During 1995, there was a major shift in the United Kingdom in the debate of whether it is right for nurses to strike. The Royal College of Nursing, the former advocate of a non-industrial action policy, moved towards the UNISON position that industrial action is ethical in some circumstances, as well as the necessary thing to do. The authors, both nurses and UNISON officials, look at the reasons for this change and why UNISON’s historical position sees industrial action (...) as an effective weapon in defending services, as well as wages and jobs. It can be right to strike. (shrink)

Within the small body of philosophical work on strikes, to participate in a strike is commonly seen as to refuse to do the job while retaining one’s claim upon it. What is the relationship, though, between liberalism and the right to strike? This is our main question.

Only a fool would attempt to discuss the morality of strikes in twenty-five pages or less, and even he will fail. For one thing he can be sure in advance that whatever conclusions he might come to will be ridiculed as outrageous, prejudiced or self-serving by one party or the other. There is, in particular, the accusation that the attempt to discuss in moral terms what is essentially a political issue, is itself an exercise in bourgeois politics disguised as morals, (...) their morals but not ours. But there is also, and more worrying to my mind, the sheer complexity of the issues. This complexity is, however, simply unmanageable in the space available, and I have gone instead for the simple story, in the hope that the essentials will stand out that much more clearly. Whether I have got the right essentials, whether the elegance of the picture compensates for its lack of realism, is something that will have to emerge. (shrink)

During 1995, there was a major shift in the United Kingdom in the debate of whether it is right for nurses to strike. The Royal College of Nursing, the former advocate of a non-industrial action policy, moved towards the UNISON position that industrial action is ethical in some circumstances, as well as the necessary thing to do. The authors, both nurses and UNISON officials, look at the reasons for this change and why UNISON’s historical position sees industrial action (...) as an effective weapon in defending services, as well as wages and jobs. It can be right to strike. (shrink)

ABSTRACT L. J. MacFarlane has contended that the right to strike is a keystone of democratic society. The right to strike is a right to free expression, association, assembly and power. And the right to strike is dependent upon the right to employment. MacFarlane denies that the right to employment is a universal right. I argue that unless the right to work is indeed universal MacFarlane's main contention is false. (...) Forced unemployment is, amongst other things, the denial of full citizen status, for the range of liberties that constitutes the right to strike is essential to full participation in democracy. It is only when the traditional liberty‐rights of free expression and striking are seen as being based upon such recipient rights as rights to media space and time and upon the right to work, that they can play their proper democratic role. This conception of those rights is missing from the work of Rawls and Nozick as well as from MacFarlane. (shrink)

Only a fool would attempt to discuss the morality of strikes in twenty-five pages or less, and even he will fail. For one thing he can be sure in advance that whatever conclusions he might come to will be ridiculed as outrageous, prejudiced or self-serving by one party or the other. There is, in particular, the accusation that the attempt to discuss in moral terms what is essentially a political issue, is itself an exercise in bourgeois politics disguised as morals, (...) their morals but not ours. But there is also, and more worrying to my mind, the sheer complexity of the issues. This complexity is, however, simply unmanageable in the space available, and I have gone instead for the simple story, in the hope that the essentials will stand out that much more clearly. Whether I have got the right essentials, whether the elegance of the picture compensates for its lack of realism, is something that will have to emerge. (shrink)

This paper explores the moral and legal status of the right to strike from a contractualist perspective, broadly construed. I argue that rather than attempting to ground the right to strike in the principle of association, as is commonly done in the ongoing legal debate, it ought to be understood as the assertion of a second-order moral right to self-determination within economic life. The controversy surrounding the right to strike thus reflects and depends (...) upon a more basic question of the legitimate scope of reason giving. I conclude that the right to strike, understood as an assertion of a right to self-determination, enjoys presumptive or pro tanto legitimacy apart from the merits or demerits of particular strike demands. (shrink)

Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons’ free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent (...) the hunger strike as noncoercive and nonviolent. I articulate an alternative, dual account of the right to hunger strike. On the remedial argument, the right to hunger strike should be legally protected as a right to petition for redress, in light of incarcerated people’s structural vulnerability to abuse and given inadequate grievance mechanisms. The constructive argument derives the right to hunger strike from the right to resist oppression and stresses the normative permissibility of the use of coercive tactics to defend one’s liberty interests in the face of carceral oppression. -/- . (shrink)

The nurse asks the ethics consultant what can be done to stop the patient’s blogging. R.J.’s messages on the public forum are taking their toll on the care environment and the health care providers...

