En el siguiente artículo analizo con respecto a países con altos niveles de inmigración y en términos de legitimidad democrática, el reto que plantea la existencia en los mismos de sectores de la población que, por carecer de la nacionalidad del Estado de residencia, carecen de la plenitud de derechos y libertades que nutren el espacio de igualdad cívica en un orden liberal democrático. Centro mi análisis en el colectivo de los llamados "inmigrantes ilegales", que es el que está sujeto (...) a una mayor precariedad jurídica. A fin de superar la creciente disociación entre población y comunidad política exploro la necesidad de articular nuevos fundamentos de inclusión dentro del demos y propongo, entre ellos, el de la residencia y el arraigo social que generalmente la acompaña. La fuerza normativa de los fundamentos que exploro es, a mi entender, de suficiente entidad como para superar los reparos morales asociados al carácter "ilegal" del origen de la inmigración. Desde estas premisas concluyo con una valoración negativa de la reciente reforma de la Ley Orgánica 4/2000 sobre derechos y libertades de los extranjeros en España y su integración social que a la vez restringe el acceso a derechos y libertades de los llamados "ilegales" y dificulta los cauces de subsanación quasi-automática de su ilegalidad. (shrink)

Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has (...) been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines. (shrink)

That a constitution should express the will of 'the people' is a long-standing principle, but the identity of 'the people' has historically been narrow. Women, in particular, were not included. A shift, however, has recently occurred. Women's participation in constitution-making is now recognised as a democratic right. Women's demands to have their voices heard in both the processes of constitution-making and the text of their country's constitution, are gaining recognition. Campaigning for inclusion in their country's constitution-making, women have adopted innovative (...) strategies to express their constitutional aspirations. This collection offers, for the first time, comprehensive case studies of women's campaigns for constitutional equality in nine different countries that have undergone constitutional transformations in the 'participatory era'. Against a richly-contextualised historical and political background, each charts the actions and strategies of women participants, both formal and informal, and records their successes, failures and continuing hopes for constitutional equality. (shrink)

The interview focuses on Kymlicka's major area of research, i.e., the issue of minority rights. Kymlicka explains why the rights of national minorities have been traditionally neglected in the Western political tradition. He argues that these rights promote individual freedom, and so should be seen as promoting liberal democratic principles. The interview covers many issues including the relationship between ethno‐cultural groups and other forms of “identity politics”; how to individuate cultural groups with legitimate claims to minority rights; whether something like (...) a “cosmopolitan view” can seriously challenge the need for minority rights; what are the dangers of building transnational political institutions such as the EU for democratic citizenship; what are the bases of social unity in multination states and what are the limits of toleration of illiberal minorities. (shrink)

To explain how constitutions shape and are shaped by women's lives, the contributors to this volume examine constitutional cases pertaining to women in twelve countries. Analyzing jurisprudence about reproductive, sexual, familial, socio-economic, and democratic rights, they focus constructively on women's claims to equality, asking who makes these claims, what constitutional rights inform them, how they have evolved, what arguments work in defending them, and how they relate to other national issues. Their findings reveal significant similarities in outcomes and in reasoning (...) about women's constitutional rights in these twelve countries, challenging the tradition of distinguishing constitutional jurisprudence depending on whether the country has a written or unwritten constitution, subscribes to civil or common law, is a federal or unitary state, limits constitutional adjudication to the public domain, accords international norms binding or subject to incorporation force, or relies on a specialized or general court to adjudicate constitutional matters. (shrink)

Based on the assumption that consumers will reward firms for their support of social programs, many organizations have adopted corporate social responsibility (CSR) practices. Drawing on social identity theory, a model of influence of CSR on loyalty is developed and tested using a sample of real consumers. Results demonstrate that CSR initiatives are linked to stronger loyalty both because the consumer develops a more positive company evaluation, and because one identifies more strongly with the company. Moreover, identity salience is shown (...) to play a crucial role in the influence of CSR initiatives on consumer loyalty when this influence occurs through consumer-company identification. A strong identifier is not necessarily in a constant state of salience, but activating identity salience of a particular consumer social identity (a company) will affect consumer reactions to product stimuli, increasing consumer loyalty. (shrink)

