Gentzen’s classical sequent calculus has explicit structural rules for contraction and weakening. They can be absorbed by replacing the axiom P,¬P by Γ,P,¬P for any context Γ, and replacing the original disjunction rule with Γ,A,B implies Γ,AB.This paper presents a classical sequent calculus which is also free of contraction and weakening, but more symmetrically: both contraction and weakening are absorbed into conjunction, leaving the axiom rule intact. It uses a blended conjunction rule, combining the standard context-sharing and context-splitting rules: Γ,Δ,A (...) and Γ,Σ,B implies Γ,Δ,Σ,AB. We refer to this system as minimal sequent calculus.We prove a minimality theorem for the propositional fragment : any propositional sequent calculus S is complete if and only if S contains. Thus one can view as a minimal complete core of Gentzen’s. (shrink)

Introduction -- "Every Legitimate Government is Republican": Rousseau's Debt to and Departure from Montesquieu on Republicanism -- What if There is no Legislator? Rousseau's History of the Government of Geneva -- Rousseau's Republican Citizenship: The Moral Psychology of The Social Contract -- Rousseau's negative liberty: Themes of domination and skepticism in The Social Contract -- Rousseau's Ancient Ends of Legislation: Liberty, Equality (& Fraternity) -- Property and Possession in Rousseau's Social Contract -- Political Equality Among Unequals (...) -- On the Primacy of Peoplehood: Nations and Nationalism in Rousseau's Social Contract -- Rousseau on Voting and Electoral Laws -- Rousseau and the puzzle of the Roman Republic -- Rousseau's Case against Democracy -- Rousseau's Dilemma or "Of Civil Religion" -- Entreating the Political: Politics and Theology in Rousseau's Social Contract -- Civil Religion and Political Unity: Social Contract 4.8. (shrink)

An Amnesty International briefing, published in July 2020, highlights the grave risks health workers are facing globally, particularly in the face of the COVID-19 pandemic.1 The report uses data from 63 countries across the world from January to June 2020 and is rich with examples. While recognising that information about the pandemic is constantly evolving, and each country is in a separate phase of the outbreak, Amnesty International draws attention to several troubling trends. By virtue of the role undertaken by (...) health workers, they face a greater exposure to COVID-19, which has contributed to many of the concerns they now deal with. The briefing notes the evidence of the higher death rate from health workers compared with the general population in countries ranging from Denmark to Argentina, while also pointing out the significantly higher death rate in BAME health workers raised by the BMA in the UK.2 PPE shortages had been reported in nearly all of the 63 countries analysed. Many health workers globally stated that they had to buy their own PPE and others described cases of ‘improvisation’, when suitable PPE was not available, such as using bin bags or raincoats. Furthermore, health workers in several countries had experienced increases in workload with formal measures to extend health workers’ contracted hours passed in some countries as well as further changes to their terms and conditions of service. There were also reports of increased mental stress, particularly from those working in ICUs; the increased work and stress is not being matched with suitable compensation or remuneration. Despite many countries passing special benefits for health workers, it was commonly stated that these benefits had not been received yet or that they did not apply to all health workers, with cleaners and other lower-paid yet vital roles excluded. Deeply concerning …. (shrink)

We provide ethical criteria to establish when vaccine mandates for healthcare workers are ethically justifiable. The relevant criteria are the utility of the vaccine for healthcare workers, the utility for patients (both in terms of prevention of transmission of infection and reduction in staff shortage), and the existence of less restrictive alternatives that can achieve comparable benefits. Healthcare workers have professional obligations to promote the interests of patients that entail exposure to greater risks or infringement of autonomy than ordinary members (...) of the public. Thus, we argue that when vaccine mandates are justified on the basis of these criteria, they are not unfairly discriminatory and the level of coercion they involve is ethically acceptable—and indeed comparable to that already accepted in healthcare employment contracts. Such mandates might be justified even when general population mandates are not. Our conclusion is that, given current evidence, those ethical criteria justify mandates for influenza vaccination, but not COVID-19 vaccination, for healthcare workers. We extend our arguments to other vaccines. (shrink)

BackgroundIn the early stages of the COVID-19 pandemic, many health systems, including those in the UK, developed triage guidelines to manage severe shortages of ventilators. At present, there is an insufficient understanding of how the public views these guidelines, and little evidence on which features of a patient the public believe should and should not be considered in ventilator triage.MethodsTwo surveys were conducted with representative UK samples. In the first survey, 525 participants were asked in an open-ended format to provide (...) features they thought should and should not be considered in allocating ventilators for COVID-19 patients when not enough ventilators are available. In the second survey, 505 participants were presented with 30 features identified from the first study, and were asked if these features should count in favour of a patient with the feature getting a ventilator, count against the patient, or neither. Statistical tests were conducted to determine if a feature was generally considered by participants as morally relevant and whether its mean was non-neutral.ResultsIn Survey 1, the features of a patient most frequently cited as being morally relevant to determining who would receive access to ventilators were age, general health, prospect of recovery, having dependents, and the severity of COVID symptoms. The features most frequently cited as being morally irrelevant to determining who would receive access to ventilators are race, gender, economic status, religion, social status, age, sexual orientation, and career. In Survey 2, the top three features that participants thought should count in favour of receiving a ventilator were pregnancy, having a chance of dying soon, and having waited for a long time. The top three features that participants thought should count against a patient receiving a ventilator were having committed violent crimes in the past, having unnecessarily engaged in activities with a high risk of COVID-19 infection, and a low chance of survival.ConclusionsThe public generally agreed with existing UK guidelines that allocate ventilators according to medical benefits and that aim to avoid discrimination based on demographic features such as race and gender. However, many participants expressed potentially non-utilitarian concerns, such as inclining to deprioritise ventilator allocation to those who had a criminal history or who contracted the virus by needlessly engaging in high-risk activities. (shrink)

