Concerns about exploitation pervade the literature on commercial cross-border reproductive care, particularly egg selling and surrogacy. But what constitutes exploitation, and what moral weight does it have? I consider the relationship between vulnerability, limited choice, consent, and mutually advantageous exploitation. To elucidate the difference between limited choice and consent, I draw on an account of relational autonomy. In the absence of a normative principle of fair distribution, it is unclear whether the providers of reproductive goods and services are treated (...) fairly in such contracts, and therefore whether they have been exploited. I finish with some pragmatic recommendations for minimizing risks and empowering egg sellers and surrogates. (shrink)

This article examines the legal and ethical challenges for the provision of healthcare in the metaverse. It proposes that the issues arising in the metaverse are an extension of those found in telehealth and virtual health communities, albeit with greater complexity. It argues that international collaboration between policymakers, lawmakers, and researchers is required to regulate this space and facilitate the safe and effective development of meta-medicine.

In lieu of an abstract, here is a brief excerpt of the content:Medical Tourism:Crossing Borders to Access Health CareHarriet Hutson Gray (bio) and Susan Cartier Poland (bio)Traveling abroad for one's health has a long history for the upper social classes who sought spas, mineral baths, innovative therapies, and the fair climate of the Mediterranean as destinations to improve their health. The newest trend in the first decade of the twenty-first century has the middle class traveling from developed countries to those (...) with emerging economies to avoid treatment delays, prohibitive costs for life-saving procedures, or simply high costs for elective surgery. Others leave to have access to assisted suicide in countries that have legalized it: Belgium, The Netherlands, and Switzerland. This new era of globalization in health care has arrived without the benefit of international standards, government oversight, or ethical and legal review.Howard Staab, a self-employed carpenter from North Carolina, flew to India for his medically necessary heart surgery, scheduled a side trip to the Taj Mahal, and returned home to work in North Carolina. He spent a total of less than $10,000, instead of the $200,000 required from the local hospital (I, Milstein and Smith 2006).At first blush, the outsourcing of medical care to India seems to be a particular solution for a particular problem. However, the particularity of Mr. Staab is not unique. His experience is emblematic of those patients in the United States with a medical need for major and elective procedures, but who also must bear the total cost of these procedures. These middle-class, under-insured Americans go abroad.In tandem with increasingly aggressive marketing campaigns, American hospitals and companies have begun to leverage their connections in Asia to grow the medical tourism business into a major economic force. What are the consequences of this?Several authors point to the effect on the host country's population, particularly the poor, to be pushed farther down the queue to receive adequate, affordable care. Resources are applied to the foreign trade instead of building the local [End Page 193] medical infrastructure. Another potential problem is the obligation of the home-country physician to provide follow-up care. What are the legal ramifications when the procedure was illegal to begin with? Are there opportunities for redress for medical errors?These factors may be converging into a "perfect storm" for health care in the U.S., in which the potential participation of the major insurance companies in promoting offshore care will be the tipping point in the precarious structure that represents the economic currents in health care. Third-party administrators and self-funded employers may be on the cutting edge in 2009 by providing incentives to employees to travel overseas for care.I. Economic ConsiderationsConnell, John. Medical Tourism: Sea, Sun, Sand and... Surgery. Tourism Management 27: 1093–1100, 2006.As evidence of the interest of traditional tour operators in this newer twist on the industry, the author explores medical tourism as an element of the growth of world tourism. In promoting medical tourism, he urges consideration of such issues as the privatization of health care, the foundational role of technology, and uneven access to health resources.Dunn, Philip. Medical Tourism Takes Flight. H and HN: Hospitals and Health Networks: 40–44, November 2007.Writing for U.S. health care executives, Dunn emphasizes that the reality of medical tourism competes with the local medical center for patients and their insurance dollars in a significant way. He examines the possibility that U.S. insurance plans soon may offer to pay for what is currently a cash only business and that the economic impact to the local medical center could be significant or even devastating.Frontiers of Health Services Management [Selected Articles] 24 (2), Winter 2007.In "Managing Healthcare Services in the Global Marketplace" (pp. 3–18), Bruce J. Fried and Dean M. Harris consider legal, ethical, and financial implications of the international workforce. In "Globalization of Health Care" (pp. 19–30), Lynn Schroth and Ruthy Khawahja point out that the transfer of comprehensive management expertise and intellectual property from U.S. medical centers to international sites is driving the success of collaboration between U.S. and foreign health care centers. In "Is... (shrink)

Cross-border reproductive care (CBRC) can be defined as the movement from one jurisdiction to another for medically assisted reproduction (MAR). CBRC raises many ethical concerns that have been addressed extensively. However, the conclusions are still based on scarce evidence even considering the global scale of CBRC. Empirical ethics appears as a way to foster this ethical reflection on CBRC while attuning it with the experiences of its main actors. To better understand the ‘in and out’ situation of CBRC in (...) Canada, we conducted an ethnographic study taking a ‘critically applied ethics’ approach. This article presents a part of the findings of this research, obtained by data triangulation from qualitative analysis of pertinent literature, participant observation in two Canadian fertility clinics and 40 semidirected interviews. Based on participants’ perceptions, four themes emerged: (1) inconsistencies of the Canadian legal framework; (2) autonomy and the necessity to resort to CBRC; (3) safety and the management of CBRC individual risks; and (4) justice and solidarity. The interaction between these four themes highlights the problematic of ‘reproductive outsourcing’ that characterised the Canadian situation, a system where the controversial aspects of MAR are knowingly pushed outside the borders. (shrink)

