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Articles 1 - 3 of 3
Full-Text Articles in Ethics and Political Philosophy
Questioning Combatant’S Privilege In Unjust Wars, Harry Van Der Linden
Questioning Combatant’S Privilege In Unjust Wars, Harry Van Der Linden
Scholarship and Professional Work - LAS
Following international humanitarian law, soldiers who are authorized by their states to fight wars of aggression have a legal right to kill enemy soldiers, and (indirectly) even enemy civilians, as long as they respect such jus in bello norms as discrimination and proportionality. I criticize a variety of arguments in support of this “combatant’s privilege” of aggressor soldiers that maintain that these soldiers have a moral right to kill or are not culpable for their wrongful killing. I also contest some arguments in support of the view that even though soldiers executing wars of aggression may be morally liable for …
Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe
Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe
All Faculty Scholarship
In the century since Justice Benjamin N. Cardozo famously declared that “[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body,” informed consent has become a central feature of American medical practice. In an increasingly team-based and technology-driven system, however, who is — or ought to be — responsible for obtaining a patient’s consent? Must the treating physician personally provide all the necessary disclosures, or can the consent process, like other aspects of modern medicine, take advantage of specialization and division of labor? Analysis of Shinal v. Toms, …
A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker
A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker
Perkins Faculty Research and Special Events
Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.
For the sake of abolishing slavery, the Thirteenth Amendment says:
(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
(Section 2) Congress shall have power to enforce this article by …