Category Archives: Bristol Scholars

Working together to combat global health inequalities

By Prof John Coggon, Professor of Law, and Dr Judy Laing, Reader in Law, co-Directors of the Centre for Health, Law and Society (University of Bristol Law School).

The World Health Organization (WHO) celebrated its 70th anniversary last month, on 7th April 2018, which is World Health Day. The WHO was established in 1948 and one of its founding principles provides that:

the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.

The WHO has achieved a considerable amount in that time by focusing on many of the key challenges to reducing global health inequalities. Some of the most recent challenges faced by the WHO are the rise in drug resistance across the globe, as well as the threat of global pandemics, as witnessed with the Ebola virus outbreak in West Africa in 2014, and the burdens of noncommunicable disease. International organisations such as the WHO have a crucial role to play in tackling these threats to our health fairly and effectively, but it cannot achieve change alone. The WHO must do so in partnership with national governments and other key actors. Within these agendas, there are crucial roles for law and governance as levers to help create the conditions in which people can enjoy good physical and mental health.

One of the world’s leading global health law scholars, and one such key actor and WHO collaborator, Professor Larry Gostin, visited the Centre for Health, Law, and Society (CHLS) at the University of Bristol in April 2018 as a Benjamin Meaker Visiting Professor. He came to talk about his collaborations with the WHO, and to explore some of the key global health challenges with staff and students from across and beyond the university. A key focus throughout his visit was the ways that we can and should link scholarship with activism, policy, and practice: a question at the heart of the mission of CHLS. Continue reading

Why Read Kant’s Anthropology?

By Dr Basil Salman, Teaching Associate in Law (University of Bristol Law School).

When I was a graduate student, I became very interested in one of Immanuel Kant’s lesser-known works, his Anthropology from a Pragmatic Point of View. In this weird and wonderful book, which has received renewed attention in recent years, we see a very different side of Kant to the one we are used to. It is a Kant removed from the transcendental idealism of the Critique and the abstract principles of the Groundwork; and with the aim, not of explaining the basis of knowledge or morality, but of offering a practical guide to living. What we find in the Anthropology is a kind of applied ethics: a number of observations about human activity, coupled with guidance on how to live successful lives. We find advice on how to use the imagination, how to remain good-tempered, and even how to hold a good dinner-party.

One may well wonder why we should be concerned with a work like this. No doubt there are a number of reasons why I myself became attached to it (some of these strategic of course—the most obvious being that I wanted something new and interesting to write about for my dissertation!). But despite the fact that numerous passages from Kant’s Anthropology strike us as odd, undeveloped, and rather disconcerting today, I think there is a lot in it that recommends itself to us as legal scholars. Indeed, going back and revisiting my thinking from that time, I should like here to offer some reasons why I think legal philosophers should go ahead and read it.  Continue reading

Google: is the competition truly just a click away?

By Ms Beatriz Marques, LLB (Hons) (2011 alumna) (University of Bristol Law School).*

Google has faced heightened scrutiny by numerous competition authorities worldwide since 2007. Most significantly the European Union (EU) fined Google a record €2.4bn ($2.7bn) for abusing its dominant position as a search engine. This blog post examines Google’s recent antitrust troubles in the EU and the United States (US) and analyzes whether the EU fine is likely to ignite further investigations against Google. Continue reading

One benefit, one payee – does Universal Credit encourage financial abuse?

By Ms Marilyn Howard, Researcher, Productive Margins Project (University of Bristol Law School). *

The Government’s flagship benefit reform, Universal Credit, could be sailing into choppy waters. Universal credit aims to simplify benefits and to make work pay. It does this through amalgamating different means-tested benefits and tax credits, paid for different purposes and potentially payable to a different member of a couple. Included in Universal Credit are payments previously paid separately for housing costs and for children (Child Tax Credit).

Because it is one benefit, only one partner in a couple is paid Universal Credit – even though a couple has to make a joint claim. As charities and women’s groups have pointed out, this concentrates power and resources in the hands of that one partner, which risks encouraging financial abuse. Also by lumping child payments in with other benefits, the advantage of a clearly-labelled payment for children, which was paid to the person responsible for a child, could be lost.

Continue reading

Food as a Commons: why Law Matters?

By Dr Tomaso Ferrando, Lecturer in Law (University of Bristol Law School).

Since Hardin’s publication of the Tragedy of the Commons in 1968, the perception of ‘the commons’ has been closely intertwined with food and agricultural production. As a matter of fact, Hardin was worried that common land which was openly and unrestrictedly accessible to livestock would have been quickly impoverished and eventually lost its economic potential. According to Hardin, livestock production should take place on the basis of a well-defined and individualist proprietary regime which allocates the land to all users, so that the cost of idiosyncrasy and over-exploitation is borne by those who act irresponsibly and negative externalities do not affect the amount of resource that is available to the other members of society.

