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A medical professional holding a needle ready to inject. For illustrative purposes only.

On plans to extend use of chemical castration for sex offenders in England

Secretary of State for Justice Shabana Mahmood is reportedly looking into a potential ‘national rollout of voluntary chemical castration for sex offenders’. The proposal is one of the recommendations outlined in the recently published Independent Sentencing Review led by former Lord Chancellor David Gauke, commissioned to investigate ‘the prison overcrowding crisis and to consider alternative… Read More »On plans to extend use of chemical castration for sex offenders in England

Cross Post: Should A Health Professional Be Disciplined For Reporting An Illegal Abortion?

Written by: Prof Dominic Wilkinson, University of Oxford

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Prostock-studio/Shutterstock 
There have been several high-profile cases in the last year of women in the UK being prosecuted for allegedly obtaining abortions illegally. In 2022, there were 29 cases of suspected unlawful abortions that were reported to police – almost a twofold rise on the number reported four years earlier.

In response to this, the Royal College of Obstetrics and Gynaecologists (RCOG) has issued guidance that seeks to clarify the legal obligations of healthcare professionals. The full guideline has not yet been released, but the RCOG insists that professionals “are under no legal obligation to contact the police following an abortion, pregnancy loss or unattended delivery”.Read More »Cross Post: Should A Health Professional Be Disciplined For Reporting An Illegal Abortion?

Oxford Uehiro Prize in Practical Ethics: Why Don’t We Just Let The Wise Rule?!

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This article received an honourable mention in the undergraduate category of the 2022 National Oxford Uehiro Prize in Practical Ethics

Written by Alexander Scoby, University of Cambridge

Throughout history, democracy has been accused of producing objectively sub-optimal outcomes because it gives voice to the ‘mob’. 1 Recently, Brexit and the election of Trump have been the favoured examples.2

The supposedly poor epistemic performance of democracy has served as a springboard for epistocracy, loosely defined as any political arrangement where the ‘wise’ (or competent) have disproportionate political authority relative to the rest of the population.3

I argue that against a background of structural inequality, an epistocracy is unlikely to epistemically outperform democracy. By doing so, I hope to undermine the appeal of epistocracy and ‘defend’ democracy from a competitor.Read More »Oxford Uehiro Prize in Practical Ethics: Why Don’t We Just Let The Wise Rule?!

Cross Post: Should You Stop Wearing A Mask Just Because the Law Gives You Permission To Do So?

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Written by Maximilian Kiener

On December 1 1955, in Alabama, Rosa Parks broke the law. But Parks was no ordinary criminal trying to take advantage of others. She merely refused to give up her seat on a bus to a white person and was arrested for this reason alone. Parks is a hero because she stood up, or rather sat down, for the rights of black people.

Among other things, Parks taught us that we shouldn’t take the law too seriously, since a legal prohibition does not always imply a moral prohibition. In fact, there can be cases where we should actually do what the law forbids.

But we can extend Parks’ lesson and add another scenario where we shouldn’t take the law too seriously. Just as legal prohibitions (such as not to occupy seats reserved for white people) do not always determine what we should do, legal permissions, or rights, cannot determine what we should morally do either.

Consider the UK government, which now permits its citizens to visit public places without wearing masks, despite surging COVID infection rates. Does that permission mean that people in England now have good reasons to abandon their masks?Read More »Cross Post: Should You Stop Wearing A Mask Just Because the Law Gives You Permission To Do So?

Judgebot.exe Has Encountered a Problem and Can No Longer Serve

Written by Stephen Rainey

Artificial intelligence (AI) is anticipated by many as having the potential to revolutionise traditional fields of knowledge and expertise. In some quarters, this has led to fears about the future of work, with machines muscling in on otherwise human work. Elon Musk is rattling cages again in this context with his imaginary ‘Teslabot’. Reports on the future of work have included these replacement fears for administrative jobs, service and care roles, manufacturing, medical imaging, and the law.

In the context of legal decision-making, a job well done includes reference to prior cases as well as statute. This is, in part, to ensure continuity and consistency in legal decision-making. The more that relevant cases can be drawn upon in any instance of legal decision-making, the better the possibility of good decision-making. But given the volume of legal documentation and the passage of time, there may be too much for legal practitioners to fully comprehend.

Read More »Judgebot.exe Has Encountered a Problem and Can No Longer Serve

Inoculate to Imbibe? On the Pub Landlord Who Requires You to be Vaccinated against Covid

Written by Isra Black and Lisa Forsberg

Elsewhere on the blog Tom Douglas has discussed vaccine requirements for commonplace activities, such as going to the pub, created by the state in the form of law or guidance. Let’s call these vaccine requirements ‘state-originating’. Also on the blog, Julian Savulescu has discussed whether ‘immunity passports’ are a human rights issue. In our view, vaccine requirements or similar raise important issues of human rights in a legal, as well as ethical and rhetorical sense. Legally, since the action of public authorities would be implicated in state-originating vaccine requirements, the measures would be evaluated for their compliance with, among other things, the Human Rights Act 1998 (and therefore the rights protected by the European Convention on Human Rights) and the Equality Act 2010. The legality of state-originating vaccine requirements would depend on issues of principle (eg how should we trade-off interference with personal life and the freedoms to pursue economic and social activities?), scope (what sectors or activities?), and implementation (eg how to handle any exemptions?)