Travel for reproductive health care has become a widespread global phenomenon. Within the field, the decision to travel to seek third parties to assist with reproduction is widely assumed to be autonomous. However there has been scant research exploring the application of the principle of autonomy to the experience of the cross-border traveller. Seeking to contribute to the growing, but still small, body of sociological bioethics research, this paper maps the application of the ethical principle of autonomy to the (...) lived experience of infertile individuals who cross borders for reproductive care. It examines their choices as patient, consumer and traveller. It suggests that their experience evidences a contradictory autonomy, which offers them both choice and no choice in their final decision to travel. The paper argues that this lack of meaningful autonomy is enabled by a medicalised framework of infertility which prioritises technology as the cure to infertility. This both shapes expectations of infertile individuals and limits their options of family creation. Ultimately, the paper suggests that sociological bioethics research shows that the liberatory credentials of technology should be questioned, and identifies that this field demands greater scholarly attention. (shrink)

This article employs the concept of respectability and the discursive representation of gender equality policies to discuss how surrogacy is represented in Nordic parliamentary debates and policy documents. The article’s objective is to study how respectability, problems and equality are represented and discursively and rhetorically produced through a comparative study of Finnish and Norwegian political discourses on domestic unpaid surrogacy and cross-border commercial surrogacy. The article uses rhetorical and discursive analysis to analyse the Finnish and Norwegian Parliaments’ bills, members’ initiatives (...) and proceedings from 2002 to 2018. Finland’s policy on surrogacy has evolved from an unregulated and permissive approach towards a more restrictive one, with discourses focusing on medicalisation, equality, altruism and safety concerning domestic surrogacy and problems and risks concerning cross-border surrogacy. Norway’s policy on surrogacy has been restrictive consistently, with discourses focusing on surrogacy as a transnational social problem involving exploitation of women and children, and biocentrism. Analysing surrogacy regulation in Nordic welfare states, the author concludes that policies and parliamentary debates in both countries have expressed expectations for inclusive health policies and social security for families. Cross-border surrogacy is characterised as an unwanted consequence of globalisation and marketisation of reproduction. Surrogate mothers’ respectability is constructed through rhetoric on differences in terms of nationality, class and binary representations of female caring and instrumentalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:258 Feminist Studies 47, no. 2. © 2021 by Feminist Studies, Inc. Mei-Hua Chen and Hong-zen Wang Flexible Intimacies in the Global Intimate Economy: Evidence from Taiwan’s Cross-Border Marriages When Lin Ping was interviewed by the first author of this article at a detention center in the southern city of Tainan, Taiwan, in September 2006, she was forty-three. At that time, she had been married to a Taiwanese man (...) for five years and had successfully obtained a permit for employment at a factory, earning NT$27,000 a month for working ten hours a day. However, before having obtained the work permit, Lin managed to find jobs in informal sectors as a cleaner, a care worker, and a stall vendor’s helper, earning NT$15,000 a month. By the time of our interview, Lin had gone to work at a brothel because she could not put up with her husband anymore. Lin’s husband is twenty years older than she is and, as she described their relationship, the huge age gap makes communication between the couple difficult. They fought often and fiercely. During those fights, Lin’s husband would threaten to divorce her and to not renew her application for residency, which would result in her immediate deportation to China. This did happen once when Lin’s husband refused to renew her work permit. As a result, Lin overstayed her visa and lost her job at the factory. Being thus unemployed, Lin had to dip into her savings and risked going into debt. Her dire financial situation caused her anxiety. Losing the regular income provided by her factory job meant not only having nothing to live on but also being unable to send money back home to China. Given that her marriage failed to provide her the work permit she needed, Lin wanted to leave her husband Mei-Hua Chen and Hong-zen Wang 259 and “go out” for her own good. When asked what she thinks of the stigma attached to commercial sex, Lin replied, “I need to be able to feed myself first. But if you don’t have a work permit and a job, it [sex work] is the only way out. So, I thought I would do it.” She continued: “Once I had the money, I would be able to run a small business such as a noodle stall or selling steam dumplings.” Lin Ping’s stories serve to sketch out the interconnectedness between cross-border sex work and cross-border marriage. As her experiences show, cross-border sex work and marriage tend to overlap in certain spheres; however, they are more often than not conceptualized as two separate institutions. Both are grouped under already dichotomized migratory categories such as marriage migrants and economic migrants, real marriage and fake marriage, legal workers and workers without permits, and legal and illegal migrants, etc. Such dichotomization downplays the fact that many marriage migrants, like economic migrants, invest great economic interests in cross-border marriages; it also downplays the fact that migrant sex workers might also be involved in having intimate relationships with someone. Apart from the entanglement of monetary exchange and intimacy, cross-border marriage and cross-border sex work are also parts of a global intimate economy in which the Global North appropriates southern women’s reproductive and intimate labor. Seen in this light, it becomes urgent to theorize how women from the South manage to survive in the global intimate economy by shifting between cross-border marriage and cross-border sex work in the North. Admittedly, such a Global North-and-South framework fits awkwardly when it comes to understanding Taiwan’s situation because economic development is the sole barometer used to define the North and the South, and economically, Taiwan should be in the North camp. Politically, however, due to the majority of nations not recognizing its sovereignty, Taiwan is much more peripheral than most southern countries, let alone China. Therefore, compared to countries in Southeast Asia, Taiwan is economically North but politically South. This semi-peripheral position in the North-South framework, in our view, makes Taiwan a unique case to theorize the global intimate economy. As a tactic... (shrink)