In a world with limited resources, allocation of resources to certain individuals and conditions inevitably means fewer resources allocated to other individuals and conditions. Should a patient's personal responsibility be relevant to decisions regarding allocation? In this project we combine the normative and the descriptive, conducting an empirical bioethical examination of how both Norwegian and British doctors think about principles of responsibility in allocating scarce healthcare resources. A large proportion of doctors in both countries supported including responsibility for illness in (...) prioritization decisions. This finding was more prominent in zero‐sum scenarios where allocation to one patient means that another patient is denied treatment. There was most support for incorporating prospective responsibility (through patient contracts), and low support for integrating responsibility into co‐payments (i.e. through requiring responsible patients to pay part of the costs of treatment). Finally, some behaviours were considered more appropriate grounds for deprioritization (smoking, alcohol, drug use)—potentially because of the certainty of impact and direct link to ill health. In zero‐sum situations, prognosis also influenced prioritization (but did not outweigh responsibility). Ethical implications are discussed. We argue that the role that responsibility constructs appear to play in doctors' decisions indicates a needs for more nuanced—and clear—policy. Such policy should account for the distinctions we draw between responsibility‐sensitive and prognostic justifications for deprioritization. (shrink)

_Contract and Domination_ offers a bold challenge to contemporary contract theory, arguing that it should either be fundamentally rethought or abandoned altogether. Since the publication of John Rawls's _A Theory of Justice_, contract theory has once again become central to the Western political tradition. But gender justice is neglected and racial justice almost completely ignored. Carole Pateman and Charles Mills's earlier books, _The Sexual Contract_ and _The Racial Contract_, offered devastating critiques of gender and racial domination and (...) the contemporary contract tradition's silence on them. Both books have become classics of revisionist radical democratic political theory. Now Pateman and Mills are collaborating for the first time in an interdisciplinary volume, drawing on their insights from political science and philosophy. They are building on but going beyond their earlier work to bring the sexual and racial contracts together. In _Contract and Domination_, Pateman and Mills discuss their differences about contract theory and whether it has a useful future, excavate the settler contract that created new civil societies in North America and Australia, argue via a non-ideal contract for reparations to black Americans, confront the evasions of contemporary contract theorists, explore the intersections of gender and race and the global sexual-racial contract, and reply to their critics. This iconoclastic book throws the gauntlet down to mainstream white male contract theory. It is vital reading for anyone with an interest in political theory and political philosophy, and the systems of male and racial domination. (shrink)

_Contract and Domination _offers a bold challenge to contemporary contract theory, arguing that it should either be fundamentally rethought or abandoned altogether. Since the publication of John Rawls's _A Theory of Justice_, contract theory has once again become central to the Western political tradition. But gender justice is neglected and racial justice almost completely ignored. Carole Pateman and Charles Mills's earlier books, _The Sexual Contract _ and _The Racial Contract _, offered devastating critiques of gender (...) and racial domination and the contemporary contract tradition's silence on them. Both books have become classics of revisionist radical democratic political theory. Now Pateman and Mills are collaborating for the first time in an interdisciplinary volume, drawing on their insights from political science and philosophy. They are building on but going beyond their earlier work to bring the sexual and racial contracts together. In _Contract and Domination_, Pateman and Mills discuss their differences about contract theory and whether it has a useful future, excavate the settler contract that created new civil societies in North America and Australia, argue via a non-ideal contract for reparations to black Americans, confront the evasions of contemporary contract theorists, explore the intersections of gender and race and the global sexual-racial contract, and reply to their critics. This iconoclastic book throws the gauntlet down to mainstream white male contract theory. It is vital reading for anyone with an interest in political theory and political philosophy, and the systems of male and racial domination. (shrink)

The social contract tradition has been critiqued for harboring ‘domination contracts’ that exclude women, people of color, people with disabilities, and others from political life. In this article, I build on these critical analyses to argue that the liberal ideal of the reasoning and speaking citizen entails the anti-democratic disqualification of ‘silent’ citizens such as young children and many peoples with intellectual disabilities. The liberal veneration of voice and the corollary vilification of silence represent the internal logic of (...) all domination contracts, since it is by comparison to silent children and peoples with disabilities that groups such as women and people of color are viewed as justifiably excluded. I identify two distinct but interacting forms of liberal disqualification: (1) contingent domination contracts, which can be potentially disputed and temporarily resolved by proving a group’s fulfilment of the qualifications of speech and reason; and (2) structural domination contracts, which cannot be resolved for ‘silent’ citizens. Moreover, any viable challenge to a contingent domination contract must centre on the democratic inclusion of silent citizens, which itself will require the reconceptualization and redesign of political processes, as well as workplaces, economies, and other social institutions. (shrink)

