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As part of the major premise of the Declaration’s syllogism and of a general theory of rightful government, it is unlikely that the main ideas in the Declaration’s second paragraph exist as separate, free-floating nuggets of indeterminate meaning. My task in this essay is to reconstruct the theory of rightful government contained in that paragraph in order to progress toward fixing meaning for those ideas – equality, rights, liberty, and others – that have been so important to the self-understanding and political aspirations of Americans from 1776 on.
From the late sixteenth century, foreign engineers promoted new hydraulic technologies in England. Yet, their techniques were not alone sufficient to implement wetland improvement at a grand scale. Drainage projects generated local controversy almost everywhere they were proposed. Disputes pivoted on thorny questions about who was empowered make decisions about the management of water and land, and by what means. Under the early Stuarts, the crown and its ministers began to act as instigators and facilitators driving forward fen projects. The use of increasingly coercive methods to suppress and circumvent local opposition became entangled in wider constitutional controversies about the limits of royal authority and definitions of the public good. Wetland communities were active participants in debates about the economy and morality, environments and justice, consent and legitimate authority. Customary politics proved a powerful force, unravelling a litany of proposed projects in the early seventeenth century. This impasse was broken when Charles I launched the first state-led drainage project in Hatfield Level in 1626, yoking coercive authority to transnational expertise.
As usually conceived and practiced, education – sustainability, environmental and beyond – is embedded in an overarching narrative of progress: increasing human knowledge leading us to make wiser decisions about our behaviour, as individuals and societies. This article outlines an alternative story that draws on the work of two Indigenous scholars, E. Richard Atleo (Nuu-chah-nulth) and Leanne Simpson (Nishnaabeg), who approach living well as a quest to co-exist in harmony and balance with all our relations (that is, the living world of which we are an integral part). Among the core principles they identify are self-determination, consent and sacred respect, understood both as operative in the functioning of healthy ecosystems and as guides to human development and relationships. We show how these principles are grounded in a quest for the mutual beneficial flourishing of free beings and trace some of their implications for environmental education. While stories of this kind are at odds with the current dominant conception of schooling, there are many ways in which they could begin to influence how we move beyond the metacrisis and further, how wethink about and practice education for eco-social –cultural change and the future world/s to come.
Adolescents, particularly today’s Generation Alpha, face uncertainty about whether, when and how their autonomy will be respected, especially in mental health contexts. Existing consent and confidentiality practices may not reflect adolescents’ preferences, potentially deterring help-seeking. This Feature examines the tension between adolescent autonomy and parental authority in mental healthcare. We synthesise interdisciplinary perspectives from the developmental sciences, medical ethics and law. We present data from 20 844 students (aged 11–18 years) in the 2023 OxWell Student Survey regarding barriers to accessing mental health support. Among those who wanted but had not accessed additional support (n = 2792), 72.3% reported privacy/confidentiality concerns, with half (50.3%) specifically citing that they did not want their parents to know. These concerns were particularly common among students reporting self-harm, gender-diverse adolescents and those in less stable home environments. We argue that respecting adolescent autonomy must be central to healthcare planning, not only as an ethical and legal imperative, but also to enable timely support. A capacity-based, adolescent-centred approach – grounded in greater transparency, clearer explanations of when and how information may be shared (including the option to involve a trusted adult) and consistent, aligned policies across institutions, especially around parental involvement, could help address a key barrier to care.
Chapter 6 follows Scott’s army through 1847 during its advance toward Mexico City. It considers how the army sought to pacify the Mexican people by paying for what it took and explains the (sometimes violent) consequences for Mexican women. Although women made a vast array of choices in response to the US invasion, from seizing economic opportunities to armed resistance, regulars insisted that women welcomed them – an interpretation that still predominates in military histories. This misconception had strategic benefits. To the extent that army protection of women was real, martial law and army money maintained sufficient order to allow US forces to secure foodstuffs and supplies to continue military operations. To the extent that protection was rhetorical, the army used its claims of legitimacy to make levies on occupied areas (and women), fund operations, and harshly punish those who threatened military interests. The US Army found both strategies, the real and the rhetorical, critical to its invasion of Mexico.
For EU jurisdictions, Regulation (EU) No 1215/2012 on jurisdiction and recognition and enforcement of judgments (the Brussels I Regulation) and the 2005 Hague Choice of Court Convention (the 2005 Choice of Court Convention) are the pivotal instruments to assess “consent to jurisdiction” in a choice of court agreement. This Article examines the symmetries in both instruments. The relevant rules combine inferred consent with a residual reference to the law of the chosen court, as opposed to providing a uniform substantive standard on the notion of “consent” to jurisdiction. The practical operation of this hybrid solution is examined by reference to the relevant case law of CJEU and selected domestic courts. The Article then considers specific matters where consistency between the two regimes is uncertain. In conclusion, while alignment on consent to jurisdiction under the Brussels I Regulation and the 2005 Choice of Court Convention is desirable, it is expected that autonomous standards on consent to jurisdiction will be consolidated within the respective scopes of application of the instruments under review.