Through the years, the flaws and ineffectiveness of Hardin’s theory have been uncovered. For example, David Harvey has suggested that Hardin only considers the implication of commons-owned land (the natural resource), while the crucial element is represented by the commons-ownership of the means of production. Similarly, the research conducted by Elinor Olstrom through the lenses of economics and governance led to the identification of several examples in the natural world where commons-pooled resources are maintained, reproduced and shared by members of society through the introduction of rigorous forms of governance and collective discipline. Moreover, the idea that private titling and private exploitation of resources reduce the risk of over-consumption and unsustainability has been proven wrong in numerous cases of socio-environmental disasters and by the depletion of soil produced by corporate farming. Continue reading

Unleashing the Force of Law: The Role of Lawyers in Times of Conflict

By Dr Devyani Prabhat, Senior Lecturer in Law (University of Bristol Law School).*

In this blog post, Dr Devyani Prabhat provides the context for her first book Unleashing the Force of Law: Legal Mobilization, National Security, and Basic Freedoms (Palgrave Publishers, 2016), which won the Peter Birks prize of the Society of Legal Scholars (UK and Ireland) for best book in 2017. It was also shortlisted by the Socio-legal Studies Association (SLSA) in 2016 for the best book prize. Dr Prabhat is on Twitter @DrDPrabhat. Continue reading

Dignity or Discrimination: What paves the road towards equal recognition of same-sex couples in Europe?

By Dr Jule Mulder, Lecturer in Law (University of Bristol Law School).

EU and Rainbow flag

Dr Jule Mulder’s article ‘Dignity or Discrimination: What paves the road towards equal recognition of same-sex couples in Europe?’ has been published in the Journal of Social Welfare and Family Law. The article explores whether the principle of dignity can help advance the Court of Justice of the European Union’s (CJEU) approach towards same-sex couples’ rights within the EU non-discrimination law framework, considering dignity-based arguments in a comparative perspective.

The European courts’ approach, mostly focusing on the concept of direct discrimination, seems insufficient to ensure the equal treatment of same-sex couples. The comparative experience, successfully invoking the dignity-principle to advance same-sex couples’ rights, challenges us to review the EU non-discrimination law and invites us to reconsider the concept of dignity and its value to foster substantive equality and equal treatment within the EU legal framework. Accordingly, recognising the limited reach of the CJEU current approach that focuses on direct sexuality discrimination only and adheres to the comparator paradigm, the article analyses possibilities to challenge de facto discrimination within the EU legal framework going beyond the concept of direct discrimination. In doing so, the article evaluates the potential of the dignity-centred approach within the context of EU equality law. Hence, the article evaluates whether the CJEU case-law’ limited substantive reach could be remedied by a more detailed engagement with the concept of dignity to provide substantive meaning to the analysis. Ultimately rejecting the usefulness of dignity, the article proposes that a more consistent application of the concept of indirect discrimination could push courts towards legal recognition of rights of same-sex couples.  Continue reading

Strengthening the Capacity for Ethical Public Health

By Prof John Coggon, Professor of Law and Co-Director of the Centre for Health, Law, and Society (University of Bristol Law School).  Honorary Member of the Faculty of Public Health.*

© Rookuzz..

Public health is proudly an evidence-based field. But evidence without values cannot tell us what we should do.

We need public health ethics if we are to understand and explain, by reference to the classic definition of public health advanced by Winslow, what we, as a society, ought to do to assure the conditions in which people can enjoy good health and equitable prospects for health. Using the ‘organised efforts of society’ to protect and promote health and well-being is an ethical goal—indeed, as many of us would argue, it is an ethical imperative. And to be achieved, it requires law and policy. To evaluate when threats to health warrant a public health response, scientific analyses must be complemented by matters such as the balancing of values, an assessment of the relative merits of different possible interventions, an appreciation of the likely risks and impacts of intervening, and a sensitivity to political and cultural contexts and realities. Continue reading

Withdrawal of same-sex marriage in Bermuda: low hanging fruit in the constitutional living tree?

By Mr Marc Johnson, Teaching Associate in Law (University of Bristol Law School).

© Procsilas Moscas

On 7 February 2018, Bermuda’s Governor approved the Domestic Partnership Act 2017 (DPA) which withdraws the right for same-sex couples to marry in Bermuda. The ‘Domestic Partnership’ purports to offer the same legal standing as marriage though there is a degree of scepticism around whether this will be the case. There is a substantial body of writing in the UK on whether the civil partnerships established under the Civil Partnership Act 2004 were in fact equal to marriage, or whether creating a second form of legal partnership also created a subordinate form of legal partnership.

This may not however, be the end of the story. According to Reuters News Agency, on 20 February 2018, a Bermudian Lawyer has filed a motion asking for the Supreme Court of Bermuda (a court of first instance unlike the Supreme Court of the UK which is the UK’s final appellate court), to consider whether the DPA is inconsistent with the Bermudian Human Rights Act 1981 (HRA). This blog piece will briefly consider whether the Bermudian constitution has been altered by the HRA to include protections for same-sex marriage, to what extent is the HRA constitutional, and can rights given under the HRA be removed. Continue reading