In response to the Eighth Amendment to the Constitution of Ireland, which states that the fetus and the mother have equal rights to life and that nearly all abortions are therefore illegal, many Irish feminists sported luggage tags that read “HEALTHCARE NOT AIRFARE.” The expression—which recently became a popular twitter hashtag for pro‐choice citizens of Ireland leading up to the historic referendum to repeal that abortion ban—refers to the fact that pregnant women from Ireland have long been forced to travel (...) to other European countries in order to legally terminate their pregnancies. In the United States, there is also a deep and challenging relationship between borders and reproductive health. However, that relationship is not understood as clearly as it appears to be in the Irish context. We urgently need to pay careful attention to the interconnections between U.S. border politics and reproductive health care access and to take concrete steps to address resultant injustices. (shrink)

This essay explores a certain kind of uncertainty, a fuzziness, that occurs in inter-religious study where the religions involved both highly prize clarity, truth, and specific commitments. Reading that crosses religious borders creates a body of new insights and even spiritual experiences that neither fit easily into the settled doctrines of traditions nor contest those doctrines by offering new, liberal, or relativizing alternatives. Rather, productive spaces open up wherein spiritual insight and uncertainty go hand in hand, created and accentuated by (...) study, a stubborn fidelity to detail, and the ability to live with incertainty. By way of example, this essay offers an instance from a current study that the author, a Roman Catholic, is undertaking of intensely devotional medieval Hindu poetry, in part read along with passages from the biblical Song of Songs. The uncertainty carefully cultivated in this kind of study is, he argues, beneficial for those who remain committed to doctrinally robust traditions but also engage in the study of other, similarly robust traditions. (shrink)

Schopenhauer is widely recognized as the Western philosopher who has shown the greatest openness to Indian thought and whose own ideas approach most closely to it. This book examines his encounter with important schools of Hindu and Buddhist philosophy and subjects the principal apparent affinities to a careful analysis. Initial chapters describe Schopenhauer’s encounter with Indian thought in the context of the intellectual climate of early nineteenth-century Europe. For the first time, Indian texts and ideas were becoming available and the (...) belief that they could bring about a second Renaissance—an “Oriental Renaissance”—was widespread. Schopenhauer shared in this enthusiasm and for the rest of his life assiduously kept abreast of the new knowledge of India. Principal sections of the book consider the two main pillars of Schopenhauer’s system in relation to broadly comparable ideas found, in the case of Hindu thought, in Advaita Vedānta, and within Buddhism in the Mādhyamika and Yogācāra schools. Schopenhauer’s doctrine of the world as representation, or a flow of impressions appearing in the consciousness of living beings, is first considered. The convergence between this teaching and Indian idealism, especially the doctrine of illusory appearance, has long been recognized. Schopenhauer himself was aware of it, emphasizing that it was the result not of influence but of a remarkable convergence between Eastern and Western thought. This convergence is subjected to a much more detailed examination than has previously been carried out, undertaken in the light of twentieth-century Indology and recent studies of Schopenhauer. The second main pillar of Schopenhauer’s system, the doctrine of the world as will, is then examined and its relationship to Indian thought explored. This section of the work breaks new ground in the study of Schopenhauer, for although the similarity of his ethical and soteriological teaching to that of Indian religions has long been noted the underlying reasons for this have not been grasped. It is demonstrated that they are to be found in hitherto unrecognized affinities, of which Schopenhauer himself was largely unaware, between the metaphysics of the will and Indian ideas relating to karmic impressions, the store-consciousness, the causal body, and śakti as the “force” or “energy” that maintains the existence of the world. Final chapters discuss the controversial and difficult question of the relation of the will to final reality in Schopenhauer’s thought in the light of Indian conceptions, and suggest that the two central pillars of his philosophy may be seen, to a greater extent than previously supposed, as a bridge by which the Eastern and Western traditions of philosophical thought may be brought into a closer and more creative relationship. (shrink)