Dispute resolution provisions are routinely found in the boilerplate section of all types of contracts, ranging from negotiated paper agreements to website Terms of Service. The law permits the parties to a contract to change the default rules that would otherwise govern their transaction, including how any disputes will be resolved. The ability of the parties to change default rules demonstrates the deference of contract law to individual autonomy and private ordering. Consent is central and essential to both. Despite the legal significance of consent, its meaning is elusive. In one sense, the “meaning of consent” refers to its implications and the legal and moral consequences that derive from consent. In the other, and more complex sense, the “meaning of consent” refers to its very nature. Drawing upon my previous work on consent and contracts, this Article discusses these two meanings of consent and how they are interdependent. It will also examine consent specifically in the context of dispute resolution clauses.
This article synthesizes the insights of all contributors to the Bremen symposium and the contributions to this Special Issue, seeking to identify key themes and ideas for advancing a coherent regulatory approach to consent in dispute resolution agreements. By highlighting both shared concerns and divergent legal techniques, the project aimed at informing future scholarly and policy debates on this critical issue of contract law and private international law.
Chapter 2 theorizes the relationship between culture and politics in a manner that explains the Turkish case and can also be applied more generally. I begin by discussing scholarly approaches to the role of culture in contentious politics before offering my conceptual framework for furthering these approaches. How does culture matter in the creation of oppositional identities and political mobilization? Most often, scholars have answered this question by emphasizing structural conditions, movement frames, or personal narratives. Instead, I focus on dispositions. I draw from practice theory to rethink issues of consent and social movement resistance, and I draw from the concept of "practice" to study the processes through which powerful actors cultivate symbolic oppositions within individuals in the form of dispositions. But the implications of this process for movement mobilization have been undervalued. The chapter makes the case that shared dispositions between mobilizing agents and their constituencies produce collective practices among otherwise dispersed individuals and secure consent on the alternative cosmology. While laying the groundwork to establish specific dispositions may take quite some time, once this groundwork has been completed, mobilizing agents can more easily convince people to "hear" insurrectionary messages as well as act on them.
Clinicians navigating the legislation when working with young people and their families in the United Kingdom (UK) may need to use several relevant frameworks of legislation at the same time. This may appear complex in practice. Clinicians need to consider how a young person’s development across multiple domains, for example, cognitive, emotional, moral, social and so on, can have an impact upon their decision-making. Clinicians who work with children and young people often also work with parents or their local authority statutory equivalents, as well as other statutory and non-statutory agencies, to help find the best outcomes for children and young people (CYP). This requires good knowledge of legal frameworks, competence in working within complex multi-agency systems and being able to understand and work with different perspectives around an issue.This chapter specifically discusses aspects of the law in relation to children and adolescents (all those under 18 years) including the Human Rights Framework, Mental Capacity Act 2005, Children Act 1989 (amended 2004), Mental Health Act (amended 2007), and Criminal Justice Act (2003) within England and Wales. We have not addressed the differences in legislation in Northern Ireland or Scotland but have commented on distinct issues where relevant.
The Conclusion discusses the unsuccessful attempt by James VI and I’s government to create the “Imperial Crowne” of “Great Brittaine” out of the kingdoms of Scotland and England in 1604–08. It examines union treatises by Thomas Craig, John Hayward, and David Hume of Godscroft that struggled to reconcile sovereignty discourse’s stress on historical narrative, legalistic precedent, and jurisdictional independence with a proposed merger of equals. Indeed, in the Atlantic Archipelago only the combination of crises that resulted in the Wars of the Three Kingdoms created the circumstances for revolutionary political thought about sovereignty that dispensed with arguments from a historical sequence of precedents. In this way, the conclusion reflects on the enduring effects that conceiving sovereignty in terms of the recognition of superiority had on premodern writers despite a long series of attempts in England and Scotland to envisage political relations differently.
This chapter covers the problems with current norms in the participants we recruit for psychology experiments, and how to solve some of these problems by taking a Big Data approach. Specifically, many psychology experiments use very restricted and similar samples – such as American college students. However, this sample differs greatly from the global adult population, in many ways described here. The chapter then discusses how we can move toward more representative groups using Big Data, while also highlighting caveats that we will never be able to make a perfect sample, and sometimes we may want to intentionally restrict the people we recruit. The chapter finishes with a look at the big ethical questions surrounding participant recruitment, and discussion on imbalances in the demographics of psychology researchers themselves.
