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Books > Social sciences > Sociology, social studies > Social issues > Ethical issues & debates
Technology has come to dominate the modern experience of pregnancy and childbirth, but instead of empowering pregnant women, technology has been used to identify the foetus as a second patient characterised as a distinct entity with its own needs and interests. Often, foetal and the woman's interests will be aligned, though in legal and medical discourses the two 'patients' are frequently framed as antagonists with conflicting interests. This book focuses upon the permissibility of encroachment on the pregnant woman's autonomy in the interests of the foetus. Drawing on the law in England & Wales, the United States of America and Germany, Samantha Halliday focuses on the tension between a pregnant woman's autonomy and medical actions taken to protect the foetus, addressing circumstances in which courts have declared medical treatment lawful in the face of the pregnant woman's refusal of consent. As a work which calls into question the understanding of autonomy in prenatal medical care, this book will be of great use and interest to students, researchers and practitioners in medical law, comparative law, bioethics, and human rights.
Through case studies, Outsourcing the Womb, Second Edition provides a critical analysis and global tour of the international surrogacy landscape in Egypt, India, China, Japan, Israel, Ukraine, the European Union and the United States. By providing a comparative analysis of countries that have very different policies, this book disentangles the complex role that race, religion, class inequality, legal regimes, and global capitalism play in the gestational surrogacy market. This book provides an intersectional frame of analysis in which multiple forms of social inequality and power differences become institutionalized and restrict the access of some individuals and families while privileging others, and concludes with a discussion of "reproductive justice" and "reproductive liberty." It is an ideal addition to courses on social problems, race, gender, and inequality.
Prior research has tended to mirror popular representations of the female sex worker as a morally flawed individual and a victim of circumstances beyond her control. Sex Work and Female Self-Empowerment presents a fresh perspective on "the world's oldest profession" by considering the relationship between sex work and female self-empowerment from a variety of disciplinary and practical perspectives and presenting new data derived from the author's study of six self-employed indoor female sex workers (IFSWs). Informed by the author's training in clinical psychology and human sexuality studies and her more than fifteen years of involvement in the sex work profession, this book extends beyond social stereotyping and stigmatization and presents a more balanced view of the identities and aspirations of sex workers in contemporary society.
This book is the first work to look at the full range of three centuries of the early modern period in regards to infanticide and abortion, a period in which both practices were regarded equally as criminal acts. Faced with dire consequences if they were found pregnant or if they bore illegitimate children, many unmarried women were left with little choice. Some of these unfortunate women turned to infanticide and abortion as the way out of their difficult situation. This book explores the legal, social, cultural, and religious causes of infanticide and abortion in the early modern period, as well as the societal reactions to them. It examines how perceptions of these actions taken by desperate women changed over three hundred years and as early modern society became obsessed with a supposed plague of murderous mothers, resulting in heated debates, elaborate public executions, and a media frenzy. Finally, this book explores how the prosecution of infanticide and abortion eventually helped lead to major social and legal reformations during the age of the Enlightenment.
Law, Immunization and the Right to Die focuses on the urgent matter of legal appeals and judicial decisions on assisted death. Drawing on key cases from the United Kingdom and Canada, the book focuses on the problematic paternalism of legal decisions that currently deny assisted dying and questions why the law fails to recognize what many describe as "compassionate motives" for assisted death. When cases are analyzed as discourses that are part of a larger socio-political logic of governance, judicial decisions, it is argued here, reveal themselves as relying on the construction of neoliberal fictions - fictions that are here elucidated with reference to Michel Foucault's theoretical insights on pastoral power and Roberto Esposito's philosophical thesis on immunization. Challenging the socio-political logic of neoliberalism, the issue of assisted dying goes beyond the predominant legal concern with protecting - or immunizing - individuals from one another, in favor of minimal interference. This book calls for a new kind of politics: one that might affirm people and their finitude both more collectively, and more compassionately.
This is a richly detailed account of the way the sex industry works, and one of the few empirical studies that investigates the off street industry in Britain. The book seeks to advance a greater knowledge of the social organisation of the sex industry by uncovering the day-to-day activities of women involved in the indoor markets. What types of occupational risks do women experience in work of this kind? How do these hazards affect their personal lives? A key concern throughout the book is to assess whether women are passive victims of the circumstances of prostitution or whether they understand and calculate their responses to danger. Drawing upon both sociological and criminological theories, and on detailed research in the city of Birmingham, the author addresses these questions by estimating the rationality of those responses and by providing a measure of how women make sense of different risks. Sex Work: a risky business describes how women create complex psychological and emotional techniques to maintain their sanity while selling sex, and goes on to argue that the indoor sex markets in Britain have a distinct 'occupational culture' with a set of social norms, code of conduct and moral hierarchies that make it a high regulated workplace despite its illicit and sometimes illegal nature.
