This volume explores moral and legal issues relating to sovereignty by addressing foundational questions about its nature, examining state sovereignty between states, and dealing with post 9/11 developments in the U.S., potentially destabilizing received views of democratic sovereignty. With essays addressing foundational, state and international sovereignty, the book focuses on Post 9/11 developments including the profusion of secret national security programs, including those pertaining to the interrogation, rendition, and detention of terror suspects; signal intercepts and meta-data analysis; and targeted killing (...) of irregular militants; prompting questions regarding the legitimacy of executive power in this arena. (shrink)

The literature on rights in both moral and legal philosophy is voluminous, so voluminous that there may seem to be little justification for one more symposium to swell its ranks. But the discussion of rights has been fairly tightly organized around several narrow topics of debate, among them whether rights should be explained in terms of interests or choices, 1 whether rights are strictly correlative with duties, 2 and the relation between rights and utility. 3 The inspiration for the present (...) symposium is the sense that one topic of central importance has generally been given short shrift: the question of whether rights can conflict. There is, of course, a perfectly good explanation for why this topic has received so little attention; namely that contemporary rights theorists have generally assumed that rights cannot conflict. 4 But this assumption seems to be out of keeping with the way people commonly speak about rights as well as the way in which rights are usually understood in our constitutional tradition. (shrink)

Weighing Lives in War examines the core principles of the modern law of war: necessity, proportionality, and distinction, and provides new and innovative insights into the process of weighing lives implicit in all theories of jus in bello.

The essays in this volume are all concerned with the arguments about law as a system of rule-based decision-making,particularly the ideas advanced by legal philosopher Frederick Schauer. Schauer's work has not only helped revive interest in legal formalism but has also helped relocate arguments about the relationship between posited rules and morality. The contributors to this volume, themselves distinguished theorists, have concentrated on three aspects of Schauer's work: the nature of jurisprudential description; his theory of presumptive positivism; and the application (...) of his theory of rule-based decision-making to other areas of legal and moral thought. Contributors: Larry Alexander, Brian Bix, Philip Bobbitt, Marianne Constable, Michael C. Dorf, Jeremy Elkins, Claire Oakes Finkelstein, Leo Katz, Jason Johnston, Dennis Patterson. (shrink)

:In his famous book Just and Unjust Wars, Michael Walzer articulates a thesis he calls the “Moral Equality of Soldiers,” namely, the principle that combatants have an equal right to kill other combatants in war, regardless of the justice of the cause for which they are fighting. The Moral Equality Thesis, as I shall call it, is an essential component of traditional Just War Theory, in that it provides the basis for distinguishing the jus in bello from the jus ad (...) bellum. It also plays a crucial role in identifying the nature of the difference between combatants and civilians. The Moral Equality Thesis has recently come under attack by scholars of Just War Theory, notably philosopher Jeff McMahan, on the grounds that killing for immoral purposes cannot be justified, and so it cannot be true that combatants all have an equal right to kill, regardless of the justice of their cause. In this essay, I defend the Moral Equality Thesis in its traditional formulation. Without it, I argue, the rule of law would not apply in war. The failure to recognize the equal right of combatants to kill in war, I suggest, creates an inconsistency between the rules of war and basic concepts in the law and morality of self-defense, an inconsistency that McMahan himself would think undesirable. I argue that McMahan’s argument applies more compellingly to armed conflict in asymmetrical warfare. Arguably, the Moral Equality Thesis does not apply in an armed conflict between combatants and unlawful combatants. In that context, the divergence from the law and morality of self-defense is less of a concern. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.KILLING IN WAR AND THE MORAL EQUALITY THESISVolume 32, Issue 2Claire Finkelstein DOI: https://doi.org/10.1017/S0265052516000169Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. KILLING IN WAR AND THE MORAL EQUALITY THESISVolume 32, Issue 2Claire Finkelstein DOI: https://doi.org/10.1017/S0265052516000169Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. KILLING IN WAR AND THE MORAL EQUALITY THESISVolume 32, Issue 2Claire Finkelstein DOI: https://doi.org/10.1017/S0265052516000169Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers, philosophers and leading military experts grappling with the moral and legal limits of the war on terror. The book examines the legal and philosophical issues raised by government efforts to target suspected terrorists without giving them the safeguards of a fair trial.