In my dissertation, I argue that the enterprise of corrective justice requires answering questions about what is unjust and how we ought to set and pursue corrective justice goals. To answer these questions in a way that will allow us to correct for the persistent and entrenched injustices which result from processes of stratification in our society, I’ll put forward a two-tiered social contract theory, which will allow us to approach these questions in a way that will capture the (...) agreement we can have and allow us to structure the persistent disagreement that we cannot and ought not avoid. In the first tier—the cooperative position—the parties know only that they’re in what I’m calling the ten circumstances of cooperation—the circumstances in which modern cooperation takes place. These circumstances includes the social complexity and opacity inherent in complex cooperative arrangements which have epistemic effects on our social cognition in ways that make our view of our social arrangements at best partial, and work to obscure important features of our social reality, especially those affecting those at the bottom of our stratified social relations. This tier generates four cooperative ideals—proficient rationality, democratic equality, social understanding, and dignity—that function as a theory of justice which can gain an overlapping consensus in society but still allow for meaningful disagreement to take place. In the second tier—the corrective position—the parties have access to the circumstances of cooperation, four cooperative ideals, and a general and specific domination contract. These domination contracts model how stratified social relations operate to constrain people within social systems, including the ways that people think about those systems. I argue that the parties would affirm a principle of corrective justice as involving coalitions of differently-situated actors working together over time to dismantle unjust mechanisms, and five desiderata for applying that principle to circumstances as we confront them. They would do so because that is the only way to overcome the practical and epistemic barriers put in place by the domination contracts. (shrink)

Pateman challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers. The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus men's (...) patriarchal right over women is also glossed over. No attention is paid to the problems that arise when women are excluded from the original contract but incorporated into the new contractual order. One of the main targets of the book is those who try to turn contractarian theory to progressive use, and a major thesis of the book is that this is not possible. Thus those feminists who have looked to a more "proper" contract- one between genuinely equal partners, or one entered into without any coercion- are misleading themselves. In the author's words, "In contract theory universal freedom is always a hypothesis, a story, a political fiction. Contract always generates political right in the forms of domination and subordination." Thus the book is also aimed at mainstream political theorists, and socialist and other critics of contract theory. The author offers a sweeping challenge to conventional understandings- of both left and right- of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract, and the new surrogate mother contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract, and the relation between the sexes, she is able to shed new light on fundamental political problems of freedom and subordination. (shrink)

Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we reunite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worker protections would (...) indeed be better regulated by—and relegated to—employment and labor law. But contract law is not what contract theorists claim. Neither is contract law what the dominant employment theorists fear—a domain that necessarily misses the constitutive place of work in people’s life-plans and overlooks the systemic vulnerability of workers to their employers. Contract, we contend, is not work law’s canonical “other.” Rightly understood, contract is an autonomy-enhancing device, one founded on the fundamental liberal commitment of reciprocal respect for self-determination. From this “choice theory” perspective, the presumed opposition between employment and contract law dissolves. We show that many employment law doctrines are not external to contract, but are instead entailed in liberal contract itself. Grounding worker protections in contract theory has two salutary effects. First, it offers workers more secure protection than that afforded by their reliance on momentary public-law compromises. Second, it reveals contract’s emancipatory potential for all of us—not just as workers, but also as widget buyers. Contract can empower, and employment can show the way. (shrink)

Contract is the dominant model for political philosophy's understanding of government grounded on the consent of the governed. However, there are at least five disabilities attached to classical social contract theory: the grounding contract never actually occurred; its provisions are vague and contestable; the stringency of the obligation thereby established is dubious; trans-generational consent is questionable; interpretive methods for giving effect to the contract are ill-specified. By contrast, the biblical story of the covenant Israel embraces at (...) Sinai is shown to be more adequately attentive to each of these five desiderata. The essay then focuses on the U.S. Constitution, arguing that in many ways it is more reflective of covenantal legitimating themes than those of social contract. The result is a promisingly different mode of understanding government by the consent of the governed. (shrink)

The exploitation of human by human is a globally pervasive phenomenon. Slavery, serfdom, and the patriarchy are part of its lineage. Guest and sex workers, commercial surrogacy, precarious labour contracts, sweatshops, and markets in blood, vaccines or human organs, are some contemporary manifestations of exploitation. What makes these exploitative transactions unjust? And is capitalism inherently exploitative? This book offers answers to these two questions. In response to the first question, it argues that exploitation is a form of domination, self-enrichment (...) through the domination of others. On the domination view, exploitation complaints are not, fundamentally, about harm, coercion or unfairness. Rather, they are about who serves whom and why. Exploitation, in a word, is a dividend of servitude: the dividend the powerful extract from the servitude of the vulnerable. In response to the second question, the book argues that this servitude is inherent to capitalist relations between consenting adults; capital just is monetary title to control over the labour capacity of others. It follows that capitalism, the mode of production where capital predominates, is an inherently unjust social structure. (shrink)