In this post, we take a different angle. We consider the legal human rights and equality dimensions of private-originating vaccine requirements—for example, ‘inoculate to imbibe’: your local pub requiring you to have had a coronavirus vaccine to enjoy a pint.

Read More »Inoculate to Imbibe? On the Pub Landlord Who Requires You to be Vaccinated against Covid

Following the Science Without Forgetting Values

Written by Stephen Rainey

It is presently feared that ‘lockdown’ may be beginning to fray at the edges, as people tire of their restrictions. From the start of the emergency, discussion focussed upon the ability of the public to stay the course where restrictions were at stake. This neatly ignores the public’s being ahead of the government in acknowledging the severity of the situation before the 23rd March announcement to restrict social freedoms. At any rate, concerns over policy effectiveness were addressed through faith in behavioural science (via ‘Behavioural Insights’, née ‘The Nudge Unit’), and communications devices such as the repeated phrase, ‘following the science’.

‘Following the science’ raises reasonable questions including, which science and why? In what sense ‘follow’? To what degree? The idea of creating arguments ‘from science’ for any given policy is presumed sufficient as a motivation, or a reason for citizens to submit themselves to policy demands. However, given the expert basis for these arguments, it is not a safe bet that any given citizen will share the assumptions or knowledge base of the experts, let alone adopt them as straightforward reasons to alter their behaviour. Few people like to be told what to do without at least understanding what is being asked of them and why, so this can be a problem.

Read More »Following the Science Without Forgetting Values

Oxford Uehiro Prize in Practical Ethics: What, if Anything, is Wrong About Algorithmic Administration?

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This essay received an honourable mention in the undergraduate category.

Written by University of Oxford student, Angelo Ryu.

 

Introduction

 The scope of modern administration is vast. We expect the state to perform an ever-increasing number of tasks, including the provision of services and the regulation of economic activity. This requires the state to make a large number of decisions in a wide array of areas. Inevitably, the scale and complexity of such decisions stretch the capacity of good governance.

In response, policymakers have begun to implement systems capable of automated decision making. For example, certain jurisdictions within the United States use an automated system to advise on criminal sentences. Australia uses an automated system for parts of its welfare program.

Such systems, it is said, will help address the costs of modern administration. It is plausibly argued that automation will lead to quicker, efficient, and more consistent decisions – that it will ward off a return to the days of Dickens’ Bleak House.Read More »Oxford Uehiro Prize in Practical Ethics: What, if Anything, is Wrong About Algorithmic Administration?

Oxford Uehiro Prize in Practical Ethics: Can it be Wrong For Victims to Report Crimes?

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This essay was the winning entry in the graduate category of the 6th Annual Oxford Uehiro Prize in Practical Ethics.

Written by University of Oxford student, Maya Krishnan.

 

Introduction

Late one night in Managua, Nicaragua, a man punched Leslie Jamison in the face and then ran away with her camera. Jamison called the police. Forty minutes later, a police truck pulled up with a man in the back. A sense of discomfort informs Jamison’s subsequent narration of the incident in her essay collection, The Empathy Exams (2014). Jamison found herself occupying a morally fraught role: that of a white American in Nicaragua who got the police to try to hunt down a likely significantly poorer man. Had she done something wrong by calling the police?Read More »Oxford Uehiro Prize in Practical Ethics: Can it be Wrong For Victims to Report Crimes?

Regulating The Untapped Trove Of Brain Data

Written by Stephen Rainey and Christoph Bublitz

Increasing use of brain data, either from research contexts, medical device use, or in the growing consumer brain-tech sector raises privacy concerns. Some already call for international regulation, especially as consumer neurotech is about to enter the market more widely. In this post, we wish to look at the regulation of brain data under the GDPR and suggest a modified understanding to provide better protection of such data.

In medicine, the use of brain-reading devices is increasing, e.g. Brain-Computer-Interfaces that afford communication, control of neural or motor prostheses. But there is also a range of non-medical applications devices in development, for applications from gaming to the workplace.

Currently marketed ones, e.g. by Emotiv, Neurosky, are not yet widespread, which might be owing to a lack of apps or issues with ease of use, or perhaps just a lack of perceived need. However, various tech companies have announced their entrance to the field, and have invested significant sums. Kernel, a three year old multi-million dollar company based in Los Angeles, wants to ‘hack the human brain’. More recently, they are joined by Facebook, who want to develop a means of controlling devices directly with data derived from the brain (to be developed by their not-at-all-sinister sounding ‘Building 8’ group). Meanwhile, Elon Musk’s ‘Neuralink’ is a venture which aims to ‘merge the brain with AI’ by means of a ‘wizard hat for the brain’. Whatever that means, it’s likely to be based in recording and stimulating the brain.

Read More »Regulating The Untapped Trove Of Brain Data