Les procès pour viol sont rares dans les archives judiciaires de l’Ancien Régime européen. Ils ont néanmoins été étudiés suivant des approches quantitatives qui ont mis en évidence le profil des plaignantes et des inculpés (milieu social, âge, état matrimonial) ainsi que la typologie des scénarios de la violence sexuelle (lieu, temporalité, gestes). Cet état de la recherche s’intéresse plutôt aux approches qualitatives de ces sources et plus particulièrement aux méthodes développées pour lire et interpréter les récits judiciaires rapportés (...) par les professionnels de la justice. Un premier type de travaux s’est attaché à replacer le récit judiciaire dans le cours de la procédure criminelle afin de reconstituer ses conditions d’élaboration et d’en spécifier la nature exacte. Ce faisant, ils ont cherché à évaluer la manière dont les justices d’Ancien Régime, inquisitoires ou accusatoires, prenaient en compte le récit des victimes. Un second type de travaux a cherché à interpréter la parole des parties en présence en mettant en évidence les stratégies, les non-dits, les silences : il s’agit alors de s’intéresser aux représentations et aux imaginaires de la sexualité et du genre, telles qu’ils s’expriment à travers l’expérience de la violence. (shrink)

A monumental achievement, Maurice Cranston's trilogy provides the definitive account of Jean-Jacques Rousseau's turbulent life. Now available in paperback, this final volume completes a masterful biography of one of the most important philosophers of all time. _The Solitary Self _traces the last tempestuous years of Rousseau's life. "_The Solitary Self_ is a fitting coda to a magisterial work. Cranston... is a compelling stylist who narrates Rousseau's tribulations with a mixture of compassion and dry humor."—Thomas Pavel, _Wall Street Journal_ "Cranston not (...) only recreates for his readers a rounded view of Rousseau himself, he sets it firmly in the social and political context of Europe's _ancien regime_.... An engrossing work of history."—John Gray, _New Statesman_ "Cranston's painstaking archival research and lucid style yield the most detailed and thoroughly documented biography of Rousseau written in English. His epilogue masterfully sums up Rousseau's importance as political philosopher and initiator of romantic sensibilities."—_Choice_ "Anyone curious about the paradoxes of a most paradoxical man will not go wrong by starting with this invaluable biography."—James Miller, _Washington Post Book World_ "As absorbing as a picaresque novel."—Naomi Bliven, _New Yorker_ "A monument of scholarship.... This amazing biography, like Boswell's account of Johnson, recreates the daily life of Rousseau: what he did, who he saw, what he said, what he wrote.... We may be quite confident that we hold in our hands the authoritative account of this life. The definitive Rousseau."—Isaac Kramnick, _New Republic_ Maurice Cranston, a distinguished scholar and recipient of the James Tait Black Memorial Prize for his biography of John Locke, was professor of political science at the London School of Economics. His numerous books include _The Romantic Movement_ and _Philosophers and Pamphleteers_, and translations of Rousseau's _The Social Contract_ and _Discourse on the Origins of Inequality_. (shrink)

Why is American punishment so cruel? While in continental Europe great efforts are made to guarantee that prisoners are treated humanely, in America sentences have gotten longer and rehabilitation programs have fallen by the wayside. Western Europe attempts to prepare its criminals for life after prison, whereas many American prisons today leave their inhabitants reduced and debased. In the last quarter of a century, Europe has worked to ensure that the baser human inclination toward vengeance is not reflected by state (...) policy, yet America has shown a systemic drive toward ever increasing levels of harshness in its criminal policies. Why is America so short on mercy? In this deeply researched, comparative work, James Q. Whitman reaches back to the 17th and 18th centuries to trace how and why American and European practices came to diverge. Eschewing the usual historical imprisonment narratives, Whitman focuses instead on intriguing differences in the development of punishment in the age of Western democracy. European traditions of social hierarchy and state power, so consciously rejected by the American colonies, nevertheless supported a more merciful and dignified treatment of offenders. The hierarchical class system on the continent kept alive a tradition of less-degrading "high-status" punishments that eventually became applied across the board in Europe. The distinctly American, draconian regime, on the other hand, grows, Whitman argues, out of America's longstanding distrust of state power and its peculiar, broad-brush sense of egalitarianism. Low-status punishments were evenly meted out to all offenders, regardless of class or standing. America's unrelentingly harsh treatment of trangressors--this "equal opportunity degradation"-- is, in a very real sense, the dark side of the nation's much vaunted individualism. A sobering look at the growing rift between the United States and Europe, Harsh Justice exposes the deep cultural roots of America's degrading punishment practices. (shrink)

This paper will analyse what it takes to conduct feminist and sensitive research in countries that have seen mass human rights violations. Transitional justice research involves critical examination of difficult topics which raises a number of ethical and methodological issues for both the participants and the researchers. Although empirical research has been a facet of the studies produced in the field, researchers’ accounts of undertaking research in often politically sensitive environments is largely missing from published books (...) and research reports. This paper is informed by personal experiences of doing research in wartime rape in the ethnically and politically divided country of Bosnia and Herzegovina. I argue that the researcher’s profile and positionality directly affects the fieldwork and that fieldwork is a dialogical process which is structured by the researcher and the wider political processes in the country. (shrink)