In his 1947 British Academy lecture on Naturalistic Ethics, Mr. W. F. R. Hardie is concerned to ask himself whether a naturalistic theory of ethics can give a “satisfactory account of our moral knowledge or convictions,” or whether some form of non-naturalism is demanded by our moral experience. It will be remembered that after a careful sifting and examination of certain features of our moral knowledge or convictions, Mr. Hardie suspends judgment between naturalism and non-naturalism, observing that “on the one (...) hand philosophers who start from the ostensible facts of our moral experience and thinking, and are most careful and accurate in their rendering of these facts, have tended to be led to objectivist and anti-naturalistic conclusions. Where they least carry conviction is in the moral epistemology which they assume or defend. When we reflect, with the epistemological issue in mind, on the actual process in ourselves of moral reflection and decision, we are more inclined to sympathize with a ‘moral sentiment’ theory than we ought to be if the rationalists are wholly in the right.” In what follows I wish to consider another feature of our moral experience which Mr. Hardie did not examine in his lecture and which appears to be of considerable importance, namely the situation where, to put it very roughly for the moment, we find ourselves at variance with another person or persons on a moral issue, where, for instance, I hold that a certain course of conduct is right, and the other person or persons hold that it is wrong, or vice versa , and where further we may pursue divergent courses of action accordingly. I wish to ask myself whether the naturalistic commentary on this situation of ethical disagreement is altogether satisfactory when we consider it in the light of “the ostensible facts of our moral experience and thinking,” whether, in fact, to use another phrase of Mr. Hardie's, it squares altogether with “our fundamental moral convictions” in regard to such a situation. The naturalistic commentary with which I am primarily concerned is that which is now sometimes labelled “the emotive theory of ethics,” and is to be found admirably developed, for example, in Professor Stevenson's book Ethics and Language. (shrink)

Schopenhauer is widely recognized as the Western philosopher who has shown the greatest openness to Indian thought and whose own ideas approach most closely to it. This book examines his encounter with important schools of Hindu and Buddhist philosophy and subjects the principal apparent affinities to a careful analysis. Initial chapters describe Schopenhauer’s encounter with Indian thought in the context of the intellectual climate of early nineteenth-century Europe. For the first time, Indian texts and ideas were becoming available and the (...) belief that they could bring about a second Renaissance—an “Oriental Renaissance”—was widespread. Schopenhauer shared in this enthusiasm and for the rest of his life assiduously kept abreast of the new knowledge of India. Principal sections of the book consider the two main pillars of Schopenhauer’s system in relation to broadly comparable ideas found, in the case of Hindu thought, in Advaita Vedānta, and within Buddhism in the Mādhyamika and Yogācāra schools. Schopenhauer’s doctrine of the world as representation, or a flow of impressions appearing in the consciousness of living beings, is first considered. The convergence between this teaching and Indian idealism, especially the doctrine of illusory appearance, has long been recognized. Schopenhauer himself was aware of it, emphasizing that it was the result not of influence but of a remarkable convergence between Eastern and Western thought. This convergence is subjected to a much more detailed examination than has previously been carried out, undertaken in the light of twentieth-century Indology and recent studies of Schopenhauer. The second main pillar of Schopenhauer’s system, the doctrine of the world as will, is then examined and its relationship to Indian thought explored. This section of the work breaks new ground in the study of Schopenhauer, for although the similarity of his ethical and soteriological teaching to that of Indian religions has long been noted the underlying reasons for this have not been grasped. It is demonstrated that they are to be found in hitherto unrecognized affinities, of which Schopenhauer himself was largely unaware, between the metaphysics of the will and Indian ideas relating to karmic impressions, the store-consciousness, the causal body, and śakti as the “force” or “energy” that maintains the existence of the world. Final chapters discuss the controversial and difficult question of the relation of the will to final reality in Schopenhauer’s thought in the light of Indian conceptions, and suggest that the two central pillars of his philosophy may be seen, to a greater extent than previously supposed, as a bridge by which the Eastern and Western traditions of philosophical thought may be brought into a closer and more creative relationship. (shrink)

Transgender and gender diverse (TGD) youth are currently being targeted by global anti-trans legislation that would prevent their access to gender-affirming care even by healthcare providers willing to deliver it and who understand the importance of this support. It has been suggested in some studies that transness in young people is a result of peer contagion. As such their free will, authenticity and autonomy could be brought into question when accessing gender-affirming care. It is important to explore the (...) relevance of these concepts concerning the provision of gender-affirming care to TGD youth by nurses and other healthcare professionals. Nurses should challenge the notion held by some that these young people are not capable of knowing themselves or the level of treatment they require. They can do this by practising gender-affirming care determined by aspirational ethical values of beneficence, non-maleficence, autonomy and justice. (shrink)

If a critique of everyday life is to become a serious undertaking, virtually everything we experience needs to be subjected to careful and critical scrutiny. Even fairy tales. Like so much else in modern culture, these tales may not be as innocuous as they appear. To the extent that the culture industry has appropriated them and uses their motifs to manipulate consciousness or shape behavior, especially in children, fairy tales may be more effective as instruments of social control than one (...) would think. Perhaps for this reason the study of these tales is too important to be left to folklore aficionados or specialists in children's literature. (shrink)

