Groups around the world are increasingly successful in maintaining or winning autonomy. However, what happens to individuals within the groups who find that their group discriminates against them? This volume brings together sixteen distinguished scholars who examine the balance between group autonomy and individual rights in relation to conflicts involving gender, religion, culture, and indigenous rights in the national and international sphere.

This book examines several key approaches used by courts and legislatures to assess the claims made by minorities for protection of some aspect of their identities such as a cultural or religious practice.

Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.

Three key contributions of Iris Young to democratic political theory, and three challenges that have arisen in response to Young's theory, are examined here in relation to education. First, Young has argued that oppression and domination, not distributive inequality, ought to guide discussions about justice. Second, eliminating oppression requires establishing a politics that welcomes difference by dismantling and reforming structures, processes, concepts and categories that sustain difference‐blind, impartial, neutral, universal politics and policies. The infatuation with merit and standardized tests, both (...) of which are central to measuring educational achievement, are chief amongst the targets in need of reform. Third, a politics of difference requires restructuring the division of labour and decision‐making so as to include disadvantaged social groups but allow them to contribute without foregoing their particularities. The challenges that have arisen in response to Young's theory are first, that difference is merely another way of getting at inequality of resources or opportunities, and if it is not, then, second, a politics of difference values difference for the sake of difference rather than for the sake of alleviating social disadvantage. Third, in theory and in practice a politics that focuses on difference putatively jeopardizes a politics whose aim is to improve the redistribution of resources. (shrink)

Three key contributions of Iris Young to democratic political theory, and three challenges that have arisen in response to Young's theory, are examined here in relation to education. First, Young has argued that oppression and domination, not distributive inequality, ought to guide discussions about justice. Second, eliminating oppression requires establishing a politics that welcomes difference by dismantling and reforming structures, processes, concepts and categories that sustain difference‐blind, impartial, neutral, universal politics and policies. The infatuation with merit and standardized tests, both (...) of which are central to measuring educational achievement, are chief amongst the targets in need of reform. Third, a politics of difference requires restructuring the division of labour and decision‐making so as to include disadvantaged social groups but allow them to contribute without foregoing their particularities. The challenges that have arisen in response to Young's theory are first, that difference is merely another way of getting at inequality of resources or opportunities, and if it is not, then, second, a politics of difference values difference for the sake of difference rather than for the sake of alleviating social disadvantage. Third, in theory and in practice a politics that focuses on difference putatively jeopardizes a politics whose aim is to improve the redistribution of resources. (shrink)

Avigail Eisenberg is an Associate Professor in the Department of Political Science, University of Victoria. She was also a fellow of CRÉUM during the 2004-2005 academic year. She has written important texts on the issues of identity, race, gender, minority rights, and in particular, Aboriginal claims. Her writing displays intelligent and acute commentaries in which she demonstrates an ability to tackle difficult questions in a refreshing way. Martin Blanchard of CRÉUM asked Professor Eisenberg if she would be (...) willing to be interviewed via email on the subject of an article she had just finished writing, entitled “Reasoning about the Identity of Aboriginal People”. She kindly accepted to answer his questions. (shrink)

Amid the growing interest in the relationship between technology and human flourishing, philosophical perfectionism can serve as a fruitful lens through which to normatively evaluate technology. This paper offers an analytic framework that explains the relationship between technology and flourishing by way of innate human capacities. According to perfectionism, our human flourishing is determined by how well we exercise our human capacities to know, create, be sociable, use our bodies and exercise the will, by engaging in activities that ultimately produce (...) valuable output. The paper introduces technology affordances to this framework, to show how affordances enable or restrict the exercise of human capacities, thereby impacting levels of human flourishing. One implication of this analysis is that it highlights how technology affordances can cause the privation (absence) of flourishing, by impoverishing capacities. The upshot is that privation may bring about robustly bad unflourishing, especially given that technology and its affordances have the power to degrade the human capacities in the long run. By linking how human capacities are shaped by affordances, we can achieve a better understanding of the ethical implications of technology on human flourishing. (shrink)

In this engaging and provocative new book, Lee Eisenberg, bestselling author of The Number, dares to tackle nothing less than what it takes to find enduring meaning and purpose in life. He explains how from a young age, each of us is compelled to take memories of events and relationships and shape them into a one-of-a-kind personal narrative. In addition to sharing his own pivotal memories (some of them moving, some just a shade embarrassing), Eisenberg presents striking research (...) culled from psychology and neuroscience, and draws on insights from a pantheon of thinkers and great writers-Tolstoy, Freud, Joseph Campbell, Virginia Woolf, among others. We also hear from men and women of all ages who are wrestling with the demands of work and family, ever in search of fulfillment and satisfaction. It all adds up to a fascinating story, delightfully told, one that goes straight to the heart of how we explain ourselves to ourselves-in other words, who we are and why. (shrink)

When philosophers talk about perfectionism, it is usually as a view of well-being, of developing characteristically human capacities. Yet perfectionism can also be a normative account of what we ow...