In the state of Georgia, 1025 men and women are known to have been hanged or electrocuted for capital crimes in the century after the Civil War. Based on more than twenty years of investigative research, this complete chronological record of these legal executions was pieced together from diverse sources in and outside of the state, with many details never before been made public. The author documents the facts as they occurred without delving into the politics of capital punishment.
In an attempt to abolish prostitution, Sweden criminalised the purchase of sex in 1999, while simultaneously decriminalising its sale. In so doing, it set itself apart from other European states, promoting itself as the pioneer of a radical approach to prostitution. What has come to be referred to as 'the Swedish model' has been enormously influential, and has since been adopted and proposed by other countries. This book establishes the outcomes of this law - and the law's justifying narratives - for the dynamics of Swedish sex work, and upon the lives of sex workers. Drawing on recent fieldwork undertaken in Sweden over several years, including qualitative interviewing and participant observation, Jay Levy argues that far from being a law to be emulated, the Swedish model has had many detrimental impacts, and has failed to demonstrably decrease levels of prostitution. Criminalising the Purchase of Sex: Lessons from Sweden utilises a wealth of respondent testimony and secondary research to redress the current lack of primary academic research and to contribute to academic discussion on this politically-charged and internationally relevant topic. This original and timely work will be of interest to sex worker rights organisations, policy makers and politicians, as well as researchers, academics and students across a number of related disciplines, including law, sociology, criminology, human geography and gender studies.
The history of the execution of women in the United States has largely been ignored and scholars have given scant attention to gender issues in capital punishment. This historical analysis examines the social, political and economic contexts in which the justice system has put women to death, revealing a pattern of patriarchal domination and female subordination. The author includes a discussion of condemned women granted executive clemency and judicial commutations, an inquiry into women falsely convicted in potentially capital cases and a profile of the current female death row population.
The panorama of bioethical problems is different today. Patients travel to Thailand for fast surgery; commercial surrogate mothers in India deliver babies to parents in rich countries; organs, body parts and tissues are trafficked from East to Western Europe; physicians and nurses migrating from Africa to the U.S; thousands of children or patients with malaria, tuberculosis and AIDS are dying each day because they cannot afford effective drugs that are too expensive. Mainstream bioethics as it has developed during the last 50 years in Western countries is evolving into a broader approach that is relevant for people across the world and is focused on new global problems. This book provides an introduction into the new field of global bioethics. Addressing these problems requires a broader vision of bioethics that not only goes beyond the current emphasis on individual autonomy, but that criticizes the social, economic and political context that is producing the problems at global level. This book argues that global bioethics is a necessity because the social, economic and environmental effects of globalization require critical responses. Global bioethics is not a finished product that can simply be applied to solve global problems, but it is the ongoing result of interaction and exchange between local practices and global discourse. It combines recognition of differences and respect for cultural diversity with convergence towards common perspectives and shared values. The book examines the nature of global problems as well as the type of responses that are needed, in order to exemplify the substance of global bioethics. It discusses the ethical frameworks that are available for global discourse and shows how these are transformed into global governance mechanisms and practices.
In the five state regions of Illinois, Indiana, Iowa, Kentucky and Missouri, 1027 men and women are known to have been legally hanged, gassed or electrocuted in the century after the Civil War. Drawing on thousands of hours of research, this comprehensive record covers each execution in chronological order, filling numerous gaps in a largely forgotten story of the American experience. The author presents each case dispassionately with the main focus given to essential facts.
Attwood examines Victorian attitudes to prostitution across a number of sources: medical, literary, pornographic.
The eighteenth century saw profound changes in the way prostitution was represented in literary and visual culture. This collection of essays focuses on the variety of ways that the sex trade was represented in popular culture of the time, across different art forms and highlighting contradictory interpretations.
The Subject of Prostitution offers a distinctive analysis of the links between prostitution and social theory in order to advance a critical analysis of the relationship of law to sex work. Using the lens of social theory to disrupt fixed meanings the book provides an advanced analytical framework through which to understand the complexity and contingencies of sex work in late modernity. The book analyses contemporary citizenship discourse and the law's ability to meet the competing demands of empowerment by sex workers and protection by radical feminists who view prostitution as the epitome of patriarchal sexual and economic relations. Its central focus is the role of law in both structuring and responding to the 'problem of prostitution'. By developing a distinctive constitutive approach to law, the author offers a more advanced analytical framework from which to understand how law matters in contemporary debates and also suggests how law could matter in more imaginative justice reforms. This is particularly pertinent in a period of unprecedented legal reform, both internationally and nationally, as legal norms simultaneously attempt to protect, empower and criminalise parties involved in the purchase of sexual services. The Subject of Prostitution aims to overcome the current aporia in these debates and suggest new ways to engage with the subject and law. As such, The Subject of Prostitution provides an advanced theoretical resource for policymakers, researchers and activists involved in contemporary struggles over the meanings and place of sex work in late modernity.