"The fixed person for fixed duties, who in older societies was such a godsend, in the future ill be a public danger." Twenty years ago, a single legal metaphor accurately captured the role that American society accorded to physicians. The physician was "c- tain of the ship." Physicians were in charge of the clinic, the Operating room, and the health care team, responsible - and held accountabl- for all that happened within the scope of their supervision. This grant of (...) responsibility carried with it a corresponding grant of authority; like the ship's captain, the physician was answerable to no one regarding the practice of his art. However compelling the metaphor, few would disagree that the mandate accorded to the medical profession by society is changing. As a result of pressures from a number of diverse directions - including technological advances, the development of new health professionals, changes in health care financing and delivery, the recent emphasis on consumer choice and patients' rights - what our society expects phy- cians to do and to be is different now. The purpose of this volume is to examine and evaluate the conceptual foundations and the moral imp- cations of that difference. Each of the twelve essays of this volume assesses the current and future validity of the "captain of the ship" metaphor from a different perspective. The essays are grouped into four sections. In Section I, Russell Maulitz explores the physician's role historically. (shrink)

The decline of empathy among health professional students, highlighted in the literature on health education, is a concern for medical educators. The evidence suggests that empathy decline is likely to stem more from structural problems in the healthcare system rather than from individual deficits of empathy. In this paper, we argue that a focus on direct empathy development is not effective and possibly detrimental to justice-oriented aims. Drawing on critical and narrative theory, we propose an interpersonal approach to enhance empathic (...) capacities that is centered on constructive and transformative interactions which integrates the participatory arts and involves both patients and health professional students. We describe and evaluate a program where patients and students create collaborative, original songs. Interviews and a focus group revealed interactional processes summarized in four themes: reciprocal relationships, interactions in the community, joint goal, and varied collaboration. There was a significant enhancement of positive attitudes about care post-program amongst health professional students. The interpersonal approach may be a preliminary framework for the medical humanities to shift away from a focus on direct empathy development and further towards participatory, co-creative, and justice-oriented approaches to enhance health and thereby empathic capabilities. (shrink)

The aim of this article is to shed light on women’s experience of informal trade on one of the EU external borders: Belarus–Lithuania. The article suggests looking at the informal economy beyond the notion of precarity and to pay attention to how women themselves understand their involvement in trading practices. The author argues that, although economic necessity is an important motivation for women to start trading activities, this experience rewards them not only financially but also through non-economic aspects such as (...) self-respect, solidarity and socializing. Theoretically, the article brings together the discussion of the gendered nature of informal work with the feminist theory of agency. It shows that women’s experience of informal cross-border trade is agentive. Trade provides women with a sense of pride, self-confidence and respect and enables them to recognize their self-sufficiency. However, it is also argued that agency is not synonymous with autonomy and individualism. Theoretically and empirically, the article stresses a relational understanding of agency. On the one hand, women acknowledge their financial achievements as the capability to take proper care of their children, especially in situations when the second breadwinner is absent. On the other hand, they also value their trading experience as a space of socializing with other women. The success of cross-border trade depends on the sense of solidarity and collective action to resist the system represented by customs and border control. (shrink)

ABSTRACTIn this paper, I explore new perspectives that an ethics of care approach brings to our understanding of, and responses to, poverty and development. Building on the works of care-ethics scholars such as Virginia Held and Fiona Robinson, I argue that an ethics of care approach provides a unique theory-practice nexus that offers alternative concrete ways to tackle human poverty that lends itself to both local and cross-border applications. In addition to providing crucial insights into women’s struggles (...) in varied contexts, such an approach also uses the lens of care to re-envision human securities and vulnerabilities, thereby deserving of greater attention by scholars, practitioners, and institutions in search of effective ethical models of global development. I provide a case-study of Karma Kutir, a women’s development organization based in the city of Kolkata, India, to shed light on context-specific care-centered development practices aimed at alleviating poverty. I show how such practices are highly effective and provide concrete evidence of the value of an ethics of care approach to poverty and women’s development. (shrink)

Human trafficking is both a human rights violation and the fastest growing criminal industry in the world. This article examines cross-border trafficking of girls and women in Nepal to India. It gives a brief explanation of what is meant by trafficking and then looks at the reasons behind trafficking. In Nepal, women and children are trafficked internally and to India and the Middle East for commercial sexual exploitation or forced marriage, as well as to India and within the country for (...) involuntary servitude as child soldiers, domestic servants, circus entertainment, and factory workers. Nepal and India are both signatories to international conventions and bound by domestic law to combat trafficking, and yet, this scourge continues. There are many laws in place, both in Nepal and India, which regulate the trafficking and prostituting of girls and women. This article looks at how effective these laws and regulations actually are and will look at the reasons for the continuation of trafficking. Despite the formal recognition of girl trafficking as a major problem and the existence of laws to curtail it, trafficking continues. The major problem with Nepal’s and India’s domestic laws is in the lack of enforcement. Finally, this article will look at ways to fight trafficking and make the governments of India and Nepal more effective in their fight against trafficking. (shrink)

The essay investigates the possibilities and limitations of cross-denominational, intercultural and inter-religious hospital chaplaincy. With a view to the actual situation of hospital chaplaincy in Germany and the economic, social and theological constraints under which it offers its services, the author concludes, that the different Christian denominations must organizationally cooperate and share their work if such services are to survive the growing pressures. Constructivist cognition theory is invoked for analyzing the hermeneutical and theological implications of inter-denominational, intercultural and inter-religious pastoral (...) care and counselling. A Lutheran interpretation of the Trinitarian dogma provides a foundational frame of reference. (shrink)