The bioethics literature on collective labor protest actions by health professionals is modest and recent, focusing almost exclusively on strike actions—although that is beginning to change. The essays in this special section of the CambridgeQuarterly seek to further explore many of the key ethical issues in some detail. The authors analyze existing ethical tensions and propose responses (none presume to call them solutions) to the increasingly hostile conflicts between licensed health professionals and the new corporate management of healthcare organizations.

The development of access rights as, perhaps, a replacement for copyright in digital rights management (DRM) systems, draws our attention to the importance of ‚the balance problem’ between information industries and the individual user. The nature of just what this ‚balance’ is, is often mentioned in copyright writings and judgments, but is rarely discussed. In this paper I focus upon elucidating the idea of balance in intellectual property and propose that the balance concept is not only the most feasible way (...) to examine whether past solutions to copyright problems are fair, but it also provides the ability to predict what will be the better solution for all affected parties. Based upon an envy-free contribution towards predicting the efficient balance, game theory is applied in a novel manner to the DRM problem to infer where and what might be the optimal balance in the debate over the nature of access right. (shrink)

This paper addresses the question of whether the interest liberal societies have in producing liberal citizens gives liberal societies the right to regulate the affairs of illiberal groups. It claims that attempts by Rawls and Galston to make liberalism more “pluralism friendly” by reducing the demands for liberal citizenship fail, and it explores arguments by Amy Gutmann, Susan Moller Okin, Eamonn Callan and Will Kymlicka that support a stronger interest in regulating the socialization practices of illiberal groups. The main (...) conclusion of the article is that we must seek for a context-sensitive balance between the need to produce liberal citizens and other liberal values such as freedom of conscience. (shrink)

This paper discusses the role of religious speech in the public square and the common school. It argues for more openness to political theology than many liberals are willing to grant and for an educational strategy of engagement over one of avoidance. The paper argues that the exclusion of religious debate from the public square has dysfunctional consequences. It discusses Rawls’s more recent views on public reason and claims that, while they are not altogether adequate, they are consistent with engagement. (...) The outcome of these arguments is applied to three ‘hot button’ issues in US education: creationism, an issue of gay rights, and teaching the Bible in schools. (shrink)

This paper addresses the question of whether the interest liberal societies have in producing liberal citizens gives liberal societies the right to regulate the affairs of illiberal groups. It claims that attempts by Rawls and Galston to make liberalism more “pluralism friendly” by reducing the demands for liberal citizenship fail, and it explores arguments by Amy Gutmann, Susan Moller Okin, Eamonn Callan and Will Kymlicka that support a stronger interest in regulating the socialization practices of illiberal groups. The main (...) conclusion of the article is that we must seek for a context-sensitive balance between the need to produce liberal citizens and other liberal values such as freedom of conscience. (shrink)

Under the first-past-the-post electoral system that is still deeply entrenched in such democracies as Canada and the United States, it is not at all uncommon in a provincial, state, or federal election for there to be a striking lack of correspondence between the share of the seats a political party is able to win and its share of the popular vote. From the standpoint of the democratic ideal what is morally unacceptable about this system is that the right to (...) vote it confers on members of the electorate is not a defensible instantiation of the fundamental right citizens have to participate on terms of equality in the collective decision-making processes that help to determine their options in life. Three common attempts by defenders of the system to shield it from this objection are considered and rejected. (shrink)

Under the first-past-the-post electoral system that is still deeply entrenched in such democracies as Canada and the United States, it is not at all uncommon in a provincial, state, or federal election for there to be a striking lack of correspondence between the share of the seats a political party is able to win and its share of the popular vote. From the standpoint of the democratic ideal what is morally unacceptable about this system is that the right to (...) vote it confers on members of the electorate is not a defensible instantiation of the fundamental right citizens have to participate on terms of equality in the collective decision-making processes that help to determine their options in life. Three common attempts by defenders of the system to shield it from this objection are considered and rejected. (shrink)

