Politics

Judges Are Paid To Express Opinions

Introduction

In a series of five harrowing judgments, the President of the Family Division, Sir James Munby, expressed his frustration with the system that endangered the life of a child who was the subject of care proceedings. He was forthright. Some of his words were quoted in the press. A headline in the Guardian read: ‘Judge warns of ‘blood on our hands’ if suicidal girl is forced out of secure care.’ ‘Why won’t NHS help?’ asked the Sun. ‘State will have ‘blood on its hands’ if suicidal teen doesn’t get hospital bed soon, top judge warns.’

While the judge’s comments seemed generally to be applauded by the media, not all were happy. Here is a typical example of a commentator who was not:

To use a rhetorical outburst in one case to make broader political points about the state of public services jeopardises the principle of judicial separation. In saying that there are occasions when doing right “includes speaking truth to power”, and openly condemning the lack of adequate public resources, is to leave the respected realm of judicial neutrality and to enter the political fray. Language and tone matter. Even if the diagnosis is fair, for a judge to use this tactic is, well, pretty ill-judged.’ Continue reading

Illegal Strikes and Political Obligation – What Reasons Do We Have To Obey The Law?

The issue of public sector pay rises has been at the forefront of political discussions in the UK in recent months. The controversy can be traced back to at least 2013, when the government placed a 1% limit on such pay rises, a figure that falls below recent levels of inflation, meaning that the cap has made public sector workers financially worse off in real terms. Earlier last week, the government announced that it would allow ministers some flexibility to breach this limit, as well as announcing small rises in the pay of some public sector workers. However, critics have labelled these measures as divisive and insufficient.

Len McCluskey, the leader of the Unite union in the UK, has recently added to this controversy when he told a BBC interviewer that he would be willing to back illegal strike action in order to oppose the cap on public sector pay rises. Under legislation introduced last year, legal industrial strike action in the UK public sector now requires the support of at least 40% of all those entitled to vote in the relevant ballot. Moreover, the ballot itself must also have at least 50% turnout in order to be valid. In his interview, McCluskey intimated that he would support strikes that did not meet this second condition. In turn, this has led commentators to call on Jeremy Corbyn, the leader of the opposition, to clarify whether he too would support illegal strikes.

I do not intend to address the moral and economic considerations involved in the question of the amount that a fair society should pay to its public sector workers. Rather, I shall be interested in the nature of the reasons that we may have to obey laws we disagree with, and the implications that our answer to this question may have for whether we should support illegal strikes of this sort.

 

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Talking Back to Science?

By Stephen Rainey

In June 2017, the European Court of Justice ruled that it was legal for a French citizen to sue a drug company for damages following a vaccination, and an illness. The ruling caused some consternation as it seemed a legal vindication of anecdote over scientific rigour.

This is a dramatic case, not least owing to the position in which vaccines find themselves, post Andrew Wakefield and the rise of the anti-vaxxer movement. Nevertheless, it forms a part of a wider narrative in which scientific activity is not always very open to questions from outside science. This broader theme is worth some scrutiny. Continue reading

Can We Trust Research in Science and Medicine?

By Brian D. Earp  (@briandavidearp)

Readers of the Practical Ethics Blog might be interested in this series of short videos in which I discuss some of the major ongoing problems with research ethics and publication integrity in science and medicine. How much of the published literature is trustworthy? Why is peer review such a poor quality control mechanism? How can we judge whether someone is really an expert in a scientific area? What happens when empirical research gets polarized? Most of these are short – just a few minutes. Links below:

Why most published research probably is false

The politicization of science and the problem of expertise

Science’s publication bias problem – why negative results are important

Getting beyond accusations of being either “pro-science” or “anti-science”

Are we all scientific experts now? When to be skeptical about scientific claims, and when to defer to experts

Predatory open access publishers and why peer review is broken

The future of scientific peer review

Sloppy science going on at the CDC and WHO

Dogmas in science – how do they form?

Please note: this post will be cross-published with the Journal of Medical Ethics Blog.

The bright side of Brexit

Let’s suppose, entirely hypothetically and for the sake of argument, that Brexit is a disaster for the UK. Let’s suppose that sterling crashes; that foreign travel is punishingly expensive and that, if you can afford to go abroad, you’re a laughing stock. Let’s suppose that the Treasury’s estimates of billions of pounds of losses each year are reasonably accurate; that unemployment rises; that credit ratings plummet. Let’s suppose Brexit creates a corrosive tide of racism; that things that should never be said, and can never be unsaid, are shouted at high volume. Let’s suppose that there’s a torrential brain drain; that UK universities fall down the international league tables; that the innovative treatments prescribed (to private patients only, unfortunately – no money left for the NHS) by the UK’s (predominantly white) doctors are all devised in New York, Paris and Rome rather than London and Leeds. Let’s suppose that the environment, unprotected by EU legislation, is trashed, and that Scotland leaves the UK.  Let’s suppose, too, that nervousness about all this creates an increasingly authoritarian style of government .