Background: Patients at the end-of-life and their families experience a strong emotional impact. The wellbeing of the patient at the end-of-life and their family caregiver are related. Aim: to explore the elements related with the emotional wellbeing of patients with and without cognitive impairment at the end-of-life and that of their primary family caregivers. Design: Cross- sectional study. Participants: data was collected from 202 patients at the end of life with different diagnosis (COPD, cancer and frail elderly) as well as (...) from their respective 202 primary family caregivers. Results: Structural equation models indicated that the emotional state of the patients was best predicted by their functional independence and the burden of their family caregivers. At the same time, the emotional state of the primary family caregiver was predicted by their burden and not by the cognitive state or the functional independence of the patient. Nevertheless, the burden of the family caregiver, which is the only variable predicting both the emotional state of the patient and that of the caregiver, was directly related with the functional independence of the patient and indirectly with the patient’s cognitive state. Conclusions: The burden of the family caregiver stands out as a key factor in the reduction of the emotional distress of patients at the end-of-life –whether or not they present significant cognitive impairment- and that of their family caregivers. (shrink)

This essay examines "Justice as Prevention: Vetting Public Employees in Transitional Societies," Alexander Mayer-Rieckh and Pablo de Greiff eds., and "What Happened to the Women? Gender and Reparations for Human Rights Violations," Ruth Rubio-Marin, ed.

This study examines the application of a qualitative Ecological Risk Assessment tool to initiate management planning and community engagement in newly legislated Marine Protected Areas. Scientists and the agency expected the participatory element to increase the legitimacy of management by achieving consensus about management priorities as well as to engender trust in science and agency procedures. We point to the complex nature of participatory engagement when expert and lay knowledge are combined while an agency's claim to legitimacy rests on scientific (...) judgements. While community engagement offered agency staff an additional way to claim legitimacy it also challenged the way planners, rangers as well as community representatives previously attained trust. (shrink)

This article addresses two central topics in normative debates on transnational citizenship: the inclusion of resident non-citizens and of non-resident citizens within the demos. Through a critical review of the social membership (Carens, Rubio-Marin) and stakeholder (Baubock) principles, it identifies two problems within these debates. The first is the antinomy of incorporation, namely, the point that there are compelling arguments both for the mandatory naturalization of permanent residents and for making naturalization a voluntary process. The second is the arbitrary (...) demos problem and concerns who determines whether expatriate voting rights are granted (and on what terms). The argument developed provides a way of dissolving the first problem (and defending the proposed solution against possible objections) and resolving the second problem. In doing so it provides a defensible normative basis for the political theory of transnational citizenship. (shrink)

Estudio desde las distintas perspectivas de comprensión de las políticas de vigilancia y control social de la vida al enfocar la actual pandemia. Se enfatiza que todas esas políticas se aplican hoy mediante las TIC, extendiendo el dominio digital sobre el mundo offline y transformando la pandemia en tecnopandemia. Así resultan todas ellas, biopolítica, teoría de la excepción y psicopolítica, conceptualmente superadas por la tecnopolítica. La tecnopolítica es la forma político-social de la vida onlife, la práctica de un poder infodémico, (...) que utiliza tecno-personas, que no son ni individuos ni tampoco sujetos políticos, para controlar y someter la vida offlife. (shrink)

This chapter argues that there is a particular kind of ‘internal’ commitment typically made in the context of romantic love relationships that has striking meta-normative implications for how we understand the role of the will in practical normativity. Internal commitments cannot plausibly explain the reasons we have in committed relationships on the usual model—as triggering reasons that are already there, in the way that making a promise triggers a reason via a pre-existing norm of the form ‘If you make a (...) promise to x, then you have a reason to x’. Instead, internal commitments are that in virtue of which one has the special reasons of committed relationships; they are the grounds of such reasons. In this way, the will is a source of practical normativity. (shrink)

Although expected utility theory has proven a fruitful and elegant theory in the finite realm, attempts to generalize it to infinite values have resulted in many paradoxes. In this paper, we argue that the use of John Conway's surreal numbers shall provide a firm mathematical foundation for transfinite decision theory. To that end, we prove a surreal representation theorem and show that our surreal decision theory respects dominance reasoning even in the case of infinite values. We then bring our theory (...) to bear on one of the more venerable decision problems in the literature: Pascal's Wager. Analyzing the wager showcases our theory's virtues and advantages. To that end, we analyze two objections against the wager: Mixed Strategies and Many Gods. After formulating the two objections in the framework of surreal utilities and probabilities, our theory correctly predicts that (1) the pure Pascalian strategy beats all mixed strategies, and (2) what one should do in a Pascalian decision problem depends on what one's credence function is like. Our analysis therefore suggests that although Pascal's Wager is mathematically coherent, it does not deliver what it purports to, a rationally compelling argument that people should lead a religious life regardless of how confident they are in theism and its alternatives. (shrink)