This paper discusses the role of religious speech in the public square and the common school. It argues for more openness to political theology than many liberals are willing to grant and for an educational strategy of engagement over one of avoidance. The paper argues that the exclusion of religious debate from the public square has dysfunctional consequences. It discusses Rawls’s more recent views on public reason and claims that, while they are not altogether adequate, they are consistent with engagement. (...) The outcome of these arguments is applied to three ‘hot button’ issues in US education: creationism, an issue of gay rights, and teaching the Bible in schools. (shrink)

The reemergence of the question of suicide in the medical context of physician-assisted suicide seems to me one of the most interesting and fertile facets of late modernity. Aside from the disruption which this issue may cause in the traditional juridical relationship between individuals and the state, it may also help to transform the dominant conception of subjectivity that has been erected upon modernity's medicalized order of death. To enhance this disruptive potential, I am going to examine the perspectives on (...) death offered by two contemporary writers: Zygmunt Bauman and Jean Baudrillard. Each of these writers recognizes the centrality of death to modern culture, as Heidegger did, but they also go beyond him in specifying the ways in which death maintains a presence in late modernity, despite efforts to conceal it. In particular, both of these writers recognize the important role that medicine has played in ordering the modern conception of death. After situating these two perspectives in relation to each other, and in relation to Heidegger, who will serve here as a sort of benchmark, I will return to the issue of suicide. Given the differences in their readings of the role that death and medicine play in modern culture, these post-Heideggerians take strikingly different positions on this issue. By engaging these perspectives, I intend not only to point out the tremendous potential which this issue holds for a fundamental rethinking of modern subjectivity, but also reveal some of the dangers that may beset any naive optimism about the right to die. (shrink)

1. Among the most striking features of the political arrangements on this planet is its division into sovereign states.1 To be sure, in recent times, globalization has woven together the fates of communities and individuals in distant parts of the world in complex ways. It is partly for this reason that now hardly anyone champions a notion of sovereignty that would entirely discount a state’s liability the effects that its actions would have on foreign nationals. Still, state sovereignty persists as (...) a political fact. The number of states has increased enormously due to upheavals of the 20th century, and there is nothing in principle morally wrong with the existence of states - or so we will assume.2 What must be explored, then, are the limits of normatively plausible sovereignty. How bad does a government have to be for outsiders to be allowed to interfere? What responsibilities does a country incur because of its contribution to global warming? What obligations arise through trading? In this paper, we explore another pertinent question: to what extent is a country allowed to influence who lives on its territory by regulating immigration? The angle from which we approach this question continues to be neglected even now that questions of global justice are receiving much attention. Immigration amounts to a change in political relationships as immigrants alter their standing within one community and acquire a status elsewhere. Yet it also amounts to an alteration in physical relationship, since they acquire a relationship to a territory, making a life for themselves with the resources offered by a part of the earth.3 We base our exploration of.. (shrink)

This article argues that universities have duties to negotiate contracts with the pharmaceutical industry that are favourable to the world’s poor, and to do more research into diseases which disproportionately strike the global poor. It is argued that these duties are related to human rights (in particular to a human right to health) and that they are therefore very weighty. Furthermore, these duties are in line with some of the most important things that Universities Allied for Essential Medicines (...) (UAEM), a worldwide group of students and academics, wants universities to do. A number of objections are discussed, among other things to do with safeguarding pharmaceutical innovation, and it is argued that the aforementioned duties should, as UAEM also advocates, often be combined with efforts on the part of universities to work towards more long-term, large-scale institutional arrangements to ensure access to and availability of essential medicines for the global poor. -/- . (shrink)