The present paper is an attempt at examining the value configuration and the socio-demographical profiles of the local political elites in four countries of East-Central Europe: Romania, the Czech Republic, Bulgaria, and Poland. The treatment is a comparative one, predominantly descriptive and exploratory, and employs, as a research method, the case-study, being a quite circumscribed endeavor. The cases focus on the members of the Municipal/Local Council in four towns similar in terms of demography and developmental strategies (i.e. small-to-medium sized (...) communities of around 35,000 inhabitants, with economies largely based on food industry and commercial activities): Tecuci (Galați county, Romania), Česká Lípa (Liberec region, Czech Republic), Targovishte (Targovishte province, Bulgaria), and Oleśnica (Lower Silesia province, Poland). Hypothesizing that the local elites of the former Sovietized Erurope tend to differ in outlook, priorities, and value attainment, as compared to their Western counterparts, the paper considers the former’s attitudes and perspectives in regard to seven values: a series of values customarily connected with the concept of ‘democracy’ (i.e. citizen participation, political conflict, gradual change, economic equality), state intervention in economy, decentralization and increased local autonomy, cultural-geographical self-identification. The study uses, as well, five models of value attainment in what concerns the ‘ideal portrait’ of the local councilor (Putnam 1976): ethical, pragmatic, technocratic, political, and gender. According to the results of a study applying a standard written questionnaire among the local councilors of the three communities in the period December 2010-February 2013, the paper distinguishes among three corresponding types of local elites: (1) ‘predominantly elitistic,’ (2) ‘democratic elitist,’ and (3) ‘predominantly democratic,’ following two types of explanation accounting for the differences among the four cases: the legacy of the defunct regime and the degree of administrative decentralization. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Being and Freedom: On Late Modern Ethics in Europe by John SkorupskiJ. P. MessinaJohn Skorupski. Being and Freedom: On Late Modern Ethics in Europe. Oxford: Oxford University Press, 2021. Pp. 560. Hardcover, $130.00.John Skorupski's Being and Freedom traces the development of modern ethics in France, Germany, and England, as set in motion by two great revolutions: the French Revolution and Kant's methodological revolution in the Critique of Pure (...) Reason. I begin this review by offering [End Page 714] a brief summary of the book (which consists of eight lengthy chapters, an introduction, and a brief conclusion). I then raise some interpretive worries and offer an overall assessment.In chapter 1, Skorupski reminds us that the French Revolution, a physical struggle between opposing factions, was also a battleground of ideas. In opposing the ancien régime, revolutionaries took aim at the "Catholic-feudal order" (27). Underlying this order was an ethical view, "holism," according to which a person lives well through excellent performance of community roles assigned by family, state, and church. When individual interests conflict with these social roles, the latter take precedence. Revolutionaries (partially inspired by Rousseau) railed against this. On their view, persons were born for freedom, not the chains of traditional life. To realize such freedom demanded a radical democratic state. Here, too, fidelity to the ethical whole (the Republic) sometimes required sacrifices on the part of individuals. But in a properly constituted republic, these sacrifices would be self-imposed requirements of the general will.As revolution turned to terror and blood became the regular currency of sacrifice, critics like Guizot saw the ancien régime's parochialism as a symptom of a larger problem with its underlying ethics, one it shared with the radicals aligned against it: its commitment to holism. Holism says that some social entities have a good not reducible to the good of their members. Additionally, these social wholes have their own rights that sometimes override individual rights (28, 59). These features make it easy for holist orders to justify sacrificing individuals for collective goods. If this is the disease, individualism of the sort associated with Kantian ethics can seem to be the cure.Chapter 2 argues that the new critical philosophy resulting from Kant's "Copernican" Revolution is a mixed bag. On the one hand, Kant offers no good reason for positing a noumenal world and locating freedom there (77–79). On the other hand, there is lasting promise in the idea that morality follows from each person's individual autonomy. And yet, in the end, Kant's arguments fail here, too. For deriving morality from autonomy requires an explicit commitment to impartiality, which does not follow from autonomy (83–102). And, even when suitably modified, Kant's ethical principles risk emptiness if they fail to take content from our relationships and social roles (112, 148). Unfortunately, Kant suggests that doing so would perpetrate heteronomy, making such emptiness inevitable (102).By chapter 3, the tension between holist and individualist conceptions of ethics has become Skorupski's central leitmotif. On the one hand, individualists are well positioned to resist oppression and terror. On the other hand, individualism risks atomism and alienation from our attachments and feelings. Such alienation leads Schiller to reject Kant's views on freedom and virtue (161). For our author, this is as it should be.Skorupski next turns to Fichte. Although Fichte takes a step away from transcendental idealism by making intellectual intuition the hallmark of our subjectivity (173), he agrees with Kant that morality follows from autonomy. Indeed, for Fichte, autonomy commits us to striving for full self-sufficiency, which appears to court a similar atomism. Yet this impression is corrected when Fichte turns to politics. There, Fichte grounds rights (as permissible demands) in mutual recognition (182–83). This positions him to see the state and the family as ethical wholes (187–88), pointing away from Kantian individualism back toward holism.Hegel takes these steps away from Kant to their logical conclusion. As Skorupski explains in chapter 4, Hegel argues that the individualist systems grounded in autonomy and abstract right (Moralität) mark but stages on the way to moral... (shrink)