White supremacy is the unnamed political system that has made the modern world what it is today. You will not find this term in introductory, or even advanced, texts in political theory. A standard undergraduate philosophy course will start off with plato and Aristotle, perhaps say something about Augustine, Aquinas, and Machiavelli, move on to Hobbes, Locke, Mill, and Marx, and then wind up with Rawls and Nozick. It will introduce you to notions of aristocracy, democracy, absolutism, liberalism, representative government, (...) socialism, welfare capitalism, andlibertarianism. But though it covers more than two thousand years of Western political thought and runs the ostensible gamut of political systems, there will be no mention of the basic political system that has shaped the world for the past several hundred years. And this omission is not accidental. Rather, it reflects the fact that standard textbooks and courses have for the most part been written and designed by whites, who take their racial privilege so much for granted that they do not even see it as political, as a form of domination. Ironically, the most important political system of recent global history-the system of domination by which white people have historically ruled over and, in certain important ways, continue to rule over nonwhite people-is not seen as a political system at all. It is just taken for granted; it is the background against which other systems, which we are to see as political are highlighted. This book is an attempt to redirect your vision, to make you see what, in a sense, has been there all along. (shrink)

This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- (...) and race-based labour relations. Because the ideal of civic equality must position all persons as co-legislators of the terms of political rule, the state must dismantle exploitive race- and gender-based labour relations for all persons to command political power as civic equals. (shrink)

Hegel’s Philosophy of Law deals in theLaw section of the categories: person, property and contract. Research critically reconstructs this theory from a Marxist perspective. In the concept of person, first of all, the singular will is reduced to a solipsist will unrelated to intersubjectivity. Then, the concept of Hegelian property bases the private appropriation of property as the externalization of the singular will. This legal property guarantees the maintenance and reproduction of private property, that is, it will guarantee the (...) private accumulation of capital, Marx will say. Anyway, the theory of the contract would link the autonomy of the contracting wills, however, it is a mere appearance, because, in fact, the owners’ wills are under the domination of the capitalist market, as it is explained in Marx’s Capital. The theoretical deficit of Hegel’s Philosophy of Law in general is that the legal concepts of person and property correspond to the abstract will. Hegel describes the juridical description of the legal system of the modern state as the development of free will that legitimizes the asymmetry of civil society in its socioeconomic inequalities. (shrink)

Originally published in 1979. Adultery is a dominant feature in chivalric literature; it becomes a major concern in Shakespeare's last plays; and it forms the central plot of novels from Anna Karenina to Couples. Tony Tanner proposes that transgressions of the marriage contract take on a special significance in the "bourgeois novels" of the eighteenth and nineteenth centuries. His interpretation begins with the general topic of adultery in literature and then zeroes in on three works—Rousseau's La Nouvelle Héloïse, Goethe's (...) Die Wahlverwandtschaften, and Flaubert's Madame Bovary. His interpretation encompasses the role of women, the structure of the family, social mores, and the history of sexuality. (shrink)

The republican project of freedom as non-domination commits the State to endowing citizens with the resources and attitudes necessary to both apprehend domination and abstain from dominating others. This, some have argued, renders it incompatible with political liberalism, which eschews the promotion of personal liberal virtues, being derived independently of any 'comprehensive doctrine'. Republican freedom is therefore depicted as penetrating deeper, in its application, into intimate and 'private' spheres. I argue, through a Rousseauist interpretation of Rawls's social (...) class='Hi'>contract, that its 'political' stricture need not, however, preclude any socially transformative, emancipatory role. Thus, the promotion of freedom as non-domination is compatible with the 'modelled constraints' of Rawls's original position. Far from transgressing the 'political' limits of State power, the goods associated with non-domination may instead be seen as necessary to the realisation of 'moral personality'—independently of the 'final ends' for which it may be exercised. (shrink)

From 1922 to 1924, the Iroquois Confederacy — a federal union of six aboriginal nations — sought resolution of a dispute between themselves and Canada at the League of Nations. In this paper, the historical events of the 1920s League are employed as a case study to explore the development of the international society of states in the early 20th century as it relates to the indigenous peoples of North America. Specifically, it will be argued that the early modern practice (...) of excluding Amerindians from international political forums is related to the negative representation of indigenous peoples in the dominant theoretical discourse of the time: social contract theory. The diplomatic activities of the Iroquois, and the members of the League during this time period, demonstrate exactly how social contract theory has relied on presenting indigenous peoples as residing in a non-political and non-sovereign form, thus denying them the right to participate at the international level on par with other peoples. (shrink)

Although contract sugarcane farming is the most dominant and popular land use among farmers in Nzoia Sugarbelt, results from a 2007 study suggests that the intended goal of increasing farmers’ incomes seems to have failed. With a mean monthly income of Kenya Shillings 723 (US $ 10) from an average cane acreage of 0.38 hectares, it would be difficult for a household of eight family members to meet their basic needs and lead a decent life. Analysis of farmer statements (...) showed that up to 86% of the changes in net income were significantly determined by six cost variables as a group (i.e., acreage, tillage costs, seedcane costs, transport costs, yield, and farmer’s education level). Area under sugarcane had the greatest influence on net income whereby an increase in one hectare under cane would result in an increase of Kenya Shillings 110,427 in net income (per crop cycle of 21 months), holding other variables constant. This translates into Kenya shillings 5,258 per month (or 175 per day per household, or for a family of eight people—KES 22 or US $ 0.3) per member, which is far below the international standard of absolute poverty. Key net income depressors were tillage, seedcane, and transportation costs, all of which were determined by the company with no input from farmers. To bridge income gaps between the company and farmers in favor of sustainable community livelihoods, this paper argues strongly for the need to institutionalize Corporate Social Responsibility within the daily operations of the company particularly to address net-income depressors. Ten key building blocks for such a policy for Nzoia Sugar Company are suggested, based on farmers’ responses and ethical considerations. (shrink)