Recent scholarship has insisted on a more historically attentive approach to civil disobedience. This article follows their lead by arguing that the dominant understanding of civil disobedience relies on a conceptual confusion and a historical mistake. Conceptually, the literature fails to distinguish between violating a law and defying the authority of a legal order. Historically, the literature misreads the exemplary case of Martin Luther King Jr. in Birmingham, Alabama. When read in its proper context, we can see King was not (...) just a civil disobedient, violating the law in a way that shows fidelity to the law. He was a radical disobedient, challenging the authority of the legal order. As such, he was part of a long tradition of radical disobedience, extending back through militant strikes of the labor movement. The character of this disobedience was evident, both to its main protagonists, like King and Eugene V. Debs, and to its major opponents, especially the courts. In reconstructing these historical cases, I revise the civil disobedience literature and demonstrate the distinctiveness of the radical disobedience concept. (shrink)

Arendt was famously dismissive of the work of psychologists, claiming that they did nothing more than reveal the pervasive ugliness and monotony of the psyche. If we want to know who people are, she argued, we should observe what they do and say rather than delving into the turmoil of their inner lives; if we want to understand humanity, we would be better off reading Oedipus Rex than hearing about someone’s Oedipus complex. The rejection has a certain coherence in the (...) context of her understanding of public life as the realm of appearance and opinion, but examining it through the specific question of ugliness complicates that understanding. While beauty invites us to contemplate the world and admire it, ugliness repels our attention and sows the seed of a worry that the world might not want to be known. Working with Eichmann in Jerusalem, The Life of the Mind: Thinking, the Kant lectures and a striking Denktagebuch entry in which she reacts with revulsion to Matisse’s Heads of Jeannette, I argue that Arendt’s response to the ugly psyche requires a re-examination of the sensus communis. If the psyche does not want to be known, and if not all points of view are open to imaginative occupation, the ideal and practice of enlarged mentality must reckon with a right to opacity. (shrink)

In this book, Maskivker argues that there ought to be a right not to participate in the paid economy in a new way; not by appealing to notions of fairness to competing conceptions of the good, but rather to a contentious (but defensible) normative ideal, namely, self-realization. In so doing, she joins a venerable tradition in ethical thought, initiated by Aristotle and developed in the work of important eighteenth and nineteenth century thinkers including Smith, Hume, and Marx.The book engages (...) on-going debates (in both philosophical and real world political and social policy circles) about the provision of basic income grants, necessary to make the possibility of self-realization real for all. Traditional defenses of unconditional welfare benefits emphasize ideals of state neutrality when they claim that society should not discriminate against preferences for leisure in favor of preferences for work. According to these views, the state ought not to interfere with people’s choices about what constitutes the "good life." In contradistinction, Maskivker offers an innovative argument in defense of a particular ideal of the "good life," namely, life-goals directed at the pursuit of self-realization. However, her understanding of self-realization appeals to modern and contemporary values of freedom and pluralism. In a refreshingly new light, the book strikes a balance between fascinating debates on the conditions of human flourishing on the one hand, and heated discussions about the Welfare State on the other. (shrink)

By using multilevel mediation involving 322,589 posts made by 384 musicians over 104 weeks, we simultaneously analyze the short-term and long-term effects of charity-related signaling on sales, with social media engagement as the mediator. Specifically, we compare the effects of charity-related signals with those of two other types of signals: mission-related (i.e., promoting music and commercial products) and non-mission-related (i.e., other posts that do not relate to the other two categories). In the short term, the indirect effect of using charity (...) signaling on sales (through engagement) is positive, though smaller than the effects of mission-related and non-mission related signals. However, in the long term, the indirect effect of regularly using charity-related signaling on sales (through long-term engagement) is greater than for the effects involving the other types of signals. We derive from these findings three main implications for the business ethics literature. First, in the long term, the mutual economic benefits of charity signaling should encourage both entities (i.e., musicians and charities) to go beyond short-term, transactional philanthropy. Second, because it is profitable for musicians to partner with charities in the long-term, our research argues that charities have extensive bargaining power in such co-branding decisions. Third, our research highlights the importance of studying the longitudinal aspects of co-branding decisions involving non-profit organizations; the financial outlook of such decisions could greatly vary depending on the timeframe (i.e., short vs. long). (shrink)