Manufacturing Dissent reveals how the early twentieth century's 'lost generation' of writers, artists, and intellectuals combatted disinformation and 'fake news.' Cultural historians, literary scholars, and those interested in the power of literature to encourage critical thought and promote democracy will find this book of particular value. The book is interdisciplinary, focusing on the rich literary and artistic period of American modernism as a new site for examining the psychology of public opinion and the role of cognition in the formation of beliefs. The emerging twentieth-century neuroscience of 'plasticity,' habit, and attention that Harvard psychologist William James helped pioneer becomes fertile ground for an experimental variety of literature that Stephanie L. Hawkins argues is 'mind science' in its own right. Writers as diverse as F. Scott Fitzgerald, Zora Neale Hurston, Ernest Hemingway, and Gertrude Stein sought a public-spirited critique of propaganda and disinformation that expresses their civic engagement in promoting democratic dissent.
The phrase “much ado about nothing” in popular discourse attempts to dispel suspicion, including in response to high-profile sexual assault allegations such as those against Harvey Weinstein. This article explores how Shakespeare’s play Much Ado About Nothing speaks to this trend. In the play, Claudio falsely accuses Hero of infidelity, abandoning her at the altar. For this play to be a comedy with a “happy” ending, Claudio must admit that he was mistaken. He discovers that consent (or, in the play’s vocabulary, “good will”) is a relational agreement between two equals, not a mediated exchange of property. Claudio’s mistake, the subject of Beatrice and Benedick’s teasing, is inherent to Weinstein’s defense arguments and other usages. Much Ado About Nothing provides a model for reforming our cultural concept of consent.
Hume criticized the idea that all legitimate government rests on consent of any sort, tacit or express. He did not deny that some governments originated that way, or that it was an admirable way. But he thought it absurd to claim that legitimate government authority is contingent upon each subject’s consent. To say that it is so is contrary to common opinion and, moreover, simply shifts the question to that of the bindingness of promises. That bindingness must rest on the idea of necessity, and so it is needlessly indirect to appeal to promises when government can be justified directly by its necessity to prosperous and secure society. Hume, however, also made a positive contribution to the social contract tradition. He described how a convention, or common practice, can coordinate expectations and behavior without the need for any express agreement or contract. Later theorists make use of Humean convention in order to connect the idea of hypothetical consent to the actual circumstances of life. In short, government is legitimate where there is a convention of conformance to a social contract that would, hypothetically, be approved by clear-minded individuals.
This essay explores a key stage in the legal history of the concepts of consent and guilt in cases of rape, namely in twelfth-century canon law in the work of Gratian and the early canonists who commented on his Decretum. It substantially revises the account that currently exists in scholarship and explains that confusion between raptus and rape and a limited read of the Decretum have combined to provide a problematic picture in which, it has been claimed, neither Gratian nor broader medieval canon law took rape seriously as an offence. The essay focuses on the underexplored Causa 32 in the Decretum and discusses how Gratian very directly addressed forced coitus in that section of his text, both condemning it and exonerating women of all guilt who are forced to have sex without their consent. Gratian and the decretists ended up changing the discourse on rape, in part through their treatment of both Lucretia of Roman legend and an early Christian martyr, Lucia. Their considerations, which intersected with theology, resulted in a legal principle that a raped wife cannot be charged with adultery. Since their considerations could also be applied to any rape victim, their work is important for the development of rape law and legal notions of consent.
Prospective consent in neonatal research poses significant challenges, particularly during urgent, time-sensitive clinical windows of study enrollment. This is especially true at referral centers for large geographic regions. A partial waiver of consent offers a potential translational science approach to enhance access to research participation in critically ill neonates. We compared enrollment rates in a study evaluating pulse oximetry accuracy across neonates with varying skin pigmentation before and after implementing a partial waiver of consent. Overall enrollment increased significantly without creating a racial disparity in enrollment, thereby improving generalizability and efficiency in neonatal clinical research.
Although choice-of-jurisdiction clauses are routinely enforced by courts in the United States, there are circumstances where they are subject to special scrutiny. One of these circumstances is when the party resisting the clause was not provided with proper notice as to the existence of the clause or the identity of the chosen jurisdiction. This Article first reviews the existing case law in this area and shows that while some U.S. courts have refused to enforce clauses for lack of notice, others do so as a matter of course. It then discusses several decisions where U.S. courts have held that notice may serve as a substitute for consent to bind parties to choice-of-jurisdiction clauses in agreements that they never signed.
This chapter explores how international law and its legitimacy could be improved and made more aligned with the demands of justice. It focuses on two types of requirements. First, there are the principles and accompanying procedures on the basis of which actors ask their agency (and their rights) to be recognized by international law and its culture of legitimacy. These principles are consent, justification, accountability, consistency, representation and participation, and non-abuse of power. Second, there are the topics around which this quest for the recognition of agency (and rights) takes place. They are better universality of international law, human rights as a benchmark of the legitimacy of sovereignty, compliance/enforcement/accountability, and human rights supported by public goods. These two kinds of requirements have been at the center of the efforts to make international law more inclusive as well as more legitimate, and they need to be taken more seriously in the future.