If all that happens, it’ll be great. At least if you’re a consistent utilitarian. The horror of the UK’s experience will strengthen the EU and prevent other countries from thinking that they should leave the Union – which would have similarly disastrous results for them and, if the EU itself dissolves, tectonic consequences for the stability of the world. Continue reading

The Clickbait Candidate

By James Williams (@WilliamsJames_)
Note: This is a cross-post with Quillette magazine.

While ‘interrobang’ sounds like a technique Donald Trump might add to the Guantanamo Bay playbook, it in fact refers to a punctuation mark: a disused mashup of interrogation and exclamation that indicates shock, surprise, excitement, or disbelief. It looks like this: ‽ (a rectangle means your font doesn’t support the symbol). In view of how challenging it seems for anyone to articulate the fundamental weirdness of Trump’s proximity to the office of President of the United States, I propose that we resuscitate the interrobang, because our normal orthographic tools clearly are not up to the task.

Yet even more interrobang-able than the prospect of a Trump presidency is the fact that those opposing his candidacy seem to have almost no understanding of the media dynamics that have enabled it to rise and thrive. Trump is perhaps the most straightforward embodiment of the dynamics of the so-called ‘attention economy’—the pervasive, all-out war over our attention in which all of our media have now been conscripted—that the world has yet seen. He is one of the geniuses of our time in the art of attentional manipulation.

If we ever hope to have a societal conversation about the design ethics of the attention economy—especially the ways in which it incentivizes technology design to push certain buttons in our brains that are incompatible with the assumptions of democracy—now would be the time. Continue reading

Brexit: lessons from the law

37% of the UK electorate voted to leave the European Community – slightly more than voted to remain. There is evidence that some of them regret their votes. The former editor of the Sun, Kelvin Mackenzie, who voted ‘Leave’, has spoken publicly about his ‘buyer’s remorse’.  Others have indicated that they would not vote ‘leave’ again.

There are calls for a second referendum, generally based on assertions that the ‘Leave’ campaign made misrepresentations (for instance about how money saved by leaving the EU would be spent), or on the contention that an issue as constitutionally tectonic should not be decided on such a slender majority, or the observation that an overwhelming number of young voters (who will be affected by the decision for the longest) voted to remain. Continue reading

Striking out? Should we ban doctors strikes?

by Dominic Wilkinson @Neonatalethics

Consultant neonatologist, Director of Medical Ethics

 

Next week, junior doctors in England and Wales will be taking part in industrial action for 15 hours over two successive days. This is the latest in a series of stoppages since late last year, and relates to a dispute over proposed changes to junior doctors’ contracts and pay. It is the first strike, (and the first in the UK since the establishment of the NHS), to include all medical care, including emergency treatment. Junior doctors will not be at work in accident and emergency departments, intensive care units, operating theatres and hospital wards between 8 and 5 on both of those days.

There are a series of questions raised by these strikes. There are disputed claims about the impact of contract changes on take home pay, on working conditions for doctors and on patient care. There are different views about the actual impact of next week’s strike on patients, on public opinion, or on negotiations about the new contract. But for the purposes of this article, I am going set those specific questions aside, and focus on a more general question. Should doctor strikes (particularly emergency care strikes) be legal, should they be allowed? Continue reading

Animal suffering and the pointlessness of moral philosophy

(Above image here) Consider the infamous Chinese dog market. Dogs are rounded up, sometimes beaten while still alive (ostensibly to improve the flavour of their meat), killed, and eaten.

Everyone I know thinks it’s obscene, and that the suffering of the dogs cannot possibly be outweighed by the sensual satisfaction of the diners, the desirability of not interfering, colonially, with practices acceptable in another culture, or by any other consideration. It’s just wrong.

‘It’s just wrong’ is the observation that moral philosophers exist to denounce. They draw their salaries for interrogating this observation, exploding its naivety, and showing that the unexamined observation is the observation not worth making.

But what can the moral philosophers bring to the discussion about the Chinese dogs? Alone, and unaided by science, not much. The philosophy turns out to be either (a) reheated science or (b) a description of our intuitions, together with more or less bare assertions that those intuitions are either good or bad.  Continue reading

A jobless world—dystopia or utopia?

There is no telling what machines might be able to do in the not very distant future. It is humbling to realise how wrong we have been in the past at predicting the limits of machine capabilities.

We once thought that it would never be possible for a computer to beat a world champion in chess, a game that was thought to be the expression of the quintessence of human intelligence. We were proven wrong in 1997, when Deep Blue beat Garry Kasparov. Once we came to terms with the idea that computers might be able to beat us at any intellectual game (including Jeopardy!, and more recently, Go), we thought that surely they would be unable to engage in activities where we typically need to use common sense and coordination to physically respond to disordered conditions, as when we drive. Driverless cars are now a reality, with Google trying to commercialise them by 2020.

Machines assist doctors in exploring treatment options, they score tests, plant and pick crops, trade stocks, store and retrieve our documents, process information, and play a crucial role in the manufacturing of almost every product we buy.

As machines become more capable, there are more incentives to replace human workers with computers and robots. Computers do not ask for a decent wage, they do not need rest or sleep, they do not need health benefits, they do not complain about how their superiors treat them, and they do not steal or laze away.

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