Some recent works have suggested that the relationship between human beings and domesticated animals might be described as contractual. This paper explores how the idea of such an animal contract might relate to key characteristics of social contract theory, in particular to issues of the change in state from 'nature' to 'culture'; to free consent and irrevocability; and to the benefits and losses to animals which might follow from such a contract. The paper concludes that there are (...) important dissimilarities between a domesticated animal contract and other theories of social contract; and that contract language may be used to legitimate relationships of domination over domesticated animals. (shrink)

Alan Reynolds: This paper is divided into three sections. First, I describe the wide plurality of views on issues of animal ethics, showing that our disagreements here are deep and profound. This fact of reasonable pluralism about animal ethics presents a political problem. According to the dominant liberal tradition of political philosophy, it is impermissible for one faction of people to impose its values upon another faction of people who reasonably reject those values. Instead, we are obligated to justify our (...) political actions to each other using reasons that everyone can accept. Thus, in the second section I suggest that our condition of reasonable pluralism inspires us to turn toward some form of contractarianism. The social contract tradition emerged precisely as an attempt to think about how a society characterized by deep moral disagreement could nonetheless agree about the basic principles of justice. I will show, in this section, that although the social contract tradition would seem to contain the best tools for thinking about how to deal with moral disagreement, it fails to help us think through the important issues of animal ethics. In the concluding section, I suggest some ways in which political philosophy might move beyond contractarianism when thinking about this issue, including embracing an agonistic style of politics. -/- Cet article est divisé en trois sections. Tout d’abord, je décris la grande pluralité des opinions existant sur les questions de l’éthique animale, montrant que nos désaccords sur le sujet sont profonds. Cette réalité du pluralisme raisonnable en matière d’éthique animale pose un problème politique. Selon la tradition libérale dominante de la philosophie politique, une faction de personnes ne peut imposer ses valeurs à une autre faction qui rejette raisonnablement ces valeurs. Au lieu de cela, nous sommes obligés de justifier nos actions politiques en utilisant des raisons que tout le monde peut accepter. Ainsi, dans la seconde section, je suggère que notre condition de pluralisme raisonnable nous mène à une forme de contractualisme. La tradition du contrat social est justement apparue comme une tentative de réfléchir à la façon dont une société caractérisée par un profond désaccord moral peut néanmoins s’entendre sur les principes fondamentaux de la justice. Dans cette section, je montre que, bien que la tradition du contrat social semble offrir les meilleurs outils pour définir la manière de traiter le désaccord moral, elle ne parvient pas à nous aider à réfléchir aux questions essentielles de l’éthique animale. Dans la dernière section, je suggère quelques façons susceptibles de permettre à la philosophie politique de dépasser le contractualisme dans sa réflexion sur cette question, ceci comprenant l’adoption d’un style de politique agonistique. (shrink)

The central or dominant intellectual model which provided the structure of social and political thought in the 18th century was the "social contract". Both hume and kant felt obliged to assess it carefully-Hume coming out an opponent and kant a supporter of the model. This opposition is particularly interesting for the following reason: hume's attack on social contract theory is directed primarily against hobbes and locke, And it is interesting to see if post-Humean social contract theories (especially (...) kant's and that of our own contemporary john rawls) succeed in avoiding his very powerful objections to this line of thought. (shrink)

Social contracts are the mechanisms by which society legitimizes professions and grants them authority and autonomy to carry out their functions. The nursing profession is currently renegotiating its contract with society in a manner which clearly reflects a change from physician dominance, and emphasis on illness care to increased independent and autonomous functioning within a newly developing framework of nursing science which emphasizes health care. In return for their services, nurses are also negotiating for those benefits which historically they (...) have not received. These include legitimization of their newly acquired autonomous role functions, and adequate reimbursement mechanisms and structures. When the contemporary role of the nurse is fully legitimzed, the impact on contemporary society and health care is likely to be enormous. (shrink)

This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading essentialist and other monist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract law. Instead, it argues, a critical discourse theory of (...) class='Hi'>contract can contribute to the realisation of the right to justification of contract by exposing patterns of contractual injustice, in particular exploitation and domination by contract, that contract law can and should prevent. (shrink)