In this article, I offer an outline of the papers comprising the special issue. I also provide a brief overview of its topic, namely, the friction between cyber security measures and individual rights. I consider such a friction to be a new and exacerbated version of what Mill called ‘the struggle between liberties and authorities,’ and I claim that the struggle arises because of the involvement of public authorities in the management of the cyber sphere, for technological and state power (...) can put individual rights, such as privacy, anonymity and freedom of speech, under sharp devaluating pressure. Finally, I conclude by stressing the need to reach an ethical balance to fine-tune cyber security measures and individual rights. (shrink)

Imagine that you are a farmer living in Kenya. Though you work hard to sell your produce to foreign markets you find yourself unable to do so because affluent countries subsidize their own farmers and erect barriers to trade, like tariffs, thereby undercutting you in the marketplace. As a consequence of their actions you languish in poverty despite your very best efforts. Or, imagine that you are a peasant whose livelihood depends on working in the fields in Indonesia and you (...) are forcibly displaced from your land by a biofuels company because corrupt government officials have stolen the land and sold it to the company. Or, suppose that you work on the coast of Bangladesh but find that increasingly you are unable to cope with salination resulting from sealevel rise – a product of anthropogenic climate change. These, I believe, are cases of global injustice. My question is: What are those who bear the brunt of global injustice entitled to do to secure their, and other people’s, entitlements? Often people focus on the duties of the affluent to respect and uphold the rights of the disadvantaged. This is understandable. But there is a striking omission. Rarely do people analyze, or even mention, what those who lack their entitlements are entitled to do to secure their own rights. This is my focus in this paper. More specifically, I examine what agents are entitled to do to change the underlying social, economic and political practices and structures in a more just direction. (shrink)

A major revision of the animal rights bible, referencing changes from the last 10 years including the rise of social media.

In this paper I am concerned to address the question of voluntary or self‐willed death from two distinct positions—a particular community's socio‐religious practice (viz. Jaina sallekhanā) and as the matter stands in law (penal code, constitution, judicial wisdom, etc.) in India—in the light of the recent move by a bench of its apex court striking down the penal code section proscribing suicide. I also wish to draw out some implications of these deliberations for the beneficence of medical practice and related (...) bio‐ethical ramifications in the Indian context. (shrink)

The aim of this essay is to synthesize as well as to analyze the conceptual evolution of 1860s Russian nihilism in general and its notion of negation in particular. The fictitious characters that traditionally have been informing the popular notion of “Russian nihilism” mainly refer to an antinihilistic genre. By analyzing nihilism also on the basis of primary sources, the antinihilistic notion of nihilism is nuanced, enabling a more comprehensive analysis of the movement’s different aspects. In some instances, Russian nihilism (...) has been taken out of context and portrayed as a monolith; its pursuit of “negation” interpreted literally. In this essay, a dialectical relation emerges, between affirmation and negation on the one hand as well as between the nihilist “children” and their idealist “fathers” on the other. Despite its radical stance, nihilism consists of a reconciliation of opposites. Although nihilists fought for autonomy, revolution and a new society, the movement was ironically stuck in a continuous negation of its inspirers and forerunners. (shrink)

Recent labor disputes between registered nurses and hospitals in Minnesota, California, and Pennsylvania raise moral questions about nurses’ professional obligations, nurses’ right to collectively bargain to preserve or improve wages, benefits, and working conditions, and patients’ right to medical care. Deontology and consequentialism focus too narrowly on nurses and patients, and thus ignore the nature of the healthcare community as a system of competing interests. When considered in this context, nurses’ strikes are shown to be consistent with this (...) system of competing interests, and thus are morally permissible. (shrink)

The present article focuses on the case of the 2012 hunger-strike of Palestinian prisoners in Israeli jails. We analyze the ethical dilemma involved in the way the Israeli medical community reacted to these hunger-strikes and the question of force feeding within the context of the fundamental dual-loyalty structure inherent in the Israeli Prison Services—system. We argue that the liberal perspective that focuses the discussion on the dilemma between the principle of individual autonomy and the sanctity of life tends to (...) be oblivious to the asymmetrical relation of power that characterizes the prison system and to the socio-political context in which hunger-strikes take place. Emphasizing hunger-strikes as political acts implies that health practitioners’ conducts cannot be analyzed only through the prism of clinical medical ethics. It requires a public health ethics’ approach, an approach that understands health in the context of the complex relationship between society, state, organizations, communities and individuals. The authors are both academics and volunteers in Physicians for Human Rights—Israel thus our analysis is based both on sociological and public health ethics principles and on the continuous work and advocacy for the right to health of prisoners. (shrink)