There is a growing body of scholarship on the ethics of autonomous vehicles. Yet the ethical discourse has mostly been focusing on the behavior of the vehicle in accident scenarios. This paper offers a different ethical prism: the implications of the autonomous vehicle for human well-being. As such, it contributes to the growing discourse on the wider societal and moral implications of the autonomous vehicle. The paper is premised on the neo-Aristotelian approach which holds that as human beings, our well-being (...) depends on developing and exercising our innate human capacities: to know, understand, love, be sociable, imagine, create and use our bodies and use our willpower. To develop and exercise these capacities, our environments need to provide a range of opportunities which will trigger the development and exercise of the capacities. The main argument advanced in the paper is that one plausible future of the autonomous vehicle—a future of single-rider autonomous vehicles—may effectively reduce the opportunities to develop and exercise our capacities to know, be sociable and use our willpower. It will therefore be bad for human well-being, and this provides us with a moral reason to resist this plausible future and search for alternative ones. (shrink)

For over forty years, economic inequality and distributive justice have been two of the primary concerns of political philosophers. This volume addresses these issues in a novel way, by focusing on the concepts of solidarity and public goods as both descriptive and normative frameworks. Solidarity links the social, political and moral together, in a distinctively political approach that recognizes the social sources of power on the one hand and sources of moral motivation on the other. Public goods such as education, (...) healthcare, and transport systems are indispensable to the forging of solidarity, but at the same time they may become sources of oppression or injustice, when they fail to respect individual autonomy or when they calcify majoritarian preferences. The essays in this volume explore different features of the political, moral and civic approaches to solidarity. The moral theory of solidarity is advanced in one case as an intrinsically valuable concept of social connectedness and in another as an approach of epistemic deference; a structural account of solidarity theorizes about action against racial oppression, and a power-relations account points at the urgency of the affective, non-rational dimensions of solidarity. The social value of property and its moral implications are articulated through the lens of French 19th Century ‘Solidarism’ and as a complementary theory to left-libertarianism. Public goods are defended as instrumental to solidarity, in one case within a liberal framework and in another within a human-perfectionism framework. By providing a series of thought-provoking debates about social obligations and justice, the volume re-establishes solidarity and public goods as pertinent concepts for theorizing about social justice and inequality. (shrink)

Existing accounts of public-goods distribution rely on the existence of solidarity for providing non-universal public goods, such as the humanities or national parks. There are three fundamental problems with these accounts: they ignore instances of social fragmentation; they treat preferences for public goods as morally benign, and they assume that these preferences are the only relevant moral consideration. However, not all citizens unanimously require public goods such as the humanities or national parks. Public-goods distribution that is based only on citizens’ (...) preferences, therefore, means that non-universal public good are at a constant risk of under-provision, and has negative implications for human flourishing. The paper, therefore, develops a complementary justification for the distribution of public goods, that decouples the distribution of public goods from ad hoc preferences, and grounds the distributive justification in the intrinsic value of these goods. There are three reasons to include intrinsic-value considerations in public-goods distribution: responding to crowding-out effects; promoting shared heritage and cross-fertilization. Finally, the intrinsic-value justification may indirectly promote solidarity. Thus, the intrinsic-value and the solidarity justifications need not be mutually exclusive, rather they can be mutually reinforcing. (shrink)

This article argues that early Arabic philologists developed a robust, if implicit, theory of metaphorical language, one that was not dictated by theological concerns, and one that took shape outside the technical term majāz. The starting point of the article is the oft-cited claim found in Islamic legal theory, according to which authority over matters of majāz rested in the hands of the lexicographers. For Ibn Taymiyya, this was a lie meant to justify the acceptance of metaphor in the Quran. (...) But evidence from lexicographical, lexicological, and grammatical works supports the jurists’ general claim. There was a difference, however, between the lexemes that the jurists identified as majāz and the metaphorical expressions that the lexicographers pointed out, in that the former were not always codified in the dictionaries and thus more aligned with “live” or creative metaphors. Methodologically, the article proposes an updated model for the study of medieval Arabic technical terms, away from the term itself and toward the concept behind it. (shrink)