The article explores and formulates the applied functions of the archive. In addition to its function as a resource for understanding the past, the archive has important applied functions in the present. The task of defining the functions of the archive also requires defining the concept of the archive. For this aim, the concept of “archive” in the works of philosophers Alyda Assman, Michel Foucault and Jacques Derrida, as well as Ukrainian researchers – Vitaly Turenko, Volodymyr Prykhodko, Serhii Rudenko, Maryna (...) Palienko, was considered and studied. These philosophers have found a methodological connection with regard to the etymology of the ancient Greek term “Αρχη”. Detailed studies of the semantics of the concept of Αρχη allow to investigate the understanding of the origin of the functions of the archive. The French philosopher Michel Foucault considered the concept of the archive as a component of his ontological system, “Archaeology of Knowledge”, which explains the functioning of human knowledge, memory and power. So, Foucault explained the epistemological function of the archive. Another French philosopher, Jacques Derrida, focuses on the human desire to take hold of the past, which he calls “archive fever,” and develops this concept in his famous work “Archive Fever: A Freudian Impression”. Among the general concepts of the archive, Derrida focuses on the main and important political function of the archive, the embodiment of the archive in the body. The way the archive functioning is an important factor in the political regime, but at the same time it ensures the successful operation of the education system. In its various forms, the archive transmits to posterity information that appears as a warning and instruction based on the experience of the past. Based on these conditions, the archive acquires an important educational function in the modern world and forms the key ideological conditions for the functioning of society. (shrink)

What could a social-justice oriented, feminist data studies look like? The current datalogical turn foregrounds the digital datafication of everyday life, increasing algorithmic processing and data as an emergent regime of power/knowledge. Scholars celebrate the politics of big data knowledge production for its omnipotent objectivity or dismiss it outright as data fundamentalism that may lead to methodological genocide. In this feminist and postcolonial intervention into gender-, race- and geography-blind ‘big data’ ideologies, I call for ethical, anti-oppressive digital data-driven research (...) in the social sciences and humanities. I argue that a reflexive data scholarship can emerge from the reintegration of feminist and postcolonial science studies and ethics of care ideals. Although it is not a panacea for all ails of data mining, I offer a road map for an alternative data-analysis practice that is more power-sensitive and accountable. By incorporating a people-centric and context-aware perspective that acknowledges relationships of dependency, reflects on temptations, and scrutinises benefits and harm, an ‘asymmetrically reciprocal’ (Young, 1997) research encounter may be achieved. I bring this perspective to bear on experiences of a two-year research project with eighty-four young Londoners on digital identities and living in a highly diverse city. I align awareness of uneven relations of power and knowledge with the messy relation of dependency between human and non-human actors in data analysis. This framework productively recognises that digital data cannot be expected to speak for itself, that data do not emerge from a vacuum, and that isolated data patterns cannot be the end-goal of a situated and reflexive research endeavor. Data-driven research, in turn, shows the urgency for renewed feminist ethical reflection on how digital mediation impacts upon responsibility, intersectional power relations, human subjectivity and the autonomy of research participants over their own data. (shrink)

This paper makes the case for an environmental justice approach to the practice and study of participation and effectiveness in agrobiodiversity governance. It is argued that, in order to understand the conditions under which participation leads to improved outcomes, the concept has to be rethought, both from a political and a methodological perspective. This can be done by applying an ex-ante environmental justice approach to participation, including notions of distribution, recognition and representation. By exploring the approach through empirical examples of (...) participation in biodiversity and environmental governance, a research framework is outlined, attempting to bridge normative and practical approaches to environmental justice, and tested on two cases of agrobiodiversity governance in Western Europe. (shrink)

This essay proposes that subcultural practices such as gossip and fan writing are feminist epistemologies that can form radical archive inquiry and knowledge production, and creative outputs. Drawing on feminist new materialism and archive theory, I develop a set of principles for practice-based research methodologies that incorporate a researcher's intersubjective relationship with archive matter (e.g. records, documents, classification systems, social-material contexts) and consider the production of knowledge from such research as forms of tabulation. Fabulation here is seen as (...) part of a critically transgressive epistemological stance that expands feminist critiques of universalising master narratives and archive orthodoxies. My proposition, formed in part through a residency in the Woman's Art Library in London, is to name such research gestures ‘archive fanfiction’, where experimental and practice-oriented method moves with feminist politics and activism. (shrink)

One way to make philosophy of science more socially relevant is to attend to specific scientific practises that affect society to a great extent. One such practise is biomedical research. This paper looks at contemporary U.S. biomedical research in particular and argues that it suffers from important epistemic, moral and socioeconomic failings. It then discusses and criticises existing approaches to improve on the status quo, most prominently by Thomas Pogge (a political philosopher), Joseph Stiglitz (a Nobel-prize winning economist) (...) and James Robert Brown (a philosopher of science). Finally, it sketches an alternative proposal and argues for its superiority. The proposal has four components: changing the intellectual property regime; instituting independent clinical research; aligning innovators' and patients' interests; and enacting additional regulation. (shrink)

Tracking the relationship between the theory of press control and the realities of practicing daily press censorship prior to publication, this volume on the suppression of dissent in early modern Europe tackles a topic with many elusive and under-researched characteristics. Pre-publication censorship was common in absolutist regimes in Catholic and Protestant countries alike, but how effective it was in practice remains open to debate. The Netherlands and England, where critical content segued into outright lampoonery, were unusual for hard-wired press freedoms (...) that arose, respectively, from a highly competitive publishing industry and highly decentralized political institutions. These nations remained extraordinary exceptions to a rule that, for example in France, did not end until the revolution of 1789. Here, the author’s European perspective provides a survey of the varying censorship regulations in European nations, as well as the shifting meanings of ‘freedom of the press’. The analysis opens up fascinating insights, afforded by careful reading of primary archival sources, into the reactions of censors confronted with manuscripts by authors seeking permission to publish. Tortarolo sets the opinions on censorship of well-known writers, including Voltaire and Montesquieu, alongside the commentary of anonymous censors, allowing us to revisit some common views of eighteenth-century history. How far did these writers, their reasoning stiffened by Enlightenment values, promote dissident views of absolutist monarchies in Europe, and what insights did governments gain from censors’ reports into the social tensions brewing under their rule? These questions will excite dedicated researchers, graduate students, and discerning lay readers alike. (shrink)