The rights granted to individuals by the legal system are examined with a fundamental distinction as regards their economic value as "property rights" and "personal rights". Property rights, which differ from personal rights in terms of their economic value, are characterized as ‘absolute’ if they can be asserted against everyone and as ‘relative’ if they can only be claimed against the convict on behalf of the debtor. If absolute property rights are based on a tangible (physical) subject, they are referred (...) to as real rights. Real rights and rights of claim that have relative characteristics and can therefore only be used through the act of a specific person constitute two important components of a property. Although various attempts have been made to bring these two types of rights closer together in the historical process, these rights have continued to be considered different in terms of both nature and legal implications. The aforementioned difference arises from the form of dominance over the subject of the right, whether it is direct or indirect, the impact of these rights on the ownership of the property, whether the right is absolute or relative, whether it is continuous or not, and priority/superiority, which will be discussed in detail in the article. The conceptual framework and terms belonging to the Continental European legal system are also found in Islamic legal doctrine in similar or equivalent forms. In this context, the term "milk" has been used in the fiqh literature to encompass all property rights, and terms such as "milk al-ayn," "milk al-manfaa," "milk al-dayn," and "milk al-habs wal-yad" have been developed depending on the nature of the property subject to the right. Real rights and personal rights constitute two important parts of the asset. In some cases where legal interests between people are confronted, it may be necessary to choose between these two types of rights. In such cases, considering the authorities it contains, a kind of priority has been given to real rights over personal rights. One of the cases where this priority is most clearly seen is when a leased property is transferred to third parties while the current lease agreement is in effect. In Islamic law, the authorities granted to the person by the lease contract differ from the Continental European legal system. At this point, the powers granted by the lease contract in Islamic law differ from those in the Continental European legal system. This article argues that the right of the tenant in this regard is considered as real right in Islamic law, unlike in the Continental European legal system. To justify this, the authorities granted to the tenant in Islamic law have been examined in cases where the leased property is transferred to third parties through means that can be interpreted as unlawful acts such as sale, lease, or usurpation during the lease period. In addition, the unique approach of Islamic law on this issue has been expressed by considering both classical and modern fiqh works, and by making comparisons with Turkish law. (shrink)

This article focuses on cases of restitution within contract, investigating the normative desirability of enabling a promise to pursue the profits derived by the promisor through a breach of contract as an alternative pecuniary remedy of wide applicability. Situated at the frontier of both contractual and restitutionary liability, the question of whether restitutionary damages for breach of contract should be available has received a considerable amount of attention. This article makes a critical examination of the normative groundings (...) that have been proposed for and against awarding this pecuniary remedy. This article arrives at two significant conclusions. The first is deconstructive. Parts I and II critique two conventional arguments often raised in the debate over restitutionary damages. These Parts raise doubts as to the ability of these arguments to substantiate the doctrinal conclusions they purport to support. I claim that both promise-keeping and unjust enrichment are neutral between rules offering restitutionary damages and denying such awards. The significance of the results of this analysis extends beyond the specific questions at hand, since these arguments dominate many of the debates surrounding private law theory. The second conclusion reached is reconstructive. Parts III, IV and V present three normative considerations that are more helpful: protection of proprietary rights, enhancement of efficiency, and good faith. Here an attempt is made to reconceptualize the conventional arguments for the derivation of legal rules from these normative prescriptions. From this reconceptualization, we realize that in order to settle the debate over restitutionary damages for breach of contract, a choice must be made between the instrumental conception of contract and its more cooperative alternative. Thus, it emerges that here, too, just as in the case of many other legal issues, the persistent need to choose between two conflicting social visions cannot be avoided. (shrink)

In this article, I query whether participation in the labour market can hinder neo-republican freedom as non-domination. I briefly present the view of Philip Pettit on the topic, based on the distinction between offering a reward and threatening a punishment. I compare it to the analysis of labour republicans, recently reconstructed by Alex Gourevitch, according to whom, the exclusion of a group of individuals from the control of productive assets represents a form of structural domination. Then, I explain (...) why I take a position that is different from both. I hold that capitalist structural domination leads only to exploitation, not interpersonal domination. In doing this, I consider two objections that might be raised against my argument. The first one is based on incomplete contracts and on a possible ideal benchmark for job offers. The second one challenges the supposed arbitrariness of unequal property relations within the capitalist social system. (shrink)

Money, the most important element of economic life, has attracted the attention of many branches of science throughout history. As a result, various disciplines have examined the issue of money and made some determinations about it. One of the disciplines that deals with the money issue is jurisprudence. Jurisprudence has examined the position of money vis-à-vis commodities and other currencies and has tried to establish a fair and just relationship between them. Islamic jurists have also dealt with the legal status (...) of money and discussed the conceptual framework of money in legal terms. The monetary value of gold and silver is accepted in Islamic law and a verdict has been reached on this acceptance. However, there is divergence of opinion on the legal status of the counterfeit money that has been used by many societies and states in history. While Abū Ḥanīfa and, according to one opinion, Abū Yūsuf accepted that fals (coin) are not money, Muḥammad maintained that fals are money. As in many areas of law, sales and debt contracts are also judged according to this assumption. However, if we look at the details of Abū Yūsuf's opinion, we see that some of the contracts accept the monetary value of fals. So, if we assume that we lend 1000 Turkish Liras (TL) with today's coins - according to Abū Ḥanīfa - it means that in case the lent money is withdrawn from circulation, the money should be paid back according to the the weight of the coins that made 1000 TL. Regardless of the weight of the 1000 TL, Abū Yūsuf says that the value of 1000 TL should be repaid. In this case, Abū Yūsuf considers the monetary aspect of these coins. Therefore, it can be stated that there are some differences in the details of the view that counterfeits are accepted as absolute goods in the Hanafi school, and the monetary aspect of counterfeits is also present. Imam Muḥammad dealt with the trade of coins in a special section and examined the position of coins vis-à-vis various goods. He stated several times in this section that fals are in the position of dīnārs and dirhams (gold and silver coin). While Imam Muḥammad evaluated rock as money, he defended this view in practical terms. Namely, he accepted that one of the important features of coins, denomination by signs, is also present in coins and that one can pay with rocks (fals) other than the coin shown in the purchase. However, it should be noted that the coins to be paid must be in circulation. Likewise, the company, salam (forward sale), etc. assumes the monetary value of the rock (fals) and has decided accordingly. There is no complete consensus on this issue within the Ḥanafi tradition. Although in the early works the views of Abū Ḥanīfa and Abū Yūsuf dominate, one sees that in the later works the view of Imam Muḥammad is preferred. This view was also preferred in the recent Medjelle. In commercial life, goods are essential and money is used as a means of transportation for goods. Therefore, it should not be disregarded that money as a means of measuring value is based on the acceptance of people, regardless of what metal it is made of. Therefore, the monetary nature of the goods used as money by society should be accepted. In fact, the Medjelli-yi Aḥkām-i ʻAdliyye, which was established on the basis of the Ḥanafi school, accepted that fals are money and introduced laws in this direction in some areas of the Islamic law. Opinions in this direction have been expressed in some studies written in modern times. In this study, firstly, information about the structure of the fals and their use in Islamic history is given. Then, the Ḥanafi School founding scholars’ assessments of fals are discussed theoretically. In the following section, the disagreements of the Ḥanafi imams in some areas of law are practically examined. (shrink)