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

Corruption poisons corporations in America and around the world, and has devastating consequences for the entire social fabric. In this article, we focus on organizational corruption, described as the abuse of authority for personal benefit, and draw on Weber’s three ideal-types of legitimate authority to develop a theoretical model to better understand the antecedents of different types of organizational corruption. Specifically, we examine the types of business misconduct that organizational leaders are likely to engage in, contingent on their legitimate authority, (...) motives, and justifications. We conclude by suggesting managerial implications of our theoretical model and propose directions for future research. (shrink)

What kind of affective phenomenon is religious zeal and how does it relate to other affective phenomena, such as moral anger, hatred, and love? In this paper, I argue that religious zeal can be both, and be presented and interpreted as both, a love-like passion and an anger-like emotion. As a passion, religious zeal consists of the loving devotion to a transcendent religious object or idea such as God. It is a relatively enduring attachment that is constitutive of who the (...) zealot is, and it expresses itself in a distinctive set of mental and behavioral dispositions. Most importantly, it motivates uncompromising actions and involves intense, hot, and deep emotions. As an anger-like emotion, religious zeal is an occurrent affective state of mind that is intentionally directed towards a specific object, characteristically a person or group of persons. It condemns the violation of a religious norm that is taken to be of absolute validity and general applicability. It motivates an action aiming at vengeance and retaliation, and it involves intense and hot feelings of hostility towards its object. I argue that rather than reducing the complex phenomenon of religious zeal to one of these two manifestations, we should reflect upon the question of how the two distinct conceptualizations relate to each other. (shrink)

This paper aims to reconstruct Francis Hutcheson's thinking about liberty. Since he does not offer a detailed treatment of philosophical questions concerning liberty in his mature philosophical writings I turn to a textbook on metaphysics. We can assume that he prepared the textbook during the 1720s in Dublin. This textbook deserves more attention. First, it sheds light on Hutcheson's role as a teacher in Ireland and Scotland. Second, Hutcheson's contributions to metaphysical disputes are more original than sometimes assumed. To appreciate (...) his independent thinking, I argue, it is helpful to take the intellectual debates in Ireland into consideration, including William King's defence of free will and discussions of Shaftesbury's views in Robert Molesworth's intellectual circle. Rather than taking a stance on the philosophical disputes about liberty, I argue that Hutcheson aims to shift the focus of the debates towards practical questions concerning control of desire, cultivation of habits, and character development. (shrink)

While it is uncontroversial to point to the liberal roots of feminism, a major issue in English-language feminist political thought over the last few decades has been whether feminism's association with liberalism should be relegated to the past. Can liberalism continue to serve feminist purposes? This book examines the positions of three contemporary feminists - Martha Nussbaum, Susan Moller Okin and Jean Hampton - who, notwithstanding decades of feminist critique, are unwilling to give up on liberalism. This book examines why, (...) and in what ways, each of these theorists believes that liberalism offers the normative and political resources for the improvement of women's situations. It also brings out and tries to explain and evaluate the differences among them, notwithstanding their shared allegiance to liberalism. In so doing, the books goes to the heart of recent debates in feminist and political theory. (shrink)

“Teleosemantics and Pushmi-Pullyu Representations” (call it “TP-PR,” this journal 2014 79.3, 545–566) argues that core teleosemantics, particularly as defined in Millikan (Language, thought and other biological categories, MIT Press, Cambridge, 1984, J Philos 86(6):281–297, 1989, White queen psychology and other essays for Alice, MIT Press, Cambridge, 1993, Philosophical perspectives, Ridgeview Publishing, Alascadero, 1996, Varieties of meaning, MIT Press, Cambridge, 2004–2008), seems to imply that all descriptive representations are at the same time directive and that directives are at the same time (...) descriptive, hence that all representations are pushmi-pullyu representations. A pushmi-pullyu representation is at once indicative and imperative, telling both what the case is and what to do about it. The usefulness at all of the notion of a pushmi-pullyu representation is then questioned. I have recently found several new papers, dissertations, discussions, in which TP-PR is treated as definitive. However, the conclusions of TP-PR rest on misunderstandings of my position, so although the date is late, clarification seems still to be in order. I will indicate a few significant corrections that need to be made to TP-PR’s description of my position (originally called “biosemantics”) and explain central features of biosemantics that are omitted in TP-PR’s description of basic teleosemantics and which are incompatible with the main argument and conclusions of TP-PR. I will try to clarify and explain the value of the notion of a pushmi-pullyu representation. (shrink)