In this article, I examine reproductive travel for sex selection with reference to two distinct technologies—MicroSort and preimplantation genetic diagnosis. Available since the 1990s for sex-linked disease avoidance, I focus here on their imbrication in an emerging global form of nonmedical, lifestyle sex selection that elicits movements of information, biomaterial, patients, providers, and equipment across borders. This web of cross-border, interclinical, and laboratory transactions raises issues highly relevant to a feminist approach to the bioethics of sex selection. International documents, however, (...) have yet to account for their implication in an increasingly stratified system of global sex selection practices. (shrink)

The draft Code of Conduct for Research is an important initiative towards assisting the scientific community in complying with the provisions of the Protection of Personal Information Act 4 of 2013 (POPIA). However, its approach towards cross-border data sharing should be reconsidered to clarify the ambiguities inherent in the legal requirements for the cross-border sharing of health data in the POPIA. These ambiguities include the concept of ‘transfer of information’, the application of adequacy as a legal mechanism for transfer, the (...) nature of consent for cross-border sharing and the scope of the recipient third party. We suggest that the draft Code of Conduct for Research can be improved by: Explaining or defining the concept of ‘transfer of information’ and when it applies to cross-border sharing in research Clarifying the application of adequacy as a legal mechanism for transfer vis-à-vis the other alternatives Expanding on the interpretation and application of consent as a legal mechanism for cross-border transfers Expanding the category of persons who may be recipients of personal information in a third country. (shrink)

We examine the effect of the cross-border merger and acquisition (M&A) activities of Chinese firms on their corporate social responsibility (CSR) performance. We find that Chinese acquirers significantly increase CSR performance and CSR spending following cross-border M&As. The legal origins and social norms of host countries are found to positively affect the acquirers’ CSR performance and CSR spending in the post-M&A period. The results are consistent with Chinese acquirers signaling their commitment toward CSR through cross-border M&As to respond to diverse (...) stakeholder demands and strengthen corporate reputation. We also provide evidence that Chinese firms’ knowledge acquisition through cross-border M&As boosts green innovation. In addition, we show that the financial performance of Chinese acquirers does not suffer in the long term, indicating that strategic CSR investments can be integrated with other corporate investment activities. Our study demonstrates how cross-border M&As affect stakeholder value beyond value for shareholders. (shrink)

Crossing Borders: Essays In Honour of Ian H. Angus is a collection of original and cutting-edge essays by eighteen outstanding and diverse Canadian and International scholars that engage with Professor Ian Angus's rich contributions to three distinct, albeit overlapping, fields: Canadian Studies, Phenomenology and Critical Theory, and Communication and Media Studies. These contributions are distinct, unique, and have had resonance across the intellectual landscape over the thirty years that Angus has been teaching communications, philosophy, Canadian Studies, theory, and humanities first (...) in the United States and then in Canada. (shrink)

The 2004 Canadian Assisted Human Reproduction Act bans commercial contract pregnancy and egg provision, but Canadians undertake cross-border reproductive travel to access these services. Feminist bioethicists have argued that the ethical justification for enforcing the ban domestically, namely exploitation, grounds its extraterritorial enforcement. I raise an additional problem when Global Southern or low-income countries are destinations for travel: neocolonialism. Further, I argue that a ban on commercialized reproduction is problematic. Although well-suited to address neocolonial forces of exploitation and commodification, a (...) ban reinforces neocolonialism by paying insufficient attention to the agency of gestational laborers and egg providers. (shrink)

Critical pedagogy is in crisis. To address this crisis, this paper reinvents Paulo Freire’s concept of utopia in and for our age of the Anthropocene. Understood as a system, postdigital critical ut...

As cross-border trade and cross-border financing continue to increase while security rights over tangible property are governed by the law of the place where the moveable is situated, comparative knowledge of national secured transactions law is crucial for everyone using security rights over tangibles in a cross-border context. This book provides an in-depth examination of the key issues that arise when security rights are created, perfected and enforced in different European countries. Authored by experts on German, English, Dutch, French, Belgian, (...) Italian and Spanish law, the national reports use practical cases and highlight differences and similarities. A special focus is placed on the way in which national courts deal with security interests created elsewhere. A comprehensive introductory chapter analyzes significant secured transactions issues, summarises the comparative data and compares them with Art. 9 of the Uniform Commercial Code and suggests guiding principles for a European harmonization measure or national reform efforts. The book will assist market participants and their counsel to better understand secured transactions law and relevant private international law rules of their own and other countries and assist those involved in national, EU and global law reform efforts. (shrink)

This paper discusses cross-border projects and their respective social representations to local groups. We present as a case study the boatmen who pilot their boats between Brazil and France on the construction of the Binational Bridge. Catraieiros are currently responsible for much of the logistics between Amapá and French Guiana. Our theoretical framework is based on the literature on Regional Integration and Social Representation. We applied interviews to one third of the catraieiros. We concluded that in the Subject-Representation-Object relationship, the (...) group that understood itself as responsible for the dialogue between two cities built a negative and threatening representation on the Bridge. (shrink)

