Justice and Public Health

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice

INTEGRATED ASSESSMENT OF ENVIRONMENTAL EFFECTS FROM AGRICULTURAL PRODUCTION

Agriculture's impact on the environment is a complex research problem. A challenge to future economic research is to account for the interrelationship between agricultural production activities, soil productivity, erosion, and water quality. It will become increasingly important to determine not only the economic consequences, but also the environmental effectiveness of alternative policies aimed at improving resource use and quality. The application of biophysical simulation models to environmental quality problems provides a means to better understand the complex interaction between agricultural production and environmental quality.Environmental Economics and Policy,

Cost and Compensation of Injuries in Medical Malpractice

Compensation determinations for victims of medical malpractice were studied. Results showed that for birth-related and emergency room cases of permanent injury in Florida, a claimant receiving much more than economic loss in compensation more nearly appears to be the exception than the norm

Mind-life continuity: a qualitative study of conscious experience

There are two fundamental models to understanding the phenomenon of natural life. One is thecomputational model, which is based on the symbolic thinking paradigm. The other is the biologicalorganism model. The common difficulty attributed to these paradigms is that their reductive tools allowthe phenomenological aspects of experience to remain hidden behind yes/no responses (behavioraltests), or brain ‘pictures’ (neuroimaging). Hence, one of the problems regards how to overcome meth-odological difficulties towards a non-reductive investigation of conscious experience. It is our aim in thispaper to show how cooperation between Eastern and Western traditions may shed light for a non-reductive study of mind and life. This study focuses on the first-person experience associated withcognitive and mental events. We studied phenomenal data as a crucial fact for the domain of livingbeings, which, we expect, can provide the ground for a subsequent third-person study. The interventionwith Jhana meditation, and its qualitative assessment, provided us with experiential profiles based uponsubjects' evaluations of their own conscious experiences. The overall results should move towards anintegrated or global perspective on mind where neither experience nor external mechanisms have thefinal wor

The Future of Emotional Harm

Why should tort law treat claims for emotional harm as a second-class citizen? Judicial skepticism about these claims is long entrenched, justified by an amalgam of perceived problems ranging from proof difficulties for causation and the need to constrain fraudulent claims, to the ubiquity of the injury, and a concern about open-ended liability. To address this jumble of justifications, the law has developed a series of duty limitations to curb the claims and preclude them from reaching the jury for individualized analysis. The limited duty approach to emotional harm is maintained by the latest iteration of the Restatement (Third) of Torts. This Article argues that many of the justifications for curtailing this tort have been discredited by scientific developments. In particular, the rapid advances in neuroscience give greater insight into the changes that occur in the brain from emotional harm. Limited duty tests should no longer be used as proxies for validity or justified by the presumed untrustworthiness of the claim. Instead, validity evidence for emotional harm claims—like evidence of physical harm—should be entrusted to juries. This approach will reassert the jury’s role as the traditional factfinder, promote corrective justice and deterrence values, and lead to greater equity for negligent infliction of emotional distress (NIED) claimants. The traditional limitations on tort recovery, including the rules of evidence and causation, are more than adequate to avoid opening the floodgates to emotional distress claims

The Future of Emotional Harm

Why should tort law treat claims for emotional harm as a second-class citizen? Judicial skepticism about these claims is long entrenched, justified by an amalgam of perceived problems ranging from proof difficulties for causation and the need to constrain fraudulent claims, to the ubiquity of the injury, and a concern about open-ended liability. To address this jumble of justifications, the law has developed a series of duty limitations to curb the claims and preclude them from reaching the jury for individualized analysis. The limited duty approach to emotional harm is maintained by the latest iteration of the Restatement (Third) of Torts. This Article argues that many of the justifications for curtailing this tort have been discredited by scientific developments. In particular, the rapid advances in neuroscience give greater insight into the changes that occur in the brain from emotional harm. Limited duty tests should no longer be used as proxies for validity or justified by the presumed untrustworthiness of the claim. Instead, validity evidence for emotional harm claims—like evidence of physical harm—should be entrusted to juries. This approach will reassert the jury’s role as the traditional factfinder, promote corrective justice and deterrence values, and lead to greater equity for negligent infliction of emotional distress (NIED) claimants. The traditional limitations on tort recovery, including the rules of evidence and causation, are more than adequate to avoid opening the floodgates to emotional distress claims

No More Bricks in the Wall: Adopting Healthy Lifestyles through Physical Education Classes

Despite the multiple benefits associated with practicing physical activity regularly, less than 20% of the population do it on a daily basis. Physical education classes could contribute, during childhood and adolescence, to consolidating adherence to healthy lifestyle habits. The present study involved 606 secondary school students between the ages of 13 and 19. We analysed the relationships between the perception of psychological control and support for autonomy, the satisfaction and frustration of psychological needs, mind-wandering and mindfulness, positive and negative emotions, motivation towards physical education classes, physical activity and the intention to be physically active—all through a structural equation model, which presented acceptable goodness-of-fit indices. The results showed that students who feel more autonomous see that their psychological needs are met and feel emotionally positive; this will result in the development of autonomous motivation towards physical education classes and physical activity that, in turn, could lead to a greater intention to be physically active