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This chapter discusses social-cognitive domain theory (SCDT) as a theoretical lens for studying parental monitoring and adolescents’ information management. Theoretical concepts are presented, social cognitive domains are defined, and research applying SCDT to parenting and adolescent information management is reviewed. Research on various beliefs (parental authority legitimacy, parents’ right to know about adolescents’ behaviors, adolescents’ obligations to disclose to and obey parents) and adolescents’ reasons for disclosing and concealing information are discussed and related to adolescents’ disclosure and nondisclosure. Distinctions are drawn between issues that are legitimately regulated by parents (i.e. moral, conventional, prudential issues) and those viewed as personal prerogatives and essential to autonomy and identity development. Developmental changes, cultural variations, and parent-adolescent discrepancies in beliefs are discussed, and explanations are considered for observed discrepancies between youth’s beliefs about obligations to disclose their risky behaviors and involvement in those behaviors. The chapter concludes with directions for future research.
Although debate has long raged about how to understand the emergence of modern industrial society, it has generally been agreed until recently that Europe’s (and especially Britain’s) pioneering role was enabled by certain distinctive features of its history, economy, or society. Today, however, certain scholars deny this, arguing that other societies had reached a level of development from which a transition similar to Britain’s could have emerged, and that the special trajectory Britain followed was enabled only by accidental or incidental factors or circumstances. The two proposed candidates are China and India, and this chapter takes up and seeks to refute the claims made in regard to each, in the process developing comparisons that show the utility of the categories of autonomy and teleocracy employed throughout this book for the history of industry. The impressive achievements of both countries are acknowledged and described, but growth and sophistication are shown to be insufficient without the structural features that made British society the special case it was.
In adolescence, an important challenge for parents is to keep track of their adolescents’ behaviors and to create conditions in which adolescents disclose relevant information about themselves. According to Self-Determination Theory (SDT), dynamics of autonomy play a central role in both the effectiveness of parental monitoring and adolescents’ willingness to disclose toward parents. This chapter provides a review of SDT-based studies on parental monitoring and adolescent disclosure. This research begins to show that, whereas autonomy-supportive communication increases the potential benefits associated with parental monitoring, controlling communication of monitoring is rather counterproductive. Further, adolescents disclose more often toward parents and do so more willingly when parents are perceived as autonomy supportive (rather than controlling). In conversations about unfamiliar topics, adolescents additionally benefit from parental support for competence (i.e. guidance). Studies also highlight adolescents’ agency in the dynamics of monitoring and disclosure. Implications for practice and directions for future research are discussed.
Marx summed up Europe’s many impacts on world history as showing “what human activity can bring about” – namely, the capacity to undo and remake the human world. Although we have become increasingly aware of the negative side of this release of human energies, in war, ecological destruction, and imperial domination, the positive one survives in the closer contact between peoples, modern industry’s potential to reduce poverty, and the expansion of practical knowledge and scientific understanding. Remaking the World argues that what put Europe at the center of these changes was first the division and fragmentation that persisted through much of its history and then the emergence of spheres of activity that were autonomous in the sense of regulating themselves by principles derived from the activities carried on within them, as opposed to “teleocratic” domains governed by norms that were generated outside themselves. Unlike other attempts to grasp European distinctiveness which focus chiefly on economics and industry, it gives equal attention to culture, science, and the politics of liberty, and makes comparisons based on substantial discussions of counterparts to these developments elsewhere.
Although lying is frequently associated with problem behaviors, recent research also suggests that lying to parents is part of a normative developmental process that serves important functions for the growth and maintenance of adolescent autonomy and reflects complex and mature moral reasoning. This chapter examines adolescent lie-telling as an information management strategy and a form of everyday resistance that adolescents engage in as they strive for autonomy and increased independence in their relationships with parents. Connections between adolescent lie-telling and the development of their autonomy and moral evaluations are considered in detail. The chapter examines adolescent lying as a concealment strategy and situates lying among other information management techniques discussed in this volume. Literature on the developmental trajectory of lying is discussed, with an eye toward the changing alchemy of the adolescent–-parent relationship as children enter and move through adolescence.
Balancing individual autonomy and collective action is crucial in promoting dignity in participatory policy processes, particularly within urban policymaking. This chapter presents a case study of Lancaster City Council’s efforts to redesign the deteriorating “Mainway” housing estate, home to approximately 500 diverse inhabitants, within a dignified, inclusive framework. The project required devising a participatory process that effectively solicited input from all community members, including both regular meeting attendees and those sceptical of authority or unable to leave their flats due to health concerns. Amidst these complexities and COVID-19 restrictions, the My Mainway initiative was born. This ongoing initiative aims to transform the challenged estate through a £35 million urban regeneration project. Using a dignity-focused legal design framework, we examine how such an intricate process can facilitate dignified participation, ensuring a fair, respectful platform and offering advocacy for the seldom heard in community decisions.