Le contrôle de constitutionnalité, dont la magistrature parlementaire de l’Ancien Régime revendiquait le plein droit, n’était pas fondé uniquement sur les lois fondamentales du royaume, mais sur l’ensemble des principes (« les maximes ») tirés de la « Tradition ». Cette dernière était composée en premier lieu par le droit divin et le droit naturel, c’est-à-dire par des systèmes juridiques qui nécessitaient, tous les deux, une interprétation juridictionnelle ‘sapientiale’. Cette activité interprétative était ‘révélatrice’ d’un corpus de valeurs métaphysiques à (...) laquelle seule la Scientia Juris des magistrats pouvait puiser. Mais dans la sphère de la Tradition juridique rentraient aussi le « dépôt légal », c’est-à-dire l’ensemble de toutes les lois, même des lois ainsi dites « ordinaires », c’est-à-dire celles qui avaient été produites par la simple manifestation de volonté souveraine d’un roi prédécesseur « car tel avait été son plaisir » (moderne formulation du brocarde de droit romain : « quidquid principi placuit legis habet vigorem »). Ainsi la juridiction parlementaire donnait lieu à un jugement de constitutionnalité qui était normalement exercé de manière très flexible par le corps de la magistrature, dépendant des circonstances et des intérêts politiques momentanés des situations juridiques qu’elle voulait protéger. La hiérarchie des normes était ainsi un formidable instrument de protection de cet ordre juridique dont les legum doctores se sentaient les tuteurs. Elle était, donc, directement liée au gouvernement politique des juges. (shrink)

Ethics of social consequences as a form of satisficing non-utilitarian consequentialism can be one of the methodological basis of bioethics education. The primary values in ethics of social consequences are humanity, human dignity and moral rights, which are developed and realized in correlation with positive social consequences. Secondary values in ethics of social consequences include justice, responsibility, moral duty and tolerance. The author analyses human dignity and humanity as principles of bioethics education.

This article seeks to provide a historically well-informed analysis of an important post-Newtonian area of research in experimental physics between 1798 and 1898, namely the determination of the mean density of the earth and, by the end of the nineteenth century, the gravitational constant. Traditionally, research on these matters is seen as a case of “puzzle solving.” In this article, the author shows that such focus does not do justice to the evidential significance of eighteenth- and nineteenth-century experimental (...) research on the mean density of the earth and the gravitational constant. As Newton’s theory of universal gravitation was mainly based on astronomical observation, it remained to be shown that Newton’s law of universal gravitation did not break down at terrestrial distances. In this context, Cavendish’ experiment and related nineteenth-century experiments played a decisive role, for they provided converging and increasingly stronger evidence for the universality of Newton’s theory of gravitation. More precisely, the author shall argue that, as the accuracy and precision of the experimental apparatuses and the procedures to eliminate external disturbances involved increasingly improved, the empirical support for the universality of Newton’s theory of gravitation improved correspondingly. (shrink)

For the past half-century, issues relating to the ethical conduct of human research have focused largely on the domain of medical, and more recently social–psychological research. The modern regime of applied ethics, emerging as it has from the Nuremberg trials and certain other historical antecedents, applies the key principles of: autonomy, respect for persons, beneficence, non-maleficence, and justice to human beings who enter trials of experimental drugs and devices :168–175, 2001). Institutions such as Institutional Review Boards and Ethics (...) Committees oversee most governmentally-funded medical research around the world, in more than a hundred nations that are signers of the Declaration of Helsinki. Increasingly, research outside of medicine has been recognized to pose potential risks to human subjects of experiments. Ethics committees now operate in the US, Canada, the U.K. and Australia to oversee all governmental-funded research, and in other jurisdictions, the range of research covered by such committees is expanding. Social science, anthropology, and other fields are falling under more clear directives to conduct a formal ethical review for basic research involving human participants. The legal and institutional response for protecting human subjects in the course of developing non-medical technologies, engineering, and design is currently vague, but some universities are establishing ethics committees to oversee their human subjects research even where the experiments involved are non-medical and not technically covered by the Declaration of Helsinki. In The Netherlands, as in most of Europe, Asia, Latin America, or Africa, no laws mandate an ethical review of non-medical research. Yet, nearly 2 years ago we launched a pilot ethics committee at our technical university and began soliciting our colleagues to submit their studies for review. In the past year, we have become officially recognized as a human subjects ethics committee for our university and we are beginning the process of requiring all studies using human subjects to apply for our approval. In this article, we consider some of the special problems relating to protecting human participants in a technology context, and discuss some of our experiences and insights about reviewing human subjects research at a technical university, concluding: that not less than in medical studies, human participants used in technology research benefit from ethical committees’ reviews, practical requirements for publications, grants, and avoiding legal liability are also served by such committees, and ethics committees in such contexts have many similarities to, but certain other special foci than medical ethics committees. We believe that this experience, and these observations, are helpful for those seeking to establish such committees in technology research contexts, and for framing the particular issues that may arise in such contexts for the benefit of researchers, and nascent committees seeking to establish their own procedures. (shrink)

Professeure émérite à l’université Aix-Marseille et membre de l’UMR TELEMMe, Martine Lapied examine dans ce livre les modalités de la participation des femmes à la vie politique dans le sud-est de la France pendant l’Ancien Régime et la Révolution. Synthèse des travaux menés depuis la publication de sa thèse en 1996 portant sur les options politiques dans le Comtat Venaissin entre 1789 et 1794, le présent ouvrage confronte les pratiques politiques féminines décrites dans les archives avec les...