In the past few years, calls for integrating ethics modules in engineering curricula have multiplied. Despite this positive trend, a number of issues with these ‘embedded’ programs remains. First, learning goals are underspecified. A second limitation is the conflation of different dimensions under the same banner, in particular confusion between ethics curricula geared towards addressing the ethics of individual conduct and curricula geared towards addressing ethics at the societal level. In this article, we propose a tripartite framework to overcome these (...) difficulties. Our framework analytically decomposes an ethics module into three dimensions. First, there is the ethical dimension, which pertains to the learning goals. Second, there is the moral dimension, which addresses the moral relevance of engineers’ conduct. Finally, there is the political dimension, which scales up issues of moral relevance at the civic level. All in all, our framework has two advantages. First, it provides analytic clarity, i.e. it enables course instructors to locate ethical dilemmas in either the moral or political realm and to make use of the tools and resources from moral and/or political philosophy. Second, it depicts a comprehensive ethical training, which enables students to both reason about moral issues in the abstract, and to socially contextualize potential solutions. (shrink)

This article draws together two works created in late fifteenth-century Mantua. Although radically different in kind, they were borne from the same acts of violence: Andrea Mantegna’s Madonna of Victory and a responsum about Jewish religious law by Rabbi Joseph Colon. Mantegna’s altarpiece, painted to commemorate the bloody battle of Fornova as a Gonzaga victory, was paid for by Daniele Norsa; Norsa, a Jewish banker, was accused of destroying a prior Christian icon and ordered to finance the new altarpiece as (...) reparations for this crime, under threat of death. Colon’s responsum addressed the permissibility of creating a Christian image under duress—idolatry being one of the sins for which a Jew must sacrifice their life rather than transgressing. We explore the remarkable artistry and distinct craft practiced by the painter and the rabbi—image making in the one case, legal reasoning in the other—as modes of describing, interpreting, and creating reality. Both works address problems of religion and idolatry, faith and coercion, victory and violence, and triumph and lament. Together they reveal the dynamics of a fascinating iconoclash, a conflict of culture waged over the struggle between making and breaking images. (shrink)

One of the challenges that liberal neutrality faces in diverse societies is how to maintain neutrality towards conception of the good life, when establishment of a particular conception of the good and exclusion of other conceptions is inevitable, as in the case of language regulation. A possible solution is to justify this establishment by appealing to universal reasons, thus refraining from endorsing the intrinsic value of the established conception. This paper argues that such a solution is limited, as it does (...) not cover all inevitable-establishment domains. This is because there is a distinction within inevitable-establishment domains: domains in which rival options can coexist, such as language policy, and domains in which options are mutually exclusive, such as land-use policy. The paper argues that language policy is a coexistence domain, since it allows for a degree of personal agency, and it can refrain from making value judgments about the language that is endorsed by the state. Spatial organization and land-use policy, on the other hand, must rest on value judgments about the good life and cannot accommodate neutral justifications. The distinction has important implications for the scope of neutrality: neutrality turns out to be applicable in coexistence domains, and inapplicable in mutually-exclusive domains. Ultimately, it may be the case that neutrality may not be applicable even in language policy, since language policy exhibits characteristics of a mutually-exclusive domain. (shrink)

It is shown that the application of the Lax-Phillips scattering theory to quantum mechanics provides a natural framework for the realization of the ideas of the “Many-Hilbert-Space” theory of Machida and Namiki to describe the development of decoherence in the process of measurement. We show that if the quantum mechanical evolution is pointwise in time, then decoherence occurs only if the Hamiltonian is time-dependent. If the evolution is not pointwise in time (as in Liouville space), then the decoherence may occur (...) even for closed systems. These conclusions apply as well to the general problem of mixing of states. (shrink)

Religious individuals often assume that their beliefs promote strong romantic relationships. Yet the empirical evidence is mixed. To better understand this association, this study examined religious orientation as a moderator within the investment model of commitment. A community sample of 84 couples completed measures on religious orientation and commitment as part of a larger study on romantic relationships. The findings indicate that although both religious motivations promote commitment, they do so differently. Specifically, intrinsic religious orientation buffered the negative effects of (...) dissatisfaction in a relationship; whereas an extrinsic religious orientation attenuated the extent to which alternatives to the relationship influenced commitment. Future research in this area should consider religious orientation, rather than overall religiosity, and examine specific predictors of relationship commitment to provide greater clarity on how religiosity influences romantic relationships. Implications for counseling individuals with religious beliefs are also discussed. (shrink)