This article examines the evolution of bioethics over the past four decades since the publication of John Harris’ seminal work, “The Value of Life” (1985). It argues that while the core principles articulated by Harris remain relevant, bioethics has undergone significant transformation across four key domains. First, the expanding frontiers of biotechnology have necessitated engagement with complex issues beyond individual clinical ethics. Second, there has been a widening of the circle of moral concern to encompass nonhuman animals, disability rights, and global health equity. Third, bioethics has become increasingly entangled with public policy and governance. Finally, the field has seen substantial academic proliferation and institutionalization. These developments have pushed bioethics to adapt its frameworks and methodologies while maintaining fidelity to foundational principles. This article concludes by considering the future challenges and opportunities for bioethics in an increasingly complex technological and social landscape.
Living systems are complex systems made of components that tend to degrade, but nonetheless they maintain themselves far from equilibrium. This requires living systems to extract energy and materials from the environment and use them to build and repair their parts by regulating their activities based on their internal and external conditions in ways that allow them to keep living. The philosophical and theoretical approach discussed in this Element aims to explain these features of biological systems by appealing to their organization. It addresses classical and more recent issues in philosophy of biology, fromorigins and definitions of life to biological teleology and functions, from an original perspective mainly focused on the living system, its physiology and behavior, rather than evolution. It discusses and revises the conceptual foundations of this approach and presents an updated version of it. This title is also available as Open Access on Cambridge Core.
Balancing autonomy and beneficence remains an ongoing challenge in the ethical treatment of patients with schizophrenia and other psychiatric disorders of thought. Psychiatric advance directives (PADs) offer one mechanism through which individuals can guide their own care, but unlike medical advance directives, they are not widely utilized in the United States. They are also highly limited by state law in the scope of their legal authority. This article explores the evidentiary basis for PADs as well as the legal and ethical issues that arise in the use of PADs in individuals with schizophrenia, arguing that providers’ fears of complete opt-out from care by patients are likely unfounded and that PADs offer a powerful tool through which individuals with schizophrenia can ensure meaningful consideration of their own values and goals.
This chapter charts the processes by which deceptive sex came to be regarded as potentially constituting rape. Through tracing these developments, the chapter shows how doctrinal features of the law, such as the way consent and deception are thought to be related and the modes of deception punished by law, were important to this process. Yet the chapter also argues that to fully appreciate how and why the changes occurred, it is necessary to pay attention to the array of interests the law has sought to protect and how these have shaped the range of topics of deception that might ground a charge of rape. This argument leads to the conclusion that, in the context of deceptive sex, deception has not been considered wrongful because it invalidates or precludes consent, as is commonly thought; rather, deception has invalidated or precluded consent because it has sometimes been considered wrongful. The chapter ends by introducing some reasons why this insight is important to ongoing debates regarding the criminalisation of deceptive sex.
This chapter introduces the main topic of this book, inducing intimacy, and explains that the focus is deceptively induced sex and intimate relationships (i.e., sex and sexual and/or romantic relationships). It then sets out the book’s core aims, that is, to examine how the law has responded to inducing intimacy as a form of wrongdoing and source of harms and what can this tell us about the justifiability and desirability of using law to respond to these practices in the present age. The chapter also outlines the scope of the book and the sources used before introducing the theoretical framework that informs the analysis in the remaining chapters, which is based on the cultural significance of sex and marriage, including their significance for self-construction. The chapter closes by outlining the main arguments of the book, including the potential for its historical analysis to inform contemporary debates about whether and how to respond to inducing intimacy via law today.
This chapter analyses crimes involving procuring sex, including procuring sex by deception. It argues that to appreciate the nature of these offences, and their place within this book, it is necessary both to understand how the verb ‘to procure’ was interpreted, including when and why it required deception, and to pay attention to the acts whose procurement was proscribed by law. The chapter provides elucidation on both fronts, showing how the procuring offences were geared towards prohibiting ‘illicit’ (i.e., immoral) sexual activities and therefore criminalised the use of deception to lure others into committing such acts. In demonstrating this point, the chapter argues that a culturally sensitive vision of what makes intimacy valuable shaped and constrained the use of the procuring offences. Finally, the chapter argues that the demise of the procuring offences set the stage for the expansion of the crime of rape by deception and that examining how the procuring offences worked yields important lessons for those attempting to engage critically with this development.
This chapter summarises the overarching narrative of this book and argues that as was as being intrinsically valuable it can inform contemporary debates about using law to regulate the practices of inducing intimacy. The discussion is organised around three sets of issues: the public and private dimensions of sex and intimate relationships, including the interests protected by law, the form of response (i.e., state or non-state), and the variety of legal response (i.e., public or private); the structure of legal responses, the meaning of consent and its relation to deception, targeted modes of deception, culpability matters, the requirement for a causal link between deception and ‘outcome’, and the temporalities of the legal wrong; and the substance of deceptions, including the dynamics governing the range of topics about which transparency has been expected. Drawing the discussion together, the chapter concludes by offering a new framework for constructing legal responses to deceptively induced intimacy, which builds on the core insight and these responses have historically been predicated on temporally sensitive associations between self-construction and intimacy.