What children learn through their ethics and values education in school is of crucial societal relevance and is directed by school curricula. As curricula vary between countries, an international comparison is of interest. The aim of this study was to compare curricula to reveal variations in how matters of social justice were described in curricular texts, with a special focus on class, gender and race. Curricula from five different contexts were compared: Namibia; South Africa; California State, United States of America; (...) Province of Québec, Canada; and Sweden. This provided the study, originating in Sweden, with crucial comparative material from outside Europe. The studied curricula were systematically searched for the importance and significance of the terms ‘poverty/poor’, ‘gender’, ‘equity’, ‘equality’, ‘justice’, ‘race’, ‘racism’, ‘human dignity/rights’, ‘equal value’ and Ubuntu. Methodologically, this represented a qualitative content analysis approach with a research interest in intersectionality, that is, in how matters of class, gender and race intersect. The study showed considerable variation between the curricular formulations from the five contexts. For example, texts from California and Québec emphasised equality as a general matter and less as one of intersectionality, compared to Namibia and South Africa as well as Sweden. In general, human rights were emphasised, but human dignity less so. For future curricular development towards education as a global common good, matters of social justice, including sustainability, need critical monitoring. The aspects of intersectionality such as class, gender and race are thus crucial, as is the inclusion of an integrated, participatory view on students’ ethical competence. (shrink)

This article reflects on the research required in biographical studies. The biographical focus is on the role of three generations of the Schreiner family: W.P. Schreiner (one-time Prime Minister of the Cape Colony), Justice O.D. Schreiner (judge of the Appellate Division of the Supreme Court) and Professor G.D.L. Schreiner (scientist, academic, liberal and early conceptualiser of alternative models to apartheid). All three were involved in developing, defending and sustaining liberal policies and values in South Africa from the late 19th (...) century until the advent of democracy in 1994. The clarifications and contradictions within and between oral and written sources are examined, and individual cases are discussed in which they are highlighted. The research sources include family papers, official archives, publications and, crucially, oral testimony. The oral testimony includes formal and informal interviews. This study is a contribution to the history of a family, a university and a set of values. It covers a long period in South African history during which colonialism tightened into apartheid, resistance developed and the eventual vision of a democratic South Africa came to fruition. Contribution: The primary scientific contribution is the exploration of liberal policies and values in South African political and academic history through the prism of biography. Methodologically, the article discusses possible shortcomings with oral testimony when relied on as a sole source and examines how oral evidence can be utilised in conjunction with research based on archival and published sources to develop a fuller and more nuanced picture in biographical research. (shrink)

In an article recently published in the Oxford Journal of Legal Studies, the legal scholar Helen Reece argues that the prevalence and effects of rape myths have been overstated and the designation of certain beliefs and attitudes as myths is simply wrong. Feminist researchers, she argues, are engaged ‘in a process of creating myths about myths’ in a way that serves to close down and limit productive debate in this ‘vexed’ area. In this article we argue that Reece’s analysis is (...) methodologically flawed, crudely reductionist and rhetorically unyielding. We locate Reece’s analysis within the wider theoretical field to show how her failure to engage with feminist literature on rape other than in the narrowest, most exclusionary terms, yields an approach which impedes rather than advances public understanding and panders to a kind of simplistic thinking which cannot begin to grapple with the complexity of the phenomenon that is rape. We conclude by emphasizing the continuing commitment of feminist researchers carefully to theorize and map the fraught field of progressive legal strategizing in order to identify and counter the kinds of risks and shortcomings of political activism with which Reece is rightly concerned. (shrink)

This study reports on the preliminary outcome evaluation of the Magone Home Aftercare Program (MHAP), a faith-based juvenile justice residential facility in the Philippines that provides intensive aftercare treatment for adolescent males involved in the juvenile justice system after their time in a rehabilitation facility or community detention in their area of residence. Although evaluation studies are typically conducted using quantitative research methods, we believe a narrative research approach can be a useful methodology that elucidates “ why” (...) and “ how” or “ the story” behind the success of the program. As such, we evaluated the effectiveness of the MHAP in facilitating the reintegration of its beneficiaries through the stories they tell. Particularly, we analyzed and compared the life stories of MHAP beneficiaries who have been successfully reintegrated into their respective communities within the frame of redemptive narrative identity. The analysis of the interview data revealed that the life stories of these former beneficiaries contained redemption scenes in which they drew on adverse childhood experiences (extreme poverty, parental neglect, abuse, abandonment, and crime) in realizing their true selves (by gaining wisdom from the past, opportunities, new sources of strength, and desire to help others). Importantly, the redemption narratives also contained key life episodes that recognized the MHAP as the key to their successful reintegration into society. Such findings provide valuable information (i.e. how the program has achieved its objectives) to all levels of the MHAP, from program beneficiaries and front-line staff to decision-makers and funders, as well as community partners. (shrink)

