Journal of Law and the Biosciences最新文献_第7页

The United Nations convention on the rights of persons with disabilities, neuroscience, and criminal legal capacity. 联合国残疾人权利公约、神经科学公约和刑事法律行为能力公约。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad010

Benjamin A Barsky, Michael Ashley Stein

{"title":"The United Nations convention on the rights of persons with disabilities, neuroscience, and criminal legal capacity.","authors":"Benjamin A Barsky, Michael Ashley Stein","doi":"10.1093/jlb/lsad010","DOIUrl":"https://doi.org/10.1093/jlb/lsad010","url":null,"abstract":"The United Nations Convention on the Rights of Persons with Disabilities requires states parties to 'recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.' This mandate has sparked debate about the interpretation of legal capacity, including within the criminal context as applied to the retrogressively named 'insanity defense.' Yet, under-examined are two questions: First, what defenses should defendants with psychosocial disabilities be able to invoke during criminal prosecutions? Second, what kind of evidence is consistent with, on the one hand, determining a defendant's decision-making capacity to establish culpability and, on the other hand, the right to equal recognition before the law? Developments in neuroscience offer a unique prism to grapple with these issues. We argue that neuroscientific evidence of impaired decision-making, insofar as it presents valid and interpretable diagnostic information, can be a useful tool for influencing judicial decision-making and outcomes in criminal court. In doing so, we oppose the argument espoused by significant members of the global disability rights community that bioscientific evidence of psychosocial disability should be inadmissible to negate criminal responsibility. Such a position risks more defendants being punished harshly, sentenced to death, and placed in solitary confinement.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"10 1","pages":"lsad010"},"PeriodicalIF":3.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10198698/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9496430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The legal personhood of human brain organoids. 人脑类器官的法律人格。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad007

Masanori Kataoka, Tsung-Ling Lee, Tsutomu Sawai

引用次数: 4

The various faces of vulnerability: offering neurointerventions to criminal offenders. 脆弱性的不同面貌:为罪犯提供神经干预。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad009

Sjors Ligthart, Emma Dore-Horgan, Gerben Meynen

引用次数: 0

Ectogestation and the Good Samaritan Argument. 与好撒玛利亚人的争论。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad012

Christopher Stratman

引用次数: 0

Confidentiality, public interest, and the human right to science: when can confidential information be used for the benefit of the wider community? 保密、公共利益和科学的人权:什么时候可以将机密信息用于更广泛的社会利益?

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad013

Edward S Dove

{"title":"Confidentiality, public interest, and the human right to science: when can confidential information be used for the benefit of the wider community?","authors":"Edward S Dove","doi":"10.1093/jlb/lsad013","DOIUrl":"https://doi.org/10.1093/jlb/lsad013","url":null,"abstract":"This article explores whether the human right to science can support the public interest as a legal basis to use and disclose confidential information. The contextual focus is scientific research; the jurisdictional focus is England. The human right to science, as reflected in the Universal Declaration of Human Rights (Article 27) and the International Covenant on Economic, Social and Cultural Rights (Article 15), hitherto has not been invoked in support of a public interest basis for lawful disclosure, but the argument is made herein that there may be scope to develop this jurisprudentially. On grounds of both law and policy, and in line with the underlying rationale of recent UK Government deployment of 'COPI Notices' for lawful use of confidential patient information in the course of the COVID-19 pandemic, I contend that the human right to science may well serve as a valuable juridical buttress to an overriding public interest justification to lawfully share confidential information. However, this could occur only in restricted circumstances where the public interest is clearly manifest, namely studies researching serious, imminent health threats to the general population that rely on confidential information accessed outside of existing statutory gateways, and not more routine scientific endeavors.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"10 1","pages":"lsad013"},"PeriodicalIF":3.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10266933/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9646583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Should Canada adopt managed access agreements in Canada for expensive drugs? 加拿大是否应该在加拿大对昂贵药物采用管理准入协议?