There are two central distinctions upon which the present argument is predicated. First is the distinction between two correlative aspects of what is involved in a value-judgment or in an “experiencing” of value: actualized-value and value-ideal. This we find to be a distinction without which all attempt at clear talk about “value” is so hopelessly ambiguous as to be unintelligible. Second is the distinction between property-platonism and platonism-proper. After these two sets of distinctions have been explicated, our thesis will be (...) pursued: Moore is not a value-platonist-proper at all, because his famous “non-natural” property, goodness, is not a value-ideal. Moore is merely a value-property-platonist. (shrink)

The goal of this paper was to assess whether, given the opportunity, physicians/researchers would try to profit (by trading stocks) from information that only they were made privy to. The Annual ASCO (American Society of Clinical Oncology) Conference, the largest annual oncology conference, provided the perfect venue to fully explore this question. Up until 2008, ASCO abstracts were released exclusively to ASCO members (i.e., physicians, oncologists) two weeks prior to the conference, and many speculated about unusual trading patterns during these (...) two weeks. In 2008, in response to concerns about such illicit activities, ASCO changed this policy (by distributing these abstracts instead to the general public). We decided to take a closer look at these trading patterns to determine the true impact of ASCO's 2008 decision and whether the differences prior to and following 2008 reveal something about the likelihood of physicians/researchers to profit from “privileged information.”. (shrink)

There is a concern that physicians/researchers are inappropriately profiting from information derived from advance copies of high-impact clinical trial data distributed by medical conferences or journals. Despite these concerns, it has never been systematically evaluated, and little is known about the degree to which it exists. This is largely due to difficulties associated with directly verifying whether or not such activities have taken place and, furthermore, many medical conferences/journals today have taken the necessary actions to guard against this. One medical (...) association in particular, the American Society of Clinical Oncology, only began responding to such concerns several years ago. Their actions during that time serve as a compelling case study, with wide-ranging ramifications, and provide the unique opportunity to delve into this phenomenon.Up until 2008, ASCO selectively and discreetly distributed abstracts from all forthcoming presentations to ASCO members two weeks prior to it becoming publicly accessible during the conference. (shrink)

This volume gathers contributions at the intersection of history and politics. The essays, covering such topics as diverse as Italian identity in the Tientsin concession, international refugee policies in the interwar period and after, and the myths and realities of the Ukranian-Russian encounter in independent Ukraine, show that history provides better grounding as well as a more suitable paradigm for the study of politics than economics or other hard sciences. All of the contributors have a common link - doctoral work (...) supervised and shaped by Professor Andre Liebich - but have since expanded widely in the world. Hence, the authors of this work at once share a common base and yet benefit from diverse viewpoints. (shrink)

BackgroundThe Pacific Islander population is the second fasting growing population in the United States and Arkansas is home to the largest Marshallese population in the continental US. The Marshal...

The following pages offer, for the first time in English, a translation of Spinoza's Tractatus de Intellectus Emendatione which aims to render Spinoza's views as literally as possible; the aim is accuracy rather than elegance. In addition to this new translation itself, I have prepared an extensive commentary on textual problems posed, e.g., by discrepancies (all of which have been indicated) between the original Latin and the original Dutch editions of the treatise, or by the difficulties of rendering certain of (...) Spinoza's phrases into English. There is also a relatively brief introduction, and a detailed index (which no previous English translation of this treatise has included). (shrink)

Arabic Poetics: Aesthetic Experience in Classical Arabic Literature. By Lara Harb. Cambridge Studies in Islamic Civilizations. Cambridge: Cambridge University Press, 2020. Pp. xviii + 298. $99.99 (cloth); $29.99 (paper); $18.49 (ebook).

The two extant works of Constantine the Philosopher of Nicaea reveal a late twelfth century thinker of the Neoplatonic sensibility typically seen only in those who reached the pinnacle of Byzantine literacy during this period. We argue that he is of particular interest because he coined two philosophical terms that, while mirroring controversial Neoplatonic concepts, better accommodate their Orthodox acceptance.We offer here some background on the author, a short discussion of the philosophical content of these works, and for the first (...) time an English translation of both texts. (shrink)