Task Competency in the Rights Analytic: Mental Health and the Justification for Rights and Duties

The paper concerns the moral status of persons for the purposes of rights-holding and duty-bearing. Developing from Gewirth’s argument to the Principle of Generic Consistency (PGC) and Beyleveld et al.’s Principle of Precautionary Reasoning, I argue in favour of a capacity-based assessment of the task competencies required for choice-rights and certain duties (within the Hohfeldian analytic). Unlike other, traditional, theories of rights, I claim that precautionary reasoning as to agentic status holds the base justification for rights-holding. If this is the basis for generic legal rights, then the contingent argument must be used to explain communities of rights. Much in the same way as two ‘normal’ adult agents may not have equal rights to be an aeroplane pilot, not all adults hold the same task competencies in relation to the exercise of the generic rights to freedom derived from the PGC. In this paper, I set out to consider the rights held by children, persons suffering from mental illness and generic ‘full’ agents. In mapping the developing ‘portfolio’ of rights and duties that a person carries during their life we might better understand the legal relations of those who do not ostensibly fulfil the criteria of ‘full’ agent.

Residential heat pump installations: the role of vocational education and training

Meeting European emissions targets is reliant on innovative renewable technologies, particularly ‘renewable heat’ from heat pumps. Heat pump performance is driven by Carnot efficiency and optimum performance requires the lowest possible space heating flow temperatures leading to greater sensitivity to poor design, installation and operation. Does sufficient training and installer capacity exist for this technology? This paper situates the results of heat pump field trial performance in a socio-technical context, identifying how far installer competence requirements are met within the current vocational education and training (VET) system and considers possible futures. Few UK installers have formal heat pump qualifications at National Vocational Qualification (NVQ) level 3 and heat pump VET is generally through short-course provision where the structure of training is largely unregulated with no strict adherence to a common syllabus or a detailed training centre specification. Prerequisites for short-course trainees, specifically the demand for heating system knowledge based on metric design criteria, is limited and proof of ‘experience’ is an accepted alternative to formal educational qualifications. The lack of broader educational content and deficiencies in engineering knowledge will have profound negative impacts on both the performance and market acceptance of heat pumps. Possible futures to address this problem are identified.