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad014

Melanie McPhail, Tania Bubela

{"title":"Should Canada adopt managed access agreements in Canada for expensive drugs?","authors":"Melanie McPhail, Tania Bubela","doi":"10.1093/jlb/lsad014","DOIUrl":"https://doi.org/10.1093/jlb/lsad014","url":null,"abstract":"Drugs are increasingly authorized based on less mature evidence, leaving payors faced with significant clinical and cost-effectiveness uncertainties. As a result, payors must often choose between reimbursing a drug that may not turn out to be cost-effective (or may even be unsafe) or delaying the reimbursement of a drug that is cost-effective and offers clinical benefit to patients. Novel reimbursement decision models and frameworks, such as managed access agreements (MAAs), may address this decision challenge. Here, we provide a comprehensive overview of the legal limitations, considerations, and implications for adopting MAAs in Canadian jurisdictions. We begin with an overview of current drug reimbursement processes in Canada, terminology and definitions of the different types of MAAs, and select international experiences with MAAs. We discuss the legal barriers to MAA governance frameworks, design and implementation considerations, and legal and policy implications of MAAs. Finally, we provide recommendations to guide policy development for implementing MAAs in Canada, based on existing literature, international experience, and our legal analysis. We conclude that legal and policy barriers likely prevent the adoption of a pan-Canadian MAA governance framework. More feasible is a quasi-federal or provincial approach, building on existing infrastructure.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"10 1","pages":"lsad014"},"PeriodicalIF":3.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10271214/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9662963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Rules for robots, and why medical AI breaks them. 机器人的规则，以及为什么医疗人工智能打破了这些规则。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad001

Barbara J Evans

{"title":"Rules for robots, and why medical AI breaks them.","authors":"Barbara J Evans","doi":"10.1093/jlb/lsad001","DOIUrl":"https://doi.org/10.1093/jlb/lsad001","url":null,"abstract":"This article critiques the quest to state general rules to protect human rights against AI/ML computational tools. The White House Blueprint for an AI Bill of Rights was a recent attempt that fails in ways this article explores. There are limits to how far ethicolegal analysis can go in abstracting AI/ML tools, as a category, from the specific contexts where AI tools are deployed. Health technology offers a good example of this principle. The salient dilemma with AI/ML medical software is that privacy policy has the potential to undermine distributional justice, forcing a choice between two competing visions of privacy protection. The first, stressing individual consent, won favor among bioethicists, information privacy theorists, and policymakers after 1970 but displays an ominous potential to bias AI training data in ways that promote health care inequities. The alternative, an older duty-based approach from medical privacy law aligns with a broader critique of how late-20th-century American law and ethics endorsed atomistic autonomy as the highest moral good, neglecting principles of caring, social interdependency, justice, and equity. Disregarding the context of such choices can produce suboptimal policies when - as in medicine and many other contexts - the use of personal data has high social value.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"10 1","pages":"lsad001"},"PeriodicalIF":3.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9934949/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10765202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Legal personhood and frozen embryos: implications for fertility patients and providers in post-Roe America. 法律人格和冷冻胚胎:对美国roe案件后生育患者和提供者的影响。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad006

Gerard Letterie, Dov Fox

引用次数: 0

Pathogen dematerialization and the ABS loophole. 病原体非物质化和ABS漏洞。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad002

Abbie-Rose Hampton

引用次数: 0

Why reason-based abortion bans are not a remedy against eugenics: an empirical study. 为什么基于理性的堕胎禁令不是对优生学的补救措施:一项实证研究。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsac033

Sonia M Suter

{"title":"Why reason-based abortion bans are not a remedy against eugenics: an empirical study.","authors":"Sonia M Suter","doi":"10.1093/jlb/lsac033","DOIUrl":"https://doi.org/10.1093/jlb/lsac033","url":null,"abstract":"In Box v Planned Parenthood, Justice Thomas wrote an impassioned concurrence describing abortions based on sex, disability or race as a form of 'modern-day eugenics'. He defended the challenged Indiana reason-based abortion (RBA) ban as a necessary antidote to these practices. Inspired by this concurrence, legislatures have increasingly enacted similar bills and statutes allegedly as a prophylactic to 'eugenics', its underlying discrimination, and the racial disparities eugenics caused. This article tests my hypothesis that this legislative focus on eugenics is largely performative, rather than evidence of true concern about the discrimination and disparities underlying eugenics. My research examined state laws in several areas that fall within narrow and broad understandings of eugenics to determine whether states with RBA bans have implemented policies to counteract eugenics more broadly. My analysis shows that they generally have not. Instead, the apparent motivation is to commandeer concerns about eugenics to restrict reproductive rights. This legislative mission is hypocritical, and it harms the very groups impacted by the eugenics movements-minorities, women, people with disabilities, the LGBTQ+ community, and immigrants. Ultimately, it has led us to Dobbs, which makes everyone vulnerable to the eugenics policies Thomas condemns by undercutting previous constitutional protections against eugenics.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"10 1","pages":"lsac033"},"PeriodicalIF":3.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/b6/c3/lsac033.PMC9885976.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9153708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0