Recent decades of women's rights advocacy have produced numerous regional and international agreements for protecting women's security, including a UN convention that affirms the state's responsibility to protect key gender-specific rights, with no exceptions on the basis of culture or religion. At the same time, however, the focus on universal women's rights has enabled influential feminists in the United States to view women's rights in opposition to culture, and most often in opposition to other people's cultures. Not surprisingly, then, feminists (...) across the global South have criticized the universal-women's-rights agenda. This article reviews representative critical responses to universal-women's-rights advocacy. The author argues that, taken collectively, these critical responses do not reject the possibility of cross-cultural feminist advocacy but they do suggest the need for feminists in the United States and Europe to focus less on transferring rights across the obstacles of culture and more on how they can revise and expand their own understanding of women's rights in response to the struggles of other women, many of whom view women's rights as organic to their own cultures and as connected to broader social struggles. (shrink)

The Turkish-language release of Hanne Blank's Virgin: The Untouched History is a politically engaged translation aimed at disrupting Turkey's heteropatriarchal virginity codes. In Virgin Crossing Borders, Emek Ergun maps how she crafted her rendering of the text and draws on her experience and the book's impact to investigate the interventionist power of feminist translation. Ergun's comparative framework reveals translation's potential to facilitate cross-border flows of feminist theories, empower feminist interventions, connect feminist activists across differences and divides, and forge transnational feminist (...) solidarities. As she considers hopeful and woeful pictures of border crossings, Ergun invites readers to revise their views of translation's role in transnational feminism and examine their own potential as ethically and politically responsible agents willing to search for new meanings. Sophisticated and compelling, Virgin Crossing Borders reveals translation's vital role in exchanges of feminist theories, stories, and knowledge. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Crossing Borders: Love between Women in Medieval French and Arabic LiteraturesCary Howie (bio)Sahar Amer, Crossing Borders: Love between Women in Medieval French and Arabic Literatures. Philadelphia: U of Pennsylvania P, 2008, xii + 254 pp.Sahar Amer’s Crossing Borders adds to the expanding bibliography on medieval sexualities by showing the resonances between certain female same-sex relationships in medieval French literature and analogous, though generally more explicit, relationships between women (...) in the medieval Arabic tradition. In the process, sexuality becomes a way of talking about the porous boundaries that constitute the field of Old French, and perhaps even Western, literature as such.Amer’s book couldn’t have arrived at a better time, as Sarkozy’s French government once again, in the name of French values, intervenes in the debates around religion and clothing in the public sphere, debates in which the old divides between France and its constitutive others—in this case, certain kinds of Islam and certain kinds of women— have once again come to the fore. By proposing that “medieval French writing is essentially a hybrid, cross-cultural project” (163), Amer contributes not just to the emerging sense of the Middle Ages’ postcoloniality (as articulated by Jeffrey Jerome Cohen and Sharon Kinoshita, among others) but also to the work being done by intellectual historians and cultural theorists such as Joan Scott and Diane Rubenstein on the fantastic investments that take place within and around French universalism (which could be said to inform the idea of the literary no less than the idea of the citizen).Crossing Borders begins with the notion of borders as “fluid spaces of cultural exchange, adaptation, and collaboration” (ix), and it is the emphasis on a more general sense of cultural exchange, more than the fact of borders per se, that will permeate the chapters that follow. (In fact, the border, like “the lesbian,” Amer’s polemical term of choice for the women she describes, may be important for her argument precisely insofar as it resists visibility, as it remains to some extent difficult to locate.) Amer’s reading of Old French texts, in dialogue with a handful of medieval Arabic narratives and erotic compilations, proceeds from an understanding of medieval culture in which there is “a continuity rather than a rupture between medieval and modern conceptions of alternative [End Page 156] sexualities” (9), and in which it is possible to argue for influences that are tough, if not impossible, to trace empirically. According to this logic, ideas and stories may have circulated “next to” more tangible material goods taken to and from the Arab Islamicate world (13), and French authors may have “culled some elements from Arabic material and wove[n] them into a literary fabric to suit their audience’s sensibilities” (163). This attentiveness to what “may have” happened (e.g., 44, 110) is one of the signature gestures of Amer’s critical poetics, which I am tempted to describe as an imaginative historicism, committed at once to the explanatory power of historical context and to what Amer will repeatedly call the “imagination of the audience” (e.g., 79).After an initial chapter outlining this “cross-cultural” poetics of contextualization and imaginative investment, chapter 2, “Crossing Linguistic Borders,” is dedicated to seven stanzas of a late twelfth-century poem, Étienne de Fougères’s Livre des manières, in which a long description is given of women who go “against Nature” by “join[ing] shield to shield without a lance” (32). Amer reads these military metaphors for female homoeroticism in light of Arabic sources including, for example, al-Jurjani’s eleventh-century Anthology of Metonymic Devices, in which one of the cited commonplaces observes, “They [lesbians] manifest a war in which there is no spear-thrusting” (36). Most provocatively, Amer argues for the Arabic provenance of two otherwise untranslatable words in Étienne’s text, “trutennes,” which she traces to an Arabic root meaning “the mons of the beloved” (40), and “eu,” which she interprets as an orgasmic onomatopoeia. From mons to moans, the “medieval French literary lesbian” is a condensation of forms and fantasies—and noises—that come from before and beyond medieval France. In fact, the... (shrink)