The US has conducted or routinely conducts personality and signature drone strikes into Afghanistan, Pakistan, Iraq, Syria, Yemen, Somalia, and most likely other states as well. The US does this in order to disrupt, dismantle, and defeat terrorist organizations. In some of these attacks, states have given their expressed or tacit consent to the US to conduct these drone strikes. However, some states do not consent to the US conducting kinetic drone strikes within their territory. In these cases, it seems (...) prima facie reasonable to suggest that these acts or use of force are unjustified because they violate the political sovereignty and territorial integrity of a non-consenting state. Furthermore, the US is not at war with these other states so there is no leeway in suggesting that a state has a right to conduct these operations against another state. As it currently stands, attempting to use jus ad bellum criteria to discern a state’s moral justification for implementing force short of war is not only unhelpful but fails to provide a reasonable framework. The use of armed drones is a recent phenomena that will continue to evolve, and with this comes a need for establishing a set of moral guidelines on a state’s implementation of them. In an attempt to remedy this shortcoming, we need to look at drone strikes not as an act of war but as an act or force short of war. I want to make the case that drone strikes can be morally justified using the Responsibility to Protect norms. That is, the Responsibility to Protect norms should be the guiding norms with regard to jus ad vim. Incorporating the R2P norms into a jus ad vim account provides a framework of when states can morally resort to the use of force. (shrink)

In a candid autobiographical chapter (Hirst 2010), which numbers among his last writings, Paul Hirst subjects his upbringing within a fundamentalist Christian sect to searching moral appraisal. He concludes that his parents wronged him by religiously indoctrinating him, stifling his emotional development, and arbitrarily restricting his range of valuable morally permissible experiences. This upbringing undermined his autonomy and—more fundamentally, on his account—kept him from living the life he had most reason to live. Surprisingly, however, Hirst suggests that his parents had (...) a right to initiate him into this conservative religious life, though the wider community owed him a more non-directive form of religious education to temper it. This is a striking concession to the scope of parental rights, especially in view of Hirst’s complaint that the emotional repression required by his parents was to ‘distort [his] experience and understanding of [himself] and others in ways that persisted well into [his] adult life’. Engaging with Hirst's evaluation of his upbringing, I argue for a narrower range of parental rights than Hirst–one which excludes a parental moral right to religious initiation–and provide an account of the kind of emotional experiences to which children plausibly have a right. (shrink)

This article explores the tension between competing discourses within the European Union, as this regional trading bloc seeks to capture further gains from market integration, whilst simultaneously attempting to soften the social impact of regional competition within its borders. This article analyzes the difficulty of maintaining the European social model, or a revised version of it, in the context of increased market integration. Through a close reading of two cases decided by the European Court of Justice in 2007, the article (...) interrogates the extent to which discourses on social rights at the EU level can be made sufficiently robust to ensure the application of international or national labor standards as a buttress against increasingly mobile capital, in order to prevent “social dumping." It concludes, however, that the terms on which the foundational texts of the EU integration project operate—elevating “market" rights to equal, fundamental, status with social and labor rights—means that the exercise of social rights such as the right to strike is ultimately contingent on their compatibility with market integration. (shrink)

In the United States, there has been a continuous debate between those who favour collective bargaining for nurses and those who believe it is not professional. Likewise, the controversy over whether nurses should strike has been longstanding and continues today. Those who oppose the idea of nurses striking often state that they are abandoning their patients, and that it is not ethical, even though federal legislation requires a 10- day strike notice so that management can make patient care (...) arrangements. The American Nurses Association (ANA) has supported the right of nurses to strike, as a last resort and after careful consideration of every factor. This support has divided the membership of ANA and the nursing profession, even though the strikes have been used sparingly and effectively by nurses in this country; and so the debate continues. (shrink)