This chapter contains section titled: What is a Theory of Punishment? Deterrence Theories of Punishment Retributivist Theories of Punishment The Contractarian Alternative Notes References.

What is the relationship between the permissibility/impermissibility of the part and the permissibility/impermissibility of the whole? Does the moral or legal status of a constituent part of an actor’s course of conduct govern the status of the actor’s whole course of conduct or, conversely, does the moral and legal status of the actor’s whole course of conduct govern the status of the constituent parts? This broader issue is examined in the more specific contexts of the contrived defense and deterrent threat (...) doctrines. The latter doctrine concerns whether a prima facie impermissible act of carrying out a threatened action may be rendered permissible if embedded within an overall permissible course of action including the issuance of a deterrent threat that fails to induce compliance. The contrived defense doctrine addresses the permissibility of an actor who contrives or culpably causes the conditions of her own defense. This essay considers the claim—advanced by Claire Finkelstein and Leo Katz—that the contrived defense and deterrent threat doctrines are sufficiently related such that the preferable approach to each doctrine informs and supports the preferable approach to the other. In each, the permissible/impermissible status of the whole governs the status of the part. Regarding contrived defenses, the impermissibility of the actor’s whole course of conduct renders the otherwise permissible constituent part relating to the defense also impermissible. And regarding deterrent threats, the permissibility of the actor’s whole course of conduct renders the otherwise impermissible constituent parts also permissible. This essay challenges the claimed linkage between the contrived defense and deterrent threat doctrines by proposing hypothetical situations in which the claimed parallel doctrines collapse into each other. As a result, the application of the preferred approaches to each doctrine generates a contradiction. (shrink)

The paper investigates how field experimentation of genetically modified crops became central to the French controversy on genetically modified organisms in recent years. Initially constructed in the 1980s as a cognitive endeavor to be preserved from lay interference, field trials of genetically modified crops were reconceived as “an intrusion in the social space,” which had to be negotiated with actors from that space. In order to analyze this transformation, the authors suggest that it is necessary to develop an interpretive framework (...) that combines theoretical perspectives from science and technology studies and the sociology of social problems, and emphasizes the importance of the way in which actors compete in a heterogeneous public space, to put forward alternative framings of problems. The authors present a detailed analysis of the interactions and conflicts between actors in diverse social arenas in order to better understand the dynamics of this sociotechnical controversy. (shrink)

A distorted representation of one's own body is a diagnostic criterion and core psychopathology of both anorexia nervosa (AN) and bulimia nervosa (BN). Despite recent technical advances in research, it is still unknown whether this body image disturbance is characterized by body dissatisfaction and a low ideal weight and/or includes a distorted perception or processing of body size. In this article, we provide an update and meta-analysis of 42 articles summarizing measures and results for body size estimation (BSE) from 926 (...) individuals with AN, 536 individuals with BN and 1920 controls. We replicate findings that individuals with AN and BN overestimate their body size as compared to controls (ES= 0.63). Our meta-regression shows that metric methods (BSE by direct or indirect spatial measures) yield larger effect sizes than depictive methods (BSE by evaluating distorted pictures), and that effect sizes are larger for patients with BN than for patients with AN. To interpret these results, we suggest a revised theoretical framework for BSE that accounts for differences between depictive and metric BSE methods regarding the underlying body representations (conceptual vs. perceptual, implicit vs. explicit). We also discuss clinical implications and argue for the importance of multimethod approaches to investigate body image disturbance. (shrink)