Kennedy presents a new way of evaluating the regulation of deceptively induced intimacy, that is, sex and sexual/romantic relationships, on the basis of an innovative genealogy of legal responses to this conduct. This book traces the development of a range of civil and criminal laws across c. 250 years, showing how using deception to induce intimacy has been legally understood, compensated and punished. It offers an original interpretation of the form and function of these laws by situating them in their social and cultural contexts. It argues that prevailing notions of what makes intimacy valuable, including the role it plays in self-construction, have shaped and constrained the laws' operation. It shows how deceptively induced sex has come to be treated more seriously while the opposite is true of deceptively induced relationships and concludes by presenting a new framework for deciding whether and when deceptively induced intimacy should be regulated by law today.
This book draws on the disciplines of law, philosophy, and psychiatry to interrogate whether the Mental Capacity Act 2005 meets the challenges posed by mental disorder to decision-making. It is often assumed that to allow space for individuality, any test for capacity must focus only on decision-making processes and not on the substance of the values that underpin decisions. Auckland challenges this assumption, arguing that the current law serves merely as a façade, behind which judgements can be made about the nature of a person's values, free from proper scrutiny. This book provides an in-depth analysis of when and how a person's disordered values should be relevant to the determination of their capacity, offering novel suggestions for reforming the capacity test to better reflect the impact of disorder on decision-making. It also explores the implications of this analysis for people found to lack capacity, concluding that reforms to the best interest provisions are urgently needed. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
This study examined the predictors and sequelae of exposure to peer pressure from close friends in adolescence. Adolescents (99 female; 85 male) were followed from age 13 to 24 utilizing peer, parent, and romantic partner reports and observational data. Participants who were exposed to high levels of peer pressure as teens were more likely to experience higher levels of coercive behavior from romantic partners (as reported by those partners), as well as lower levels of parent-reported functional independence. All findings held even after accounting for baseline levels of teen assertiveness. Adolescents at risk for increasing exposure to peer pressure were characterized by poor-quality parent and peer relationships, as well as baseline deficits in ability to assert autonomy. Results suggest that exposure to peer pressure, aside from its potential effects on deviant or risky behavior, may reflect a powerful threat to the autonomy development process as adolescents transition from parents to peers as primary sources of support and interaction.
Nudging is a policy tool that steers people’s behavior through noncoercive psychological pushes. This has consequences for people’s lives to varying degrees. For example, the nudge of a sticker of a fly in a urinal encourages peeing inside a urinal, while an organ donation default brings people to agree to donating their organs after their decease. Governments do not yet systematically examine which nudges have to be subjected to all safeguards of the rule of law—for example, parliamentary control, judicial review, or compliance with legal principles such as proportionality. This article argues that a legal doctrine is necessary to carry out this examination. Moreover, it contributes to the development of such a doctrine, using the approach of the European Court of Human Rights as a source of inspiration. The doctrine consists of a “de minimis” principle for nudges: Public institutions only need to ensure that a nudge complies with rule of law safeguards when the nudge has substantial consequences. In addition, the doctrine includes a criterion to determine which nudges have such substantial consequences. In particular, it is argued that a nudge should be subjected to at least some safeguards when it has a serious effect on people’s autonomy.
The current conception of political literature is still influenced, to a significant extent, by the commitment debate between Theodor Adorno and Georg Lukács, in which the political power of the literary imagination rests either in its abstract freedom from political realities (Adorno), or in its close fidelity to them (Lukács).
This essay suggests that an understanding of James Kelman’s writing, as a singular form of political literature, requires us to move beyond this opposition. In blending a writing that is deeply committed to locality and to place with a writing affiliated to the abstractions of Kafka and Beckett, Kelman’s work suggests new ways of imagining the terms in which the mind is both free from and bound to its determining conditions. The essay offers a reading of Kelman’s later novels – Translated Accounts, You Have to be Careful in the Land of the Free and pre-eminently Kiron Smith, boy – in order to develop an account of a political imagination that is attuned to the particular cleaving that Kelman performs, between freedom and servitude, between place and the dismantling of place.
Parents’ discrimination against their children is lawful. But the family, as an institution in which social goods are allocated, is as significant as the sites in which anti-discrimination law operates. At least prima facie, therefore, parents should be governed by legal prohibitions on discrimination. While state incursion into family life poses a threat to children’s autonomy, so does parental discrimination against children. Anti-discrimination law therefore needs new institutions to promote the values of non-discrimination in a part of society that currently sits outside anti-discrimination law’s reach. We identify existing regimes that may provide a starting point for this work.
The Introduction summarises the core themes of the book and outlines how the argument will proceed over the course of its chapters. It explains why the issue it centres around – namely, how the law grapples with the impact of mental disorder on decision-making – is so important, and why successfully navigating the tension between respect for (and deference to) idiosyncratic values, and protection from disorder or impairment, must be a precondition of England and Wales adopting ‘fused’ mental capacity and health legislation, or a more CRPD-compliant statutory framework. It also explains how the book relates to the existing literature in this area, which has focused in recent years on concerns about the binary nature of the capacity framework, and on the individualistic and rational ‘liberal subject’ on which this framework rests. Finally, it elaborates briefly on some of the concepts which the book will draw upon, in particular what is meant by ‘values’ and ‘beliefs’.