This article considers the extent to which the debate about animal rights can be enriched by Richard Rorty’s theory of rights. Although Rorty’s work has enjoyed a lot of scholarly attention, commentators have not considered the implications of his arguments for animals. Nor have theorists of animal rights engaged his approach to rights. This paper argues that Rorty’s thinking holds a number of attractions for proponents of animal rights. It also considers some of its drawbacks. It is further argued that (...) Rorty’s thinking about rights avoids many of the problems that animal ethic of care theorists have found in rights discourse being applied to animals. Rorty’s work thus provides a valuable resource for bringing these two major strands within the animal ethics literature into closer theoretical kinship. (shrink)

This article examines the attempts by John Rawls in the works published after Political Liberalism to engage with some of the feminist responses to his work. Rawls goes a long way toward addressing some of the major feministliberal concerns. Yet this has the unintended consequence of pushing justice as fairness in the direction of a more comprehensive, rather than a strictly political, form of liberalism. This does not seem to be a problem peculiar to Rawls: rather, any form of liberalism (...) hospitable to feminist concerns must be, at the very least, a partly comprehensive, rather than a strictly political, doctrine. (shrink)

In February 2020, the British Medical Association will be surveying members for their views on what the BMA’s position on physician-assisted dying should be. The BMA is currently opposed to physician-assisted dying in all its forms, a position that was agreed in 2006 at the annual representative meeting, the Association’s policy-making conference.1 As previously reported in Ethics briefing,2 the decision to survey members follows a motion passed at last year’s ARM which called on the BMA to “carry out a poll (...) of members to ascertain their views on whether the BMA should adopt a neutral position with respect to a change in the law on assisted dying”. The results from the survey will not determine BMA policy. Rather, the results be published ahead of this year’s ARM and provided to those attending to inform a debate and discussion on the BMA’s policy position. More information about the survey, including a briefing pack of useful information, and information for BMA members on how to participate can be found online at www.bma.org.uk/PAD. ### High Court rejects Judicial reviews on assisted suicide The High Court has refused permission for two separate challenges to the law on assisted suicide in the UK to proceed to a full hearing. In the first case, Phil Newby, who has motor neuron disease, applied for judicial review of the law on assisted suicide and asked for the court to carry out a detailed examination of what he termed “legislative facts” – that is, an examination of the existing evidence on the “costs, risks and benefits” of regulating assisted suicide – including a cross-examination of relevant expert witnesses.1 Handing down the judgement, Lord Justice Irwin and Mrs Justice May, held that assisted dying …. (shrink)

Ontology. Revisited. Groff's argument cuts against a familiar anti-metaphysical grain. Social and political philosophy, she maintains, is not as metaphysically neutral as it may seem. Even the most deontological of theories connects up with a ...

Philosophy prides itself on beginning with Socrates’s death: scandalous with regard to Socrates’s virtue and wisdom, as well as his age, this death is transfigured into an entry into truth. One can...

If liberal theory is to move forward, it must take the political nature of family relations seriously. The beginnings of such a liberalism appear in Mary Wollstonecraft's work. Wollstonecraft's depiction of the family as a fundamentally political institution extends liberal values into the private sphere by promoting the ideal of marriage as friendship. However, while her model of marriage diminishes arbitrary power in family relations, she seems unable to incorporate enduring sexual relations between married partners.

I argue that a powers-based metaphysics radically reconfigures the existing free will problematic. This is different from claiming that such an approach solves the ill-conceived problems that emerge from Humean-Kantian default commitments.

According to conciliatory views about peer disagreement, both peers must accord their disagreeing peer some weight, and move towards him. Non‐conciliatory views allow one peer, the one who responded correctly to the evidence, to remain steadfast. In this paper, I consider the suggestion that it may be rational for both disagreeing peers to hold steadfastly to their opinion. To this end, I contend with arguments adduced against the permissiveness the supposition involves, and identify some ways in which different responses for (...) different agents to the evidence might be reasonable. (shrink)

This article presents counter evidence against Smolensky's theory that human intuitive/nonconscious congnitive processes can only be accurately explained in terms of subsymbolic computations carried out in artificial neural networks. We presentsymboliclearning models of two well‐studied, complicated cognitive tasks involving nonconscious acquisition of information: learning production rules and artificial finite state grammars. Our results demonstrate that intuitive learning does not imply subsymbolic computation, and that the already well‐established, perceived correlation between “conscious” and “symbolic” on the one hand, and between “nonconscious” and (...) “subsymbolic” on the other, does not exist. (shrink)