We live in a society that promotes the universal process of producing knowledge and truth making as fundamental social process. Such promotion of universality seems to subjugate others forms of knowing rendering them invisible, unintelligible, and ineligible and subsequently outside the community of knowing. This has material and symbolic consequences in terms of how research informs policy and subsequent victimization of those who live, and experience subjugation meted by Western truth making universalism. In the words of Foucault, this book (...) is an insurrection of subterranean and clandestine knowledges in ways that provide not just an alternative process of knowledge production but affirms local knowledge as necessary in production of a just society. The book looks at research as a social justice and transformational process that should speak of people's ways of live without necessarily streamlining them into numbers. The book is a critically reflexive project in terms of returning processes of knowledge production to the local space rather than imagining them as entirely centred in the structure. To imagine this book as reflexive exercise is to break boundaries of knowledges in ways that come to imagine how local performs global in very complicated and complex ways. This book is a resurrection of local knowledges steeped in creative and imaginative reflexive methodologies that come to reorient how we come to know what we know, the values and realities that mark what we know and the how of knowledge production. It centres subjugated voices and knowledges as fundamental in production of knowledge. Contributors include: Katie Bannon, Elizabeth Charles, Khulood Agha Khan, Dionisio Nyaga, Fritz Pino, and Rose Ann Torres. (shrink)

In an age where digital images are omnipresent, the use of participant photography in qualitative research has become accessible and commonplace. Yet, scant attention is paid to the social justice impact of photovoice amongst studies that have used this innovative method as a way to promote social justice. There is a need to review this method to understand its contributions and possibilities. This literature review of photovoice research studies (i) explores whether authors implicitly or explicitly related the methodologies (...) to their aims of promoting social justice (methodology–method fit) and (ii) outlines the social justice research impact of photovoice findings using the framework of social justice awareness, amelioration and transformation. PubMed, Scopus, PsycINFO and Web of Science databases were searched from the years 2008–13 using the following keywords: photovoice; photonovella; photovoice and social justice; and photovoice and participatory action research. Of the 30 research studies reviewed, only thirteen identified an underlying methodology guiding the photovoice method. The social justice impacts emphasized were more related to social justice awareness (n = 30) than amelioration (n = 11) or transformation (n = 3). Future researchers using photovoice as a way to promote social justice are encouraged to assess and plan for the social justice impact desired. (shrink)

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of 'restitution' in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main (...) legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates 'privatisation' in a theory of post-communist transformation of property. (shrink)

In the past decade, policy-makers in science have been concerned with harmonizing research integrity standards across Europe. These standards are encapsulated in the European Code of Conduct for Research Integrity. Yet, almost every European country today has its own national-level code of conduct for research integrity. In this study we document in detail how national-level codes diverge on almost all aspects concerning research integrity – except for what constitutes egregious misconduct. Besides allowing for potentially unfair responses (...) to joint misconduct by international collaborations, we argue that the divergences raise questions about the envisaged self-regulatory function of the codes of conduct. (shrink)

This research discusses the history of a certain space in the capital of Hungary as the physical concretization of the Soviet Union’s ideological impact on the country. Even though this 360 meters × 85 meters territory has had a very short lifetime of circa sixty years, it has been the location of many political and cultural events of nationwide importance. After the territorial and chronological contextualization, this article introduces the story of all the planned, established, demolished or removed public (...) buildings and statues that were located there from the mid-20th century until 2011. The text contains art analysis and comparative research methodologies to point out the conscious allusions and unconscious correlations of different regimes and their aims and ideologies in time. The third section provides possible explanations and analyzing tools to understand the relevance and the possible future options of the square. Lastly, the paper points out further possible research directions to investigate the broader topic of the connection between an urban location and the representational will of the contemporary leadership from different angels. (shrink)

This article investigates dilemmas in the archiving and sharing of qualitative data in educational research, critically engaging with practices and debates from across the social sciences. Ethical, epistemological and methodological challenges are examined in reference to open access agendas, the politics of knowledge production, and transformations in research practices in the era of data management. We first consider practical and interpretive decisions in archiving qualitative data, then map current policy and regulatory frameworks governing research data management, taking (...) Australia as a case-study. We argue that governance and protocols for data sharing have not attended sufficiently to the distinctive ethical and methodological dimensions and knowledge claims of qualitative research. Instead, approaches associated with quantitative data are extrapolated in ways which construct an imaginary of decontextualised data, abstracted from the conditions of its production. We further argue for more critical attention to the double-edged affordances and ambivalent effects of data sharing and openness and to how data archives are imagined, constructed and curated. This includes greater acknowledgement of the affective and temporal dynamics involved in data archiving, understanding them as practices of (re)invention that also curate ‘archives for the future’ and help to foster an historicising imaginary in educational research. (shrink)

This article is about how rape survivors prepare themselves for courtroom appearances. Through it, the author attempts to take research on rape processing beyond a focus on the affective responses of rape “victims” have to the behavior of legal personnel and toward an investigation of the agency of rape survivors. The study builds on law and society research about lay litigants' efforts to use the U.S. civil court system, linguistic research about witnesses involvement in courtroom interaction, and (...) the existing literature on rape processing. It is based on face-to-face interviews with 32 survivors and 12 courtroom observations. The analysis is inductive; the presentation is ethnographic. The author explicates six types of preparation for court: appearance work, role rehearsal, emotion work, team building, role research, and case enhancement. The author discusses how survivors' perceptions of what the criminal justice process entails are reflected in the different preparation activities, and the author offers policy implications regarding the treatment of rape survivors in the criminal justice system. (shrink)