In the last third of the eighteenth-century, Bristol and Nantes were two of the most active commercial ports of England and France, despite a slowdown of their economy. Their economies were based primarily on the maritime trade, but they developed alongside Atlantic industries that attracted many migrants, both male and female, from the surrounding countryside and from abroad. The busy urban environment, the high number of sailors and single men migrating to the port, and the decline of female house based proto-industries, were factors encouraging the development of prostitution. How prostitution is perceived in the context of social control and urban change is key to understanding the evolving attitudes to gender and sexuality in the eighteenth century. In this comparative study, Marion Pluskota offers an analysis of the lives of prostitutes that looks beyond a purely criminal perspective, and which encompasses their roles within their families, relationships and social networks. Using police and judicial records, she provides a valuable corrective to the narrow analysis of prostitutes in terms of immorality or deviance. The unique forms of development and problems faced by port cities in the early modern period make them particularly interesting subjects for comparative history. This book is well suited for those who study social history, gender and women's history.
As surprising as it may be to parents, young people today are immersed in porn culture everywhere they look. Through Internet porn, gaming, social media, marketing, and advertising, kids today have a much broader view of social and sexual possibilities, which makes it difficult for them to establish appropriate expectations or to feel adequate in their own sexuality. Even more important, no one is talking to kids directly about the problem. Parents tend to convince themselves that their children are immune to cultural influences, wait until it comes up, or hope schools and pediatricians will address the issues. Educators and doctors may be able to start the conversation but it is fundamentally a parent's job to provide information about sex and relationships early and often to help young people find their way through their social and sexual lives. Delaying the necessary but awkward conversations with their kids leaves them vulnerable. The media, marketers, and porn and gaming industries are eager to step in anywhere parents choose to hold back. Sexploitation exposes the truth to parents, kids, educators, and the medical profession about the seen and unseen influences affecting children, inspiring parents to take the role as the primary sexuality educator. With more information, parents will gain conviction to discuss and develop values, expectations, boundaries, and rules with their kids. Kids who enter their teens with accurate information and truths stand a better chance of developing an "inner compass" when it comes to sex and relationships, which sets them up for a healthy adulthood. In her comic and straightforward style, Pierce brings together the latest research with anecdotal stories shared with her by high school and college students in the thick of it. Above all else, her goal is to get people to develop more comfort around those difficult conversations so that kids gain more confidence and courage about drawing boundaries based on their own values not those put upon them.
The Spartan City State produced what is probably one of the most iconic and ruthless military forces in recorded history. They believed that military training and education began at birth. Post-World War II saw a shift to army tanks, fighter jets and missiles that would go on to fight the next huge battle in Northern Europe. Today, with the advent of unmanned systems, our hopes are attached to the idea that we can fight our battles with soldiers pressing buttons in distant command centres. However, soldiers must now be highly trained, super strong and have the intelligence and mental capacity to handle the highly complex and dynamic military operating environment. It is only now as we progress into the twenty-first century that we are getting closer to realising the Spartan ideal and creating a soldier that can endure more than ever before. This book provides the first comprehensive and unifying analysis of the moral, legal and social questions concerning military human enhancement, with a view toward developing guidance and policy that may influence real-world decision making.
Unmanned combat air vehicles, or in common parlance 'drones', have become a prominent instrument in US efforts to counter an objective (and subjective) cross-border terrorist threat with lethal force. As a result, critical questions abound on the legitimacy of their use. In a series of multidisciplinary essays by scholars with an extensive knowledge of international norms, this book explores the question of legitimacy through the conceptual lenses of legality, morality and efficacy, it then closes with the consideration of a policy proposal aimed at incorporating all three indispensable elements. The importance of this inquiry cannot be overstated. Non-state actors fully understand that attacking the much more powerful state requires moving the conflict away from the traditional battlefield where they are at an enormous disadvantage. Those engaging in terrorism seek to goad the ruling government into an overreaction, or abuse of power, to trigger a destabilization via an erosion of its legitimacy. Thus defending the target of legitimacy"in this case, insuring the use of deadly force is constrained by valid limiting principles"represents an essential strategic interest. This book seeks to come to grips with the new reality of drone warfare by exploring if it can be used to preserve, rather than eat away at, legitimacy. After an extensive analysis of the three key parameters in twelve chapters, the practical proposition of establishing a 'Drone Court' is put forward and examined as a way of pursuing the goal of integrating these essential components to defend the citizenry and the legitimacy of the government at the same time.
Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer's decision to arrest, a prosecutor's decision to prosecute, and a judge's decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
In their day-to-day practice, social work and human services practitioners frequently find themselves in confusing ethical quandaries, trying to balance the numerous competing interests of protecting children from harm and promoting family and community capacity. This book explores the ethical issues surrounding child protection interventions and offers a process-oriented approach to ethical practice and decision making in child protection and family welfare practice. Its aim is to prepare students and early-career professionals for roles in the complex and challenging work of child protection and family support. Beginning with a critical analysis and appreciation of the diverse organisational and cultural contexts of contemporary child protection and ethical decision-making frameworks, the authors outline a practical 'real-world' model for reshaping frontline ethical practice. Moving away from a focus on the child apart from the family, the authors recognise that child safeguarding affects the lives, not just of children, but also of parents, grandparents and communities. Working Ethically in Child Protection eschews dominant rational-technical models for relational ones that are value centred and focus on family well-being as a whole. Rather than a single focus on assessing risk and diagnosing deficit, this book recognises that our child protection systems bear down disproportionately on those from disadvantaged and marginalised communities and argues that what is needed is real support and practical assistance for poor and vulnerable parents and children. It uses real-world case examples to illustrate the relevant ethical and practice principles, and ways in which students and practitioners can practise ethically when dealing with complex, multi-faceted issues.
Not since man set foot on the moon over four decades ago has there been such passion and excitement about space exploration. This enthusiasm and eagerness has been spurred on by the fact that for the first time since the very beginning of the space age, space travel is no longer limited to an elite group of highly trained and well-disciplined military officers and test pilots. Instead, we must understand that the possibility of commercial space travel is already on our horizon and that it comes with a number of significant practical and moral challenges. Our level of scientific development and ability to influence international affairs and policy confers upon us an obligation to study the ethical, legal and social considerations associated with space exploration and understanding the potential consequences from the beginning is critical. This volume provides the first comprehensive and unifying analysis concerning the rise of private space exploration, with a view toward developing policy that may influence real-world decision making. The plethora of questions demanding serious attention - privatisation and commercialisation, the impact on the environment, health futures, risk assessment, responsibility and governance - are directly addressed in this scholarly work.
Offering a perceptive study of the urgent human rights issue of trafficking in persons, this important book analyses the development and effectiveness of public policies across Eurasia. Drawing on multi-method research in the region, Laura A. Dean explores the factors behind anti-trafficking strategies and the role of governments and activists in combating labour and sexual exploitation. She examines the intersection of global strategies and state-by-state approaches, and uses the diffusion of innovation framework to cast new light on the impetus and implementation of different policy typologies. Identifying the strengths, weaknesses, and best practices in human trafficking policies around Eurasia, Dean's book will appeal to a wide range of students, scholars, practitioners, and policy makers.
The Human Fertilisation and Embryology Act 2008 was a major update to the UK's laws on the use and regulation of reproductive technology and assisted reproduction. Since the enactment of the new law, the sector's regulatory body, the Human Fertilisation and Embryology Authority (HFEA), has also consulted on various related topics including barriers to egg and sperm donation in the UK, multiple births/single embryo transfer and using IVF technology to prevent mitochondrial disease. This book critically considers recent developments in human fertilisation legislation, asking whether the 2008 Act has achieved its stated aim of being fit for purpose. Bringing together a range of international experts, the book evaluates the fresh risks and challenges emerging from both established and existing technologies and techniques in the field of human fertilisation and embryology, as well as offering valuable insights into the social and regulatory challenges that lie ahead. Key topics include problems with DIY assisted conception; the lack of reform in respect of the regulation of surrogacy arrangements; and mitochondrial DNA transfer. As a review of the status of assisted reproduction legislation, this book will be of great use and interest to students, researchers and practitioners in medical law, bioethics, medicine and child welfare.
In Animals as Biotechnology sociologist Richard Twine places the question of human/animal relations at the heart of sustainability and climate change debates. The book is shaped by the emergence of two contradictory trends within our approach to nonhuman animals: the biotechnological turn in animal sciences, which aims to increase the efficiency and profitability of meat and dairy production; and the emerging field of critical animal studies - mostly in the humanities and social sciences - which works to question the nature of our relations with other animals. The first part of the book focuses on ethics, examining critically the dominant paradigms of bioethics and power relations between human and non-human. The second part considers animal biotechnology and political economy, examining commercialisation and regulation. The final part of the book centres on discussions of sustainability, limits and an examination of the prospects for animal ethics if biotechnology becomes part of the dominant agricultural paradigm. Twine concludes by considering whether growing calls to reduce our consumption of meat/dairy products in the face of climate change threats are in fact complicit with an anthropocentric understanding of sustainability and that what is needed is a more fundamental ethical and political questioning of relations and distinctions between humans, animals and nature. |
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