This article explores some of the implications of understanding sin as failure of perception. The theological underpinning of the argument is the choice made in the Garden of Eden to eat the fruit of the tree of knowledge rather than the fruit of the tree of life, or wisdom. This has led to distorted perception, in which all things are seen as having separate, independent existences rather than joined together by their common divine source and their deep interrelatedness in the (...) covenant made with God. The article discusses the fascination with the principle of respect for autonomy in the light of this theology. It also looks at perceptions of the HIV/AIDS crisis in Africa. It finishes with a definition of repentance that makes right perception possible. (shrink)

This essay explores a major ethical variable in personal sales: trust. By analyzing data drawn from life insurance sales, the essay supports the thesis that the role of the agent and the exigencies of personal sales create certain antinomies of trust that compromise the sales process. As a result, trust occupies a problematic and apparently paradoxical position in the sales process. On the one hand, success in personal sales is held to depend upon trust. On the other hand, because the (...) techniques required to form trust in personal sales nullify the conditions under which trust is possible, these instruments of trust formation are self-defeating. (shrink)

Measuring responsiveness to gain accurate diagnosis in populations with disorders of consciousness (DOC) is of central concern because these patients have such complex clinical presentations. Due to the uncertainty of accuracy for both behavioral and neurophysiological measures in DOC, combined assessment approaches are recommended. A number of standardized behavioral measures can be used with adults with DOC with minor to moderate reservations relating to the measures’ psychometric properties and clinical applicability. However, no measures have been standardized for use with pediatric (...) DOC populations. When adapting adult measures for children, confounding factors include developmental considerations for language-based items included in all DOC measures. Given the lack of pediatric DOC measures, there is a pressing need for measures that are sensitive to the complex clinical presentations typical of DOC and that can accommodate the developmental levels of pediatric populations. The music therapy assessment tool for awareness in disorders of consciousness (MATADOC) is a music-based measure that has been standardized for adults with DOC. Given its emphasis on non-language based sensory stimuli, it is well-suited to pediatric populations spanning developmental stages. In a pre-pilot exploratory study, we examined the clinical utility of this measure and explored trends for test-retest and inter-rater agreement as well as its performance against external reference standards. In several cases, MATADOC items in the visual and auditory domains produced outcomes suggestive of higher level functioning when compared to outcomes provided by other DOC measures. Preliminary findings suggest that the MATADOC provides a useful protocol and measure for behavioral assessment and clinical treatment planning with pediatric DOC. Further research with a larger sample is warranted to test a version of the MATADOC that is refined to meet developmental needs of pediatric DOC populations. (shrink)

Many philosophers have contended that (traditional) theism or supernaturalism suffers from what can properly be called the Problem of Divine Hiddenness (the PDH ). [See Howard-Snyder and Moser 2002]. Moreover, it is the contention of many proponents of the PDH that this “problem,” if, indeed, not just a component of the “problem of evil,” bears a striking similarity to the latter. Specifically, at the heart of this ostensible difficulty for theism is that Divine “Hiddenness,” like pain and suffering—or at least (...) pain and suffering in the amount that the world contains—is precisely the opposite of what one would expect if there existed a (maximally great) supernatural Person. Accordingly, it is maintained by proponents of the PDH that supernaturalism is disconfirmed by the relevant “problem.” The aim of this essay is to establish that there is more than ample metaphysical warrant (of a sort overlooked thus far) for maintaining that the “hiddenness” of God is exactly what should be expected if theism is true. Thus, the conclusion we hope to secure is that the PDH has considerably less to recommend it than its proponents have thought, and, accordingly, that it fails to constitute an effective threat to supernaturalism. (shrink)