This article analyzes the National Science Study produced by the Republican-dominated U.S. Congress in the mid-1990s to see if the priorities of S&T policy were changing, if state agencies were being reorganized to achieve new priorities, and if universities were expected to work closely with industry in reconfigured agencies. Also analyzed was the economic composition of board members of eight S&T policy organizations that informed the National Science Study. It was found that, generally, Republican policy supported both basic science and (...) civilian technology policy but did not advocate reorganization of state administration of S&T. However, a number of the S&T policy groups pushed for the establishment of a separate mission agency for civilian technology. This suggests that conceptualization of a unitary social contract between science and society or iterated principal-agent relations expressing the interaction of science and society are insufficient because there may be multiple social contracts and many principals and agents. (shrink)

We are in an era of uncertainty over whose rules will govern global economic integration. With the growing market share of Chinese firms and the power of the Chinese state it is unclear if Western firms will continue to dominate transnational governance. Exploring these dynamics through a study of contract rules in the global cotton trade, this article conceptualizes commodity chain governance as a contested process of institution-building. To this end, the global commodity chain/global value chain framework must be (...) revised to better account for the broader institutional context of commodity chain governance, institutional variation across space, and strategic action in the construction of legitimate governance arrangements. I provide a more dynamic model of GCC governance that stresses how strategic action, existing institutions, and dominant discourses intersect as firms and states compete for institutional power within a commodity chain. This advances our understandings of how commodity chain governance emerges and changes over time. (shrink)

Eating animals acts as mirror and representation of patriarchal values. Meat eating is the re-inscription of male power at every meal. The patriarchal gaze sees not the fragmented flesh of dead animals but appetizing food. If our appetites re-inscribe patriarchy, our actions regarding eating animals will either reify or challenge this received culture. If meat is a symbol of male dominance then the presence of meat proclaims the disempowering of women.

Sustainable agriculture and ways to achieve it are important issues for agricultural policy. However, the concept of sustainability has yet to be made operational in many agricultural situations, and only a few studies so far have addressed the implementation process of sustainable agriculture. This paper provides an assessment of the Territorial Farming Contracts (TFC) – the French model for implementing sustainable agriculture – and aims to give some insights into the ways to facilitate the development of sustainable farming. Using a (...) systems approach, the founding concept of the TFC model, an analysis has been made of the TFCs signed in the Midi-Pyrenees Region in south-western France. The results show that the first aspect of sustainability apparent in farmers’ projects referred to economic objectives. The environmental and social aspects were not foremost in the farming changes undertaken. In addition, the territorial dimension of the TFC was under-addressed. The majority of TFCs reveal a moderate or even low convergence with territorial priorities. These results are explained partly by the dominance of professional farming organizations in the implementation of TFC, and they imply that the organizational social dimensions of sustainability must not be neglected. (shrink)

In _ Psychiatry in the Scientific Image, _Dominic Murphy looks at psychiatry from the viewpoint of analytic philosophy of science, considering three issues: how we should conceive of, classify, and explain mental illness. If someone is said to have a mental illness, what about it is mental? What makes it an illness? How might we explain and classify it? A system of psychiatric classification settles these questions by distinguishing the mental illnesses and showing how they stand in relation to one (...) another. This book explores the philosophical issues raised by the project of explaining and classifying mental illness. Murphy argues that the current literature on mental illness -- exemplified by the Diagnostic and Statistical Manual of Mental Disorders -- is an impediment to research; it lacks a coherent concept of the mental and a satisfactory account of disorder, and yields too much authority to commonsense thought about the mind. He argues that the explanation of mental illness should meet the standards of good explanatory practice in the cognitive neurosciences, and that the classification of mental disorders should group symptoms into conditions based on the causal structure of the normal mind. (shrink)