Modern science, whose methodologies give special privilege to using decontextualizing strategies and downplay the role of context-sensitive strategies, have been extraordinarily successful in producing knowledge whose applications have transformed the shape of the lifeworld. Nevertheless, I argue that how the mainstream of the modern scientific tradition interprets the nature and objectives of science is incoherent; and that today there are two competing interpretations of scientific activities that are coherent and that maintain continuity with the success of the tradition: "commercially-oriented technoscience" (...) and "multi-strategy research" . The greater part of this article is devoted to discussing what is involved in MS, by pointing to its positive research program in three areas , and its critical stance towards the innovations of CT, especially insofar as it makes use of the Precautionary Principle. In this way important dimensions of the agenda of science and technology for social justice, democratic participation and sustainability become clear. (shrink)

Reshaping our methodological research tools for adequately capturing injustice and domination has been a central aspiration of feminist philosophy and social epistemology in recent years. There has been an increasingly empirical turn in recent feminist and political theorization, engaging with case studies and the challenges arising from conducting research in solidarity with unequal partners. I argue that these challenges cannot be resolved by merely adopting a norm and stance of deference to those in the struggle for justice. To (...) conduct philosophical research in an engaged and solidaristic manner, I suggest that deference be supplemented by three methodological and normative principles: 1) epistemic humility, 2) accountability, and 3) co-producing knowledge. I situate these principles within contemporary philosophical work on solidarity, and show how they might help confront power imbalances and other methodological hazards that arise when conducting research in solidarity with others. I arrive at these principles in part by critically reflecting on my own attempt to conduct research in solidarity with women’s rights activists in Senegal. (shrink)

Abstract:This paper explores how Finnish research ethics deals with matters of justice on the levels of practical regulation, political morality, and theoretical studies. The bioethical sets of principles introduced by Tom Beauchamp and James Childress in the United States and Jacob Dahl Rendtorff and Peter Kemp in Europe provide the conceptual background, together with a recently introduced conceptual map of theories of justice and their dimensions. The most striking finding is that the internationally recognized requirement of informed consent for (...) research on humans can be ideologically tricky in a Scandinavian welfare state setting. (shrink)

Research in the History of Economic Thought and Methodology (RHETM) is a journal/book series dedicated to an interdisciplinary approach to a broad range of topics related to the history and methodology of economics. Volumes are divided into four parts: a monothematic section dedicated to research articles focused on a particular issue in the journal’s core fields of interest, a section including research articles of a more general nature, a section of newly-discovered archival materials, and a (...) section of review essays on new works in the history and methodology of economics. Founded by Warren Samuels in 1982, Research in the History of Economic Thought and Methodology is one of the oldest publication outlets in the fields of economic methodology and the history of economic thought. (shrink)

This article takes direction from the transnational feminist lesbian encounter that took place between the Dutch collective Sister Outsider and Audre Lorde in the 1980s to reflect on the role of archives within transnational feminist research. Drawing on archival materials from the International Archive for the Women’s Movement (IAV) at Atria (Institute on Gender Equality and Women’s History) in Amsterdam in the Netherlands, and the Audre Lorde Papers at Spelman College in Atlanta, Georgia in the United States, I consider (...) how fragmented archives offer stories on kinship, intimacy and loss. Taking into account the ‘absences’ and ‘presences’ (Lewis, 2017) produced in this archival research project, I propose an archival research methodology that is rooted in a practice of ‘orientation’ (Ahmed, 2006a, 2006b), ‘listening’ (Campt, 2017) and ‘intervention’ (Appadurai, 2003). (shrink)

Conducting feminist research during the global COVID-19 pandemic has evoked a renewed interest in the concept of care within our research team. The purpose of this paper is to provide concrete examples of how feminist ethics of care changed the initial and ongoing design of a community-engaged research project in Ontario, Canada. Drawing from examples and lessons learned, we focus on various adjustments to our methodological decision-making that intentionally honoured and prioritized our responsibilities to community partners, (...) class='Hi'>research participants, broader communities impacted by research, and the research team. By illustrating the methodological and ethical implications of these decisions, we argue that attending to these responsibilities prioritized both feminist research ethics and feminist ethics of care. As a result, we propose moving towards a conceptualization of a feminist research ethics of care, and discuss the value of this concept for researchers studying social justice. (shrink)

Situating medical and scientific research within a framework or theory of social justice is long overdue. Attempting to extend principles of research ethics beyond the clinic and lab to other affected people or consequences tolerates or obfuscates injustice. While it must be done, the timescales, methodologies, and commitment to real-world impact are quite different in research ethics versus political philosophy.

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some (...) argue luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Vast research has sought to better understand the origins and development of rape myth beliefs given the problematic influence of such misconceptions throughout global societies and criminal justice pathways. The current research aims to build on this body of literature by examining the contribution that psychopathic personality traits (affective responsiveness, cognitive responsiveness, interpersonal manipulation, egocentricity) and emotional intelligence may have upon rape myth beliefs. Furthermore, this study will investigate the extent to which sociodemographic characteristics (age, gender, ethnicity, education), (...) and prior experience of sexual victimisation, contribute to variance in rape myth acceptance scores. In total 251 participants (M Age = 31.66) completed an online, self-report questionnaire which included contemporary measures of psychopathy and rape myth acceptance, never previously tested in combination. Results of a hierarchical multiple regression analysis indicate that egocentricity, age, and gender were significantly associated with rape myth beliefs. Emotional intelligence, as well as affective and interpersonal traits of psychopathy, were not directly related with rape mythology. Findings are interpreted alongside previous research, where we suggest there is an urgent need for larger, nationally representative samples, systematically recruited from the general population to help clarify uncertainty in existing literature emerging from small-scale opportunistic datasets. (shrink)