Amy saves a man from drowning despite the risk to herself, because she is moved by his plight. This is a quintessentially supererogatory act: an act that goes above and beyond the call of duty. Beth, on the other hand, saves a man from drowning because she wants to get her name in the paper. On this second example, opinions differ. One view of supererogation holds that, despite being optional and good, Beth’s act is not supererogatory because she is not (...) praiseworthy; the other agrees that Beth is not praiseworthy but holds that her act is nevertheless supererogatory because, while supererogatory actions are generally performed by praiseworthy agents, an individual need not be praiseworthy for their act to be supererogatory. In this paper, I raise a problem for this latter position, which I shall call the Anti-Motivation View of supererogation. While the Anti-Motivation View rejects the claim that the agent’s motivations are important, it accepts that the agent’s intentions are. Thus, this view assumes that a clear, coherent distinction can be drawn between intentions and motivations in the context of supererogation. This distinction is often attributed to Mill; however, his original discussion reveals an inconsistency. Consider Clara, who saves a man from drowning because she wants to torture him later. According to Mill, Clara’s act is not morally good; those who follow Mill will have to accept that it is therefore not supererogatory. Mill asserts that Clara’s act differs from Amy’s and Beth’s not just in motivation but also in intention. I question this explanation and demonstrate that the distinction between motivation and intention is not as clear as the Anti-Motivation View has supposed and that the gap between the Anti-Motivation View and the alternative Praise-Based View is either much greater or much smaller than previously thought. (shrink)

In this paper, we reflect on our experience as science and technology studies researchers who were members of the working group that produced A Synthetic Biology Roadmap for the UK in 2012. We explore how this initiative sought to govern an uncertain future and describe how it was successfully used to mobilize public funds for synthetic biology from the UK government. We discuss our attempts to incorporate the insights and sensibilities of STS into the policy process and why we chose (...) to use the concept of responsible research and innovation to do so. We analyze how the roadmapping process, and the final report, narrowed and transformed our contributions to the roadmap. We show how difficult it is for STS researchers to influence policy when our ideas challenge deeply entrenched pervasive assumptions, framings, and narratives about how technological innovation necessarily leads to economic progress, about public reticence as a roadblock to that progress, and about the supposed separation between science and society. We end by reflecting on the constraints under which we were operating from the outset and on the challenges for STS in policy. (shrink)

On 24 July 2022, the landmark decision Roe v. Wade (1973), that secured a right to abortion for decades, was overruled by the US Supreme Court. The Court decision in Dobbs v. Jackson Women’s Health Organisation severely restricts access to legal abortion care in the USA, since it will give the states the power to ban abortion. It has been claimed that overruling Roe will have disproportionate impacts on women of color and that restricting access to abortion contributes to or (...) amounts to structural racism. In this paper, we consider whether restricting abortion access as a consequence of overruling Roe could be understood as discrimination against women of color (and women in general). We argue that banning abortion is indirectly discriminatory against women of color and directly (but neither indirectly, nor structurally) discriminatory against women in general. (shrink)

The debate on the value of Boyer's minimally counter-intuitive theory continues to generate considerable theoretical and empirical attention. Although the theory offers an explanation as to why certain cultural texts and narratives are particularly well conveyed and transmitted, amidst society and over time, conflicting evidence remains for any mnemonic advantage of minimally counter-intuitive concepts. In an effort to reconcile these conflicting results, Barrett has made a comprehensive attempt in presenting a formal system for quantifying counter – intuitiveness including a distinction (...) between counter-intuitive and counter-schematic concepts. The present article uses this system to generate sentences containing different levels of counter-intuitiveness, and tests whether minimally counter-intuitive items show a mnemonic advantage over concepts which are more counter-intuitive or counter-schematic. Results indicate that MCI concepts hold a mnemonic advantage over counter-schematic and maximally counter-intuitive concepts but only for one-week delayed recall. Interference effects may have masked immediate recall effects. Yes-no recognition after one week delay showed almost 100% accuracy suggesting that availability of retrieval cues is the factor which determines the mnemonic advantage of MCI concepts. (shrink)