The study draws attention to the transfer of management theories and practices from traditional capitalist countries such as the USA and UK to post-socialist countries that are currently experiencing radical change as they seek to introduce market reforms. It is highlighted that the efficacy of this transfer of management theories and practices is, in part, dependent upon the extent to which work-related attitudes and values vary between traditional capitalist and former socialist contexts. We highlight that practices such as Human Resource (...) Management (HRM) and Organization Development (OD) are inextricably associated with conceptions surrounding culture and society, as well as to variables such as job satisfaction and organisational commitment. The main aim of this study is to compare various attitudes and values of employees in traditional capitalist countries and post-socialist countries. On the basis of the findings of an attitudinal survey of (N = 5914) workers in 15 countries we conclude that certain aspects of the attitudes and values of workers in post-socialist countries and traditional capitalist countries differ significantly. Specifically, these differences were found in respect of context-related and job-related attitudes, and also in relation to the importance that the respondents attached to the subject of ethics more generally. The implications of the study are discussed particularly in relation to the transfer of management theory and practices between traditional capitalist and post-socialist contexts. (shrink)

This paper takes a sideways look at the controversial topic of educational assessment, raising the question: what place should the success/failure distinction have in an effective and humane educational system? Though the experience of failure may undermine the self-esteem that is conducive to learning, its possibility is clearly important educationally. Instead of asking whether teachers should be truthful about children’s achievements or dishonestly promote their self-esteem, we need to recognise a certain logical indeterminacy about what young children can do. Given (...) this, it is reasonable to presume in favour of many of their capacities rather than against them, for this is how children develop the confidence to act. This includes the confidence to fail as well as the confidence to succeed. It is argued that both are crucial for learning. (shrink)

Connected Lives examines the account of human nature that is implicit in an ethics of care, a picture of human lives that emphasizes interdependency, embodiment, and social connectedness. The book makes important connections to the picture of human life found in theorists of love such as St. Augustine and Emmanuel Levinas, and shows that when care theory is articulated clearly, it provides resources for thinking through some of the difficult moral issues we face in the contemporary world, issues such as (...) assisted reproduction and the new genetic technologies. (shrink)

Happiness is a large idea. It looms enticingly before us when we are young, delivers verdicts on our lives when we are old, and seems to inform a responsible engagement with children. The question is raised: do we want this idea? I explore a distinction between rich and poor conceptions of happiness, suggesting that many sceptical arguments are directed against the latter. If happiness is to receive its teleological due, recognised in rather the way Aristotle saw it, as a final (...) end that crucially lacks specificity, it must be richly conceived without denying the significance of unhappiness or despair. I suggest that Aristotle's Nicomachean Ethics is ‘completed’ in a distinctively Aristotelian sense by authors like George Eliot and Virginia Woolf. Substantial excerpts are discussed to show how ideas like ‘making others happy’ may be richly conceived. By treating literary examples (poetically articulated, sensually received) as ineliminable reference points in our thinking, we open up a new way of imagining relationships in education. We attend communally, conversationally and often argumentatively to the dramas of human life. This, I argue, is how we grapple with large ideas and bring about ethical learning. (shrink)

Most of Christine Swanton’s quotations from and references to Nietzsche are drawn The Genealogy of Morals, Thus Spoke Zarathustra, and Beyond Good and Evil. I suggest that Human, All too Human and Daybreak, two of Nietzsche’s most neglected works, provide rich resources for Swanton’s interpretation of Nietzsche’s view of self-love and its defining role in genuinely ethical action. Self-love assumes a central place in these writings, as do its cognate concepts of egoism and vanity. I outline some of the reasons (...) why these two middle period writings recommend themselves powerfully for Swanton’s philosophical purposes. I examine to what extent passages on self-love from these neglected works nourish, but also to what extent they challenge or upset, the central place accorded to self-love in Swanton’s recalibration of virtue ethics. (shrink)

In this chapter, I discuss Locke’s contributions to moral psychology. I begin by examining how we acquire moral ideas, according to Locke. Next, I ask what explains why we act morally. I address this question by showing how Locke reconciles hedonist views concerning moral motivation with his commitment to divine law theory. Then I turn to Shaftesbury’s criticism that Locke’s moral view is a self-interested moral theory that undermines virtue. In response to the criticism I draw attention to Locke’s Christian (...) conception of virtue. (shrink)

This study contributes to our understanding of how work-related values, including ethics, are connected with the readiness to change in Estonian organizations. Research in Estonian companies involved 747 respondents. The author examined the influence of work-related values on attitude towards change and organizational learning. Empirical research in Estonian organizations indicates that work-related values predict attitude towards change and organizational learning. This study indicates the need for ethical conduct to achieve a competitive advantage in Estonia. Guidelines for managers and a model (...) of value-based change management are subsequently developed. (shrink)