Birth asphyxia is the most common single cause of death in term newborn infants. The majority of deaths in developed countries follow decisions to withdraw intensive care. Recent technological advances, particularly the use of magnetic resonance imaging (MRI) of the brain, may affect the process of prognostication and decision-making. There is little existing evidence about how prognosis is determined in newborn infants and how this relates to treatment withdrawal decisions.An exploratory qualitative study was performed using in-depth semi-structured interviews with a (...) sample of ten neonatologists from tertiary intensive care units in the UK. Participants were purposively selected to ensure a range of experience and type of unit. They were asked about the process of prognostication for infants with birth asphyxia and decisions about treatment withdrawal. Interviews were transcribed and thematically analysed.MRI played a significant role in decision-making about life-sustaining treatment for a number of clinicians. Clinicians did not identify particular ethical concerns related to MRI, though wider discussion revealed issues relating to uncertainty around predictions, the timing of prognostication and decision-making, and difficulty in predicting quality of life. (shrink)

For centuries, philosophers have identified beauty with what brings pleasure. Dominic McIver Lopes challenges this interpretation by offering an entirely new theory of beauty - that beauty engages us in action, in concert with others, in the context of social networks - and sheds light on why aesthetic engagement is crucial for quality of life.

Why me? -- Sticks and stones -- Hammer of God -- God is great -- The problem of atheists -- Guardian angels -- Nations under God -- God knows.

There is not one but many ways to picture the world--Australian "x-ray" pictures, cubish collages, Amerindian split-style figures, and pictures in two-point perspective each draw attention to different features of what they represent. Understanding Pictures argues that this diversity is the central fact with which a theory of figurative pictures must reckon. Lopes advances the theory that identifying pictures' subjects is akin to recognizing objects whose appearances have changed over time. He develops a schema for categorizing the different ways pictures (...) represent--the different kinds of meaning they have--and argues that that depiction's epistemic value lies in its representational diversity. He also offers a novel account of the phenomenology of pictorial experience, comparing pictures to visual prostheses like mirrors and binoculars. (shrink)

Images have power - for good or ill. They may challenge us to see things anew and, in widening our experience, profoundly change who we are. The change can be ugly, as with propaganda, or enriching, as with many works of art. Sight and Sensibility explores the impact of images on what we know, how we see, and the moral assessments we make. Dominic Lopes shows how these are part of, not separate from, the aesthetic appeal of images. His book (...) will be essential reading for anyone working in aesthetics and art theory, and for all those intrigued by the power of images to affect our lives. '...tightly focused and carefully argued... an exceptionally interesting contribution to the philosophy of art: it contains subtle, concise, and convincing discussions of a number of difficult concepts and contentious doctrines... lucid and meticulous'. (shrink)

Given its brevity, Plato's Meno covers an astonishingly wide array of topics: politics, education, virtue, definition, philosophical method, mathematics, the nature and acquisition of knowledge and immortality. Its treatment of these, though profound, is tantalisingly short, leaving the reader with many unresolved questions. This book confronts the dialogue's many enigmas and attempts to solve them in a way that is both lucid and sympathetic to Plato's philosophy. Reading the dialogue as a whole, it explains how different arguments are related to (...) one another and how the interplay between characters is connected to the philosophical content of the work. In a new departure, this book's exploration focuses primarily on the content and coherence of the dialogue in its own right and not merely in the context of other dialogues, making it required reading for all students of Plato, be they from the world of classics or philosophy. (shrink)

One of the few points of agreement to be found in mainstream responses to the logical and semantic problems generated by vagueness is the view that if any modification of classical logic and semantics is required at all then it will only be such as to admit underdetermined reference and truth-value gaps. Logics of vagueness including many valued logics, fuzzy logics, and supervaluation logics all provide responses in accord with this view. The thought that an adequate response might require the (...) recognition of cases of overdetermination and truth value gluts has few supporters. This imbalance lacks justification. As it happens, Jaskowski's paraconsistent discussive logic-a logic which admits truth value gluts-can be defended by reflecting on similarities between it and the popular supervaluationist analysis of vagueness already in the philosophical literature. A simple dualisation of supervaluation semantics results in a paraconsistent logic of vagueness based on what has been termed subvaluational semantics. (shrink)

Is it ethical for doctors or courts to prevent patients from making choices that will cause significant harm to themselves in the future? According to an important liberal principle the only justification for infringing the liberty of an individual is to prevent harm to others; harm to the self does not suffice.In this paper, I explore Derek Parfit’s arguments that blur the sharp line between harm to self and others. I analyse cases of treatment refusal by capacitous patients and describe (...) different forms of paternalism arising from a reductionist view of personal identity. I outline an Identity Relative Paternalistic Intervention Principle for determining when we should disallow refusal of treatment where the harm will be accrued by a future self, and consider objections including vagueness and non-identity.Identity relative paternalism does not always justify intervention to prevent harm to future selves. However, there is a stronger ethical case for doing so than is often recognised. (shrink)

This paper is a critical analysis of the concept of mental disorder recently advanced by Jerome Wakefield. Wakefield suggests that mental disorders are most aptly conceived as "harmful dysfunctions" involving two distinct and separable components: the failure of the mechanism in the person to perform a natural function for which the mechanism was designed by natural selection, and a value judgment that the dysfunction is undesirable.