In June 2016, Texas A&M University hosted its inaugural philosophy camp for teens. In this article, we address how running a philosophy camp for pre-college students can have a positive impact on both the campers and the staff, which included philosophy faculty, graduate students (Philosophy and English), and undergraduates. We designed the week-long (Monday through Friday, 9 a.m.–4 p.m.) philosophy camp with three aims: to introduce pre-college students to philosophical thinking and dialogue; to develop an intellectual community among the campers; (...) and to provide a space in which young people could engage as equal partners in a series of spirited philosophical discussions. Drawing chiefly from our local community, we enrolled a diverse group of campers. We organized the week around themes that we thought would be of particular interest to pre-college students while also providing a broad view of the discipline. What we did not anticipate was the intense friendships that were formed, based on a shared love of philosophical ideas. (shrink)

In french and english speaking countries, the articulation between epistemological beliefs, conceptions of teaching and learning and pedagogical practices of secondary school teachers in the natural sciences and humanities has been little studied (Araújo-Oliveira, 2012 ; Bartos et Lederman, 2014 ; Wanlin et al., 2019). Yet, while teachers display predominantly constructivist beliefs about teaching and learning, their teaching practices remain rather passive (OECD, 2019). Like in Therriault et al. (2018-2023), this article explores the characteristics of epistemological beliefs, conceptions of teaching (...) and learning, and teaching practices among a population of 112 secondary school teachers (beginners, intermediate and experienced) in the humanities and natural sciences in French-speaking Belgium. In a second step, we explore the articulations between these three theoretical constructs either from statistical analyses or from a more interpretative perspective. Quantitative analysis of the data (PCA, factorial ANOVA, correlations and Chi-square) show that teachers’ epistemological beliefs are rather refined, that there is an effect of professional seniority on these beliefs and that there is a link between refined epistemological beliefs and traditional conceptions of teaching and learning. Finally, teachers’ self-reported practices appear to be insensitive to the discipline being taught. (shrink)

Gestational surrogacy relies on a legal agreement between the surrogate and the intended parents to define the roles and responsibilities of the parties, including explicit consent by the surrogate to allow the physician to release all pregnancy-related medical information to the intended parents. In the event of surrogate misconduct, however, physicians may feel conflicted if the surrogate asks the physician to withhold information about potentially dangerous behaviour in pregnancy from the intended parents. While the American Society for Reproductive Medicine guidelines (...) may support disclosure over the objections of the surrogate, the authors argue that such disclosure is a violation of the surrogate’s rights and the physician’s ethical and professional duties. A surrogate’s confidentiality must be maintained as it is an essential element of the physician–patient relationship. (shrink)

The general area of this essay is an issue left unexplored by the tradition of commentary on Rickert's philosophy and Weber's methodology: the question of the relationship between Rickert's value theory and the validity of Weber's methodological positions. Within this area, the essay focuses on the question of the relationship between Rickert's analysis of the problem of the objectivity of values and Weber's conception of the objectivity of the cultural sciences. The thesis defended is that a solution to Weber's problem (...) of the objectivity of the cultural sciences depends upon Rickert's doctrine of the objectivity of values. In this sense, Rickert's position on the objectivity of values is essential to the validity of Weber's methodology. (shrink)

Comparing mortuary rituals across 57 representative cultures extracted from the Human Relations Area Files, this paper demonstrates that kin of the deceased engage in behaviours to prepare the deceased for disposal that entail close and often prolonged contact with the contaminating corpse. At first glance, such practices are costly and lack obvious payoffs. Building on prior functionalist approaches, we present an explanation of corpse treatment that takes account of the unique adaptive challenges entailed by the death of a loved one. (...) We propose that intimate contact with the corpse provides the bereaved with extensive veridical cues of death, thereby facilitating acceleration of a grieving process that serves to recategorize the deceased as no longer a relationship partner, opening the door to relationship replacement and a return to social functioning. The benefits of exposure to such cues are tempered by the costs of exposure to cues of disease risk, a balance that in part explains the relative rarity of highly invasive mortuary practices that exacerbate the latter factor. We conclude by discussing implications of our model for contemporary mortuary practices in the developed world. (shrink)