Despite "progressive" legislative changes concerning the LGBT collective and assisted reproductive technologies (ARTs) in Argentina, women and their sexual and reproductive rights have been overlooked. This article presents a critical perspective of some of these legislative modifications in the country. It addresses why some legislators and society are prepared to challenge a conservative or traditional approach for certain groups while ignoring others. Several factors are at play. There is no all-inclusive explanation. I stress that a striking double standard prevails in (...) Argentina with respect to women and their sexual and reproductive rights. I also contend that powerful discrimination exists, in particular against poor women, who continue to suffer and are "punished" by the criminalization of abortion. (shrink)

In this volume, a distinguished philosopher and moral rights theorist examines important changes that have occurred in our thinking about rights since first mention of them was made in early modern times. His inquiry is framed by an opening question and a concluding response. The question is whether the Greeks had any conception of a moral right. Some argue that they did not, on the ground that they had no word for a right. Others claim that they did, (...) since they employed certain locutions, the equivalents of which in our language are tied to some notion of a moral right. Professor Melden reviews in detail some of the most important historical conceptions of rights and examines serious questions raised by the fact that there have been striking changes in our thinking about rights. His discussion elucidates the place of moral rights in the broader network of moral concepts, along with the role they should play in our moral lives. Among the fundamental issues raised and discussed are those concerning the ways in which we are to understand various sorts of rights, the relation of special moral rights to our basic human rights, the now familiar claim that there are animal rights, the nature of moral progress, and the dream of a moral science. (shrink)

We argue that the post-9/11 environment has amounted to a substantive change in the longstanding United States relationship with the international human rights regime. We identify three distinct phases of that relationship, noting that in the most recent phase, since 9/11, the US has moved from passive support of the international human rights regime to a direct attack of that regime. Realist and liberal regime theories suggest that the human rights regime is relatively weak, and is unlikely to withstand such (...) an attack. We find that the regime has not only continued to persist, but has flourished even as US support has faltered. The human rights regime is surprisingly strong. We argue it is the ideological nature of the regime that explains its resilience, which suggests that constructivist theory is necessary to fully understand the human rights regime. (shrink)

This contribution addresses some bioethical and medico-legal issues of the opinion formulated by the Italian National Bioethics Committee (CNB) in response to the dilemma between the State’s duty to protect the life and health of the prisoner entrusted to its care and the prisoner’s right to exercise his freedom of expression. The prisoner hunger strike is a form of protest frequently encountered in prison and it is a form of communication but also a language used by the prisoner (...) in order to provoke changes in the prison condition. There are no rules in the prison regulations, nor in the laws governing the legal status of prisoners, that allow the conscious will of the capable and informed subject to be opposed and forced nutrition to be carried out. However, this can in no manner make therapeutic abandonment legitimate: the medical doctor should promote every action to support the patient. In the recent opinion formulated by the CNB it was remarked how self-determination is a central concept in human rights and refers to an individual’s ability to make autonomous and free decisions about his or her life and body. (shrink)

Among the collective as well as individual responsibilities of nurses as professionals is that of maintaining and improving the quality of nursing care. In exchange for monopoly status and professional authority to control nursing practice, the profession is charged with the responsibility of meeting the nursing care needs of the community. If one claims, as I do, that one of the collective responsibilities of nurses is maintenance of high nursing standards, we must examine what action is required of nurses who (...) find themselves in work contexts in which standards and practice are deficient. Specifically, is the strike weapon one that may or even ought to be used? In this essay, answers to the following two questions are advanced: (a) What conditions must obtain for it to be (morally) right for nurses in a particular health care facility to strike? (b) Does their collective responsibility with regard to nursing standards and practice ever entail that a group of nurses has a (moral) duty to strike? The essay concludes with a consideration of how one balances the collective responsibility to maintain and improve the quality of nursing care with an individual nurse's responsibility to her/his own patients. CiteULike Connotea Del.icio.us What's this? (shrink)

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike (...) Rule,” was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