Biometric identity systems are now a prominent feature of contemporary law enforcement, including in Europe. Often advanced on the premise of efficiency and accuracy, they have also been the subject of significant controversy. Much attention has focussed on longer-standing biometric data collection, such as finger-printing and facial recognition, foregrounding concerns with the impact such technologies can have on the nature of policing and fundamental human rights. Less researched is the growing use of voice recognition in law enforcement. This paper examines (...) the case of the recent Speaker Identification Integrated Project, a European wide initiative to create the first international and interoperable database of voice biometrics, now the third largest biometric database at Interpol. Drawing on Freedom of Information requests, interviews and public documentation, we outline the emergence and features of SiiP and explore how voice is recognised and attributed meaning. We understand Speaker Identification Integrated Project as constituting a particular ‘regime of recognition’ premised on the use of soft biometrics to disembed voice in order to optimise for difference. This, in turn, has implications for the nature and scope of law enforcement, people's position in society, and justice concerns more broadly. (shrink)

Research on sexual violence is fraught with ethical and methodological challenges due to its sensitive nature. This paper describes the ethical and methodological challenges encountered in planning and conducting two exploratory studies on sexual violence that included in-depth interviews of eight female adolescent rape survivors in Ibadan and four married women in Lagos Nigeria who were raped, forced to perform sexual acts and sexually deprived. The first challenge encountered was an Institutional Review Board requirement to obtain parental permission from (...) adolescents, when such a requirement may place the adolescent at risk if a parent was a perpetrator of sexual violence. Using arguments emphasizing the Council for International Organization for Medical Sciences guidelines helped convince the IRB to provide a waiver of parental consent. Second, the privacy required to conduct in-depth interviews for rape survivors was difficult to achieve because five of the rape survivors were apprentices who work in public settings which are typically used to conduct business in the informal sector. To overcome this challenge, interviews were conducted in safe locations, investigator's offices and homes of survivors. The culture of silence associated with sexual violence posed a challenge because it encourages perpetration of violence with impunity causing rape survivors to suffer in silence. None of the affected adolescents had sought judicial redress for rape despite availability of stringent punishment for this behaviour. Referral information was provided on where survivors could seek care. Interviews with the women could not be recorded on audio-tapes because of concerns that their partners might identify their voices from the tapes and punish them for this. Although research on sexual violence poses ethical and methodological challenges, it is not only desirable but also feasible to conduct such research in ways that ensure safety of participants. (shrink)

Rule of law is a concept that is regularly debated by legal philosophers, often in connection to discussion of the concept of law. In this article, the focus is not on the substance of the conceptual claims, but on the methodologies employed by legal philosophers, investigating seminal articles on the rule of law by Joseph Raz and Jeremy Waldron. I argue that their philosophical argumentations often crucially depend on empirical or legal doctrinal arguments. However, these arguments remain underdeveloped. I explore (...) how these arguments could be linked to approaches related to rule of law in different fields of legal scholarship and investigate how the methodologies of these fields may complement each other. Thus, the article aims to provide an argument for a specific form of triangulation of three kinds of approaches to the rule of law: philosophical, social-scientific and legal doctrinal. This method of triangulation is illustrated by a discussion of the World Justice Project’s Rule of Law Index. (shrink)

The aim of this article is to describe the phenomenon of male rape from the victims’ perspectives. The methodology employed relied on transcendental phenomenology in order to create the rich descriptions of the lived experiences of three male survivors of rape. From the descriptions elicited from the formulation of an open-ended question, it was discovered that the phenomenon of male rape has a dominant structure that is related to the destruction and reconstruction of the masculine self. The research (...) also revealed several textural themes that include the characteristics of the assault, treatment and support that victims receive, the effects of the assault on the self, disclosure, the learning and life changes brought about by the assault, the victims’ feelings towards their assailants and the effect of the assault on the victims’ relationships. This study hopes to facilitate further descriptive research on the phenomenon of male rape in order that greater knowledge be gleaned and applied regarding its prevention and healing processes. (shrink)

Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, Bourdieu’s, and Marx and (...) Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of democratic social change in America. The sample comprised the Articles of Confederation, the U.S. Declaration of Independence, The Federalist Papers, and the U.S. Constitution. The documents were retrieved from the National Archives and Library of Congress. The data analysis plan incorporated successive comparison, situational and dramaturgical analysis, deconstruction, and perspective taking as strategies. The result was the construction of a democratic social change process theory preceded by five grounded theories: (a) first principles of democracy, (b) first principles of democracy conceptual framework, (c) socio-ethical principles of democracy, (d) demoralizing process, and (e) either-or approach to democracy. Positive social change implications include applying a democratic social change process to future social change endeavors across domains and levels of analysis, a normative framework for a republican form of government, and a tool to analyze and minimize the latent consequences of social justice policies. (shrink)

Committees established for the ethical review of research involving animals have become a widespread legal standard around the world. Despite many differences in their composition, powers, and institutional settings, they share many common problems related to the well-established standards of procedural justice in administrative practice. The paper adapts the general theory of procedural justice to the specific context of ethical review committees. From this perspective, the main concerns over the procedural aspects of the ethical evaluation of research projects (...) are identified and examined. They include in particular the standards of the committees’ composition, impartiality, fair hearing, appeal, transparency, and benevolence. Their proper reflection in the regulatory regimes of animal ethics committees is necessary to secure the standards of fairness of the ethical review itself. This, in turn, is a condition of the moral and social legitimacy of all administrative and quasi-administrative procedures, including the committees’ operations. (shrink)