When conducting interart studies, difficulty arises comparing art forms due to differences in discourse between genres. The problem becomes compounded when certain art works extend their mode of communication beyond the boundaries of their genre. Interpreting such works tends to result in subjectivist readings that cannot be justified according to any predetermined analytical model. Rather than negating the subjective response, this article proposes that an artwork is realized within the mind. In examining critical responses to Caravaggio’s painting ‘Beheading of St. (...) John the Baptist’ and Beckett’s play ‘Not I’ according to a cognitive aesthetic, one discovers a rationale for considering the painting as stimulating a feeling of motion while the play evokes a feeling of stasis, contrary to their respective genres. (shrink)

RESUMO: No centro da filosofia de Kwame A. Appiah encontra-se a questão da identidade. Partindo do conceito da liberdade de Mill, ele considera a criação de uma identidade pessoal, no sentido de individualidade particular, uma tarefa permanente - como projeto individual. Nesse contexto, os planos de vida não devem ser concebidos como genericamente rigorosos, mas sim incoerentes e muitas vezes mutantes. Com isso, a identidade não se deve entender como algo fixo e cerrado, porém, como uma espécie de mosaico de (...) vários elementos que se encontram em reprogramação contínua - como formação híbrida. A construção da identidade encerra a narração de histórias de vida, tanto individual como coletiva. Os respectivos elementos podem recorrer a diferentes experiências transculturais, consoante a história coletiva e a história de vida do indivíduo. Assim, a transculturalidade é importante, não só para identidades coletivas, como também sempre em nível de identidade pessoal. O filósofo africano Achille Mbembe alude ao nomadismo do ser humano e à imersão e dispersão culturais associadas que se deixam ler como processos da transculturalidade. Na arte africana contemporânea, esses processos da formação da identidade refletem-se no transcultural. Como exemplos, devem ser apresentados os artistas Edson Chagas, Kehinde Wiley, Yinka Shonibare e Romuald Hazoumè, com obras selecionadas.ABSTRACT: The issue of identity is at the heart of Kwame Appiah's philosophy. Taking Mill's concept of liberty as his starting point, he views the development of a personal identity in the sense of a particular individuality as an ongoing task - as an individual project. In this context, life plans should not be understood as strictly linear but rather as disparate and continuously changing. Identity is thus not something which is fixed and closed but rather similar to a mosaic, consisting of various elements which are always shifting - a hybrid entity. The construction of identity includes the telling of life stories, both of a collective and of a personal nature. When doing so, each element may refer to diverse, transcultural experiences in keeping with the history of the collective and the life story of the individual. Transculturality is thus of significance not only for collective identities but also always on the level of personal identity. The African philosopher Achille Mbembe speaks of human nomadism and the associated cultural immersion and dispersion, which can be interpreted as transcultural processes. These processes of identity formation are reflected in the transculturality of contemporary African art. Selected works of artists Edson Chargas, Kehinde Wiley, Yinka Shonibare and Romuald Hazoumè will be presented as examples of this. (shrink)

Receivables transactions play an important role in modern national economies. Cross-Border Security over Receivables, which studies the law of seven European nations, provides an in-depth examination of the key substantive law issues, as well as a detailed examination of the private international law issues, particularly, the third party effects of assignments. National reports use practical cases to explore the issues and to highlight differences and similarities. The book will assist market participants and their counsel to better understand the rules of (...) their own countries and those of other countries. It will be of great value to academics in the private, comparative, and private international law fields and will assist those involved in national, EU and global reform efforts. (shrink)

Arabic scholarship and literature flourished during the Mamlūk period, and scholars and students from across the Muslim world were drawn to Cairo and Damascus. This led to opportunities for travel, education, and employment, yet these opportunities were available almost exclusively to men. In Syria and Egypt, and most of the medieval world, women’s involvement in travel, education, and public life, was often restricted. However, there were exceptions, including the prolific writer and poet ʿĀʾisha al-Bāʿūniyya (d. 1517). As a woman, she (...) crossed a number of social and cultural borders in order to enter into the domain of religious scholarship and literary production. Drawing from historical and biographical sources, and especially from ʿĀʾisha al-Bāʿūniyya’s writings, I examine her social and intellectual background, her travels and scholarly interactions in order to highlight some of the social trends and intellectual forces at work in the late Mamlūk period. (shrink)

This paper examines the situation of rurally rooted cross-border migrant workers from Myanmar during the Covid-19 pandemic. It looks at the circumstances of the migrants prior to the global health emergency, before exploring possibilities for a post-pandemic future for this stratum of the working people by raising critical questions addressed to agrarian movements. It does this by focusing on the nature and dynamics of the nexus of land and labour in the context of production and social reproduction, a view that (...) in the context of rurally rooted cross-border migrant workers necessarily requires interrelated perspectives on labour, agrarian, and food justice struggles. This requires a rethinking of the role of land, not as a factor in either production or social reproduction, but as a central component in both spheres simultaneously. The question is not ‘whether’ it is necessary and desirable to forge multi-class coalitions and struggles against external capital, while not losing sight of the exploitative relations within rural communities and the household; rather, the question is ‘how’ to achieve this. It will require a messy recursive process, going back and forth between theoretical exploration and practical politics. (shrink)