Workers who go on strike are sometimes accused of holding their employer “to ransom”, the implication being that strike action is a kind of extortion. The paper provides an analytical reconstruction of this objection, before presenting and interrogating different strategies for countering it. The first says that work-stoppages can only be extortionate if they infringe an employer’s rightful claim to productive labour, but that no employer has any such claim under capitalism. The second says that work-stoppages cannot be (...) extortionate because, by themselves, they cannot put an employer under duress. The third and most promising strategy says that an employer’s claim to the productive labour of workers is conditional upon his/her not exploiting them. This approach does not produce a blanket exoneration; it tells us that the aptness of describing a strike as extortionate depends on a prior appraisal of the conditions that the strikers work under, and the fairness with which they are treated. (shrink)

In pleas for the recognition of cultural minority rights, claims to educational authority often figure as concrete examples. The right to educational authority is said to be an exemplary minority right. This is striking, for of all minority rights this is one which is impossible to justify. Difficulties invovled in recent attempts to reconcile cultural minority rights with liberal democracy demonstrate that educational minority rights in particular cannot be justified without underestimating civic and liberal risks and ignoring the (...) complicated nature of the relationships between communities and ‘their’ children and between parents and ‘their’ children. (shrink)

Corporations have increasingly turned to voluntary, multi-stakeholder governance programs to monitor workers’ rights and standards in global supply chains. This article argues that the emphasis of these programs varies significantly depending on stakeholder involvement and issue areas under examination. Corporate-influenced programs are more likely to emphasize detection of violations of minimal standards in the areas of wages, hours, and occupational safety and health because focusing on these issues provides corporations with legitimacy and reduces the risks of uncertainty created by activist (...) campaigns. In contrast, these programs are less likely to emphasize workers’ rights to form democratic and independent unions, bargain, and strike because these rights are perceived as lessening managerial control without providing firms with significant reputational value. This argument is explored by coding 805 factory audits of the Fair Labor Association between 2002 and 2010, followed by case studies of Russell Athletic in Honduras, Apple in China, and worker rights monitoring in Vietnam. (shrink)

This paper is sadly opportune. The general public is angry and bewildered if not hurt by the variety of strikes which are brought more or less forcibly to their attention. People used to understand what lay behind a strike - a demand for more pay, better conditions - but today a political element often intrudes, and it is this that worries those who ask themselves whether this or that dispute is either lawful or morally acceptable. Professor Dworkin, a lawyer, (...) first sets out the legal issues surrounding strikes and then advances the ethical arguments, closely relating them to the legal framework. The most interesting part of the paper, however, may well be that devoted to the moral obligation of example, in particular the example to be set by members of the medical profession and by all those caring for the sick. As public attitudes to industrial disputes `become dulled and quiescent' it is absolutely necessary that there should be a reappraisal of the moral standards of the past which coincide with a respect for the law. In the last century the term `anomie' was used to describe a `society which has shaken off its former restraints such as religion, respect for law and order and a definite moral code as to what is right and wrong'. We are living in that sort of society today, and one need not be a professional `ethicist' to recognize the signs, and hopefully, to work for the return of `ethical' values. (shrink)

Limited strikes are arguably different from war insofar as they are more circumscribed, less destructive, and cost less in blood and treasure to employ. However, what they can achieve is also considerably more circumscribed than what is set out by the goals of war. How do we morally evaluate limited strikes? As part of the roundtable, “The Ethics of Limited Strikes,” this essay argues that we need to turn to the ethics of limited of force, orjus ad vim, to do (...) so. Two moral assumptions that are the keystone tojus ad vimcan shed light on the moral imperatives and ethical dilemmas of undertaking limited strikes. First, such strikes should be seen as an alternative to war, and not part of thejus ad bellumlast resort process. What I call the “Rubicon assessment” determines at what level force should be used: at the level of war, with all its costs and unpredictability, or at that of the more predictable and less costly limited force. Second, limited strikes should adhere to a “presumption against escalation”; that is, a moral commitment not to escalate to war. This essay highlights these moral principles in five different limited strike scenarios: “hot pursuit,” “red line,” “the last straw,” “the point of no return,” and “the right of retaliation.” The conclusion explores the notion of justice after limited strikes, or what I calljus post vim, to show that while what can be accomplished by limited strikes is inherently constrained, they can, if used morally and in tune with diplomacy, be of service in the quest for peace. (shrink)