Emotions situate actors in relationships and shape their social interactions. Culture defines both the qualities of individual identity and the constitution of social groups with distinctive values and practices. Emotions, then, are necessarily experienced and acted upon in culturally inflected forms that define not only the conventions of their articulation through individual and collective action, but also the very words that name them. This article develops theoretical arguments to support these claims and illustrates their application in a description of differing (...) emotional repertoires, and their consequences, in Aotearoa New Zealand. The effects of resentment and shame in an ethnic politics of rights and antidiscrimination law demonstrate that context is central to a nuanced understanding of how law and emotions connect in the practicalities of enforcing the protections of anti-discrimination law. (shrink)

Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.

This essay defends a strong right against displacement as part of a basic individual right to secure access to one’s home. The analysis is purposefully situated within the difficult context of climate change adaptation policies. Under increasing environmental pressures, especially regarding water security, there are weighty reasons motivating the forced displacement of persons—to safeguard water resources or prevent water-related disasters. Even in these pressing circumstances, I argue, individuals have weighty rights to secure access to their homes. I explain how the (...) home provides a functional context for conditions of autonomous agency. Being coerced from the home disrupts and subverts the conditions necessary for autonomous processes. I conclude by suggesting that the right to the home could be a foundational element of territorial rights. (shrink)

The Russellian approach to the semantics of attitude ascriptions faces a problem in explaining the robust speaker intuitions that it does not predict. A familiar response to the problem is to claim that utterances of attitude ascriptions may differ in their Gricean conversational implicatures. I argue that the appeal to Grice is ad hoc. First, we find that speakers do not typically judge an utterance false merely because it implicates something false. The apparent cancellability of the putative implicatures is irrelevant, (...) since cancellability does not indicate conversational implicature. Finally, the appeal assumes, implausibly, that ordinary speakers generally subscribe to a particular philosophical theory about belief. (shrink)

In Sharing Territories, Cara Nine defends a river model of territorial rights. On a river model, groups are assumed to be interdependent and overlapping. Drawing on natural law philosophy, Nine's theory argues for the establishment of foundational territories around geographical areas like rivers.

Do territorial rights include the right to exclude? This claim is often assumed to be true in territorial rights theory. And if this claim is justified, a state may have a prima facie right to unil...

Some time ago, John Perry argued that the content of an indexical belief, that is, a belief expressible with a sentence containing an indexical or demonstrative, cannot be a proposition. I consider several of his arguments for this view, and show that they can be extended to show that belief expressible with other non-indexical expressions such as natural kind terms and proper names presents the very same problem for the traditional picture. I then suggest that if indexical belief has any (...) special status, this is not because it has a special kind of content, but rather because action is impossible if agents do not have indexical belief. (shrink)

Predictive genetic testing is now routinely offered to asymptomatic adults at risk for genetic disease. However, testing of minors at risk for adult-onset conditions, where no treatment or preventive intervention exists, has evoked greater controversy and inspired a debate spanning two decades. This review aims to provide a detailed longitudinal analysis and concludes by examining the debate's current status and prospects for the future. Fifty-three relevant theoretical papers published between 1990 and December 2010 were identified, and interpretative content analysis was (...) employed to catalogue discrete arguments within these papers. Novel conclusions were drawn from this review. While the debate's first voices were raised in opposition of testing and their arguments have retained currency over many years, arguments in favour of testing, which appeared sporadically at first, have gained momentum more recently. Most arguments on both sides are testable empirical claims, so far untested, rather than abstract ethical or philosophical positions. The dispute, therein, lies not so much in whether minors should be permitted to access predictive genetic testing but whether these empirical claims on the relative benefits or harms of testing should be assessed. (shrink)

Inside and outside of a Christian worldview, bioethicists have discussed ectopic pregnancy at some length as a maternal-fetal vital conflict. Most bioethicists agree that methotrexate and salpingostomy are low-risk, successful interventions for this life-threatening pathology, and are thus beneficent, just, and wholly acceptable. A small cohort of Christian, largely Catholic, bioethicists have reservations about methotrexate and salpingostomy, but cannot resolve their internal disputes about these because of flawed casuistry. This paper aims to settle the issue about whether methotrexate and salpingostomy (...) are acceptable within a Catholic worldview: despite the best arguments in favor of methotrexate as a moral option, it is morally unacceptable, and despite hesitation about salpingostomy related to analogies with previable delivery, it is the optimal procedure for ectopic pregnancy. (shrink)

This essay examines the most recent justifications for a people's exclusive right to resources as part of a territorial right. Divided into eight parts, the discussion covers contemporary philosophical discussion regarding: the conception of natural resources, the conception of resource rights, the general form of arguments supporting resource rights, arguments from self-determination, objections to arguments from self-determination, arguments from residence, arguments from improvement, and new directions for research in the future.

Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states (...) in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee.The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. (shrink)

In response to the abundance of parenting literature and a contemporary emphasis on expertise, recent scholars have suggested that how we parent should be determined by values and a family’s particular needs, a combination often referred to as practical wisdom. In this article, I build on previous calls for an ethical approach to being a parent. I argue that being able to share and cultivate one’s unique personality and have one’s aptitudes and interests recognized is a key condition of living (...) well and that parents play an important role in helping their children know and realize their gifts. I put forth an exercise for attending to children, the descriptive review of the child. In doing so, I first describe this practice, illustrate it, and then explain how it can help one live well as a parent. (shrink)

Since we explain behavior by ascribing intentional states to the agent, many philosophers have assumed that some guiding principle of folk psychology like [Intentional States and Actions] must be true. [Intentional States and Actions]: If A and B are different actions, then the agents performing them must differ in their intentional states at the time they are performed. Recent results in the physiology of vision present a prima facie problem for this principle. These results show that some visual information that (...) guides spatial manipulation and fine motor control is unavailable for verbal report. Plausibly, this information is not consciously available to the agent, and as such, not available to inform the content of intentional states. Thus, it is hard to see how every difference in action is subject to intentional explanation, as [Intentional States and Actions] requires. I articulate the prima facie problem and argue that the most plausible solution requires us to reject [Intentional States and Actions]. (shrink)

This commentary highlights the observation that social motivation is usually an imprecisely specified construct. We suggest four social motivation conceptualizations across levels of analysis and explore where the target article situates among these. We then offer theoretical and practical guidance for operationalization and measurement of social motivation to support more comprehensive future research on this complex construct in the autism literature.

In ‘What’s Wrong with Colonialism,’ Lea Ypi argues that the wrong of colonialism can be expressed as procedural wrongs, not as wronging territorial rights. On her view, colonial practices went wrong in two ways: they forced residents into political associations, and the terms of the political association were not established through equal and reciprocal negotiations. I argue that because Ypi’s account successfully side-lines all but essential claims to territory, her theory ends up being vulnerable to an objection it means to (...) avoid. Historical residents may be subject to unequal treatment under newly formed political associations because their historical patterns of land use are not considered to have any independent moral weight. My analysis does not rely on any appeal to property or territorial rights. Instead, I appeal to pre-existing obligations holding between residents. (shrink)

This is the story of a class of painters, puppeteers, puppy trainers, poets, and so much more. It is the story of how a community of first- and second-grade students, wonderful parents and colleagues, and a very wise principal helped me to teach so that each child could pursue a broad range of passions. It is a story about how my students, in recognizing one another’s passions, created a community where everyone, including the teacher, was celebrated.It is a story that (...) I tell with a joy tinged with sadness. The joy comes from my fondness for the memory as well as a conviction that my teaching that year created an experience that honored my students. The sadness comes from the fact that I tell this story from the.. (shrink)

This paper investigates how principals can be supported in their work as teacher leaders. My focus is on how principals can help teachers respond ethically to classroom challenges. I argue that in aiding teachers, school leaders themselves need support and ongoing development. I turn to the care of the self to conceptually explore ethical self-cultivation. I then argue that a practice, Descriptive Inquiry, serves as a way for principals to care for themselves. To make this argument, I draw on a (...) qualitative study of four long-term elementary school principals. (shrink)

This first-of-its-kind national survey of 485 psychiatrists in nine states and the District of Columbia finds substantial evidence of clinicians being uninformed, misinformed, and misinforming patients of their gun rights regarding involuntary commitments and voluntary inpatient admissions. A significant percentage of psychiatrists did not understand that an involuntary civil commitment triggered the loss of gun rights, and the majority of psychiatrists in states with prohibitors on voluntary admissions and emergency holds were unaware that patients would lose gun rights upon voluntary (...) admission or temporary commitment. Moreover, the survey found evidence that psychiatrists may use gun rights to negotiate “voluntary” commitments with patients: 15.9% of respondents reported telling patients they could preserve their gun rights by permitting themselves to be voluntarily admitted for treatment, in lieu of being involuntarily committed. The results raise questions of whether psychiatrists obtained full informed consent for voluntary patient admissions, and suggest that some medical providers in states with voluntary admission prohibitor laws may unwittingly deprive their patients of a constitutional right. The study calls into question the fairness of state prohibitor laws as policy, and — at minimum — indicates an urgent need for psychiatrist training on their state gun laws. (shrink)

As ethical agents, teachers regularly must decide whether compliance to rules and norms is in the best interest of their students. Yet, teachers in the United States are educated to be passively obedient. In this paper, I argue that part of pre-service teacher education ought to learn ways of resisting. I describe one approach to verbal resistance, what Michel Foucault calls Truth-Telling. Building on a qualitative self-study with pre-service teachers, I explain how a form of team-teaching called Interruptions can promote (...) Truth-Telling. (shrink)

Competition is pervasive in modern society, affecting work, education, and recreation. The question arises whether competition is consistent with scriptural teaching. The context for this enquiry is that Christians today disagree among themselves about whether Scripture has any normative content relating to competition. Some view competition as incompatible with Scripture, while for others it is compatible. On the basis of a given definition of competition, Christian contributions to the debate in the last decade are reviewed. Only six inputs were discovered, (...) with five arguing that Scripture takes no normative position toward competition. Most of this article is taken up with evaluating their cases that are found to be unpersuasive. A sixth paper claims that Scripture is incompatible with competition, examined in the penultimate section. From reviewing the six contributions to the debate, the conclusion is that that Scripture does not have a favorable attitude toward competition. (shrink)

Cooperation, meaning collaboration between people who assist each other to achieve common goals, is argued to be one of Jesus’ major normative themes. This proposal has not previously been made in Christian ethics. Jesus’ emphasis on cooperation occurs within His major undertaking, His practice of obedience to God. Outlined initially is the meaning of cooperation that aims for mutual help and partnership with others in a friendly, trusting and harmonious alliance. Following that, Jesus’ teachings relating to cooperation are assessed, as (...) interpreted by Biblical exegetes. These teachings include the Golden Rule, Jesus’ admonitions for forgiveness, the need for generosity, required relations between His disciples, and Jesus’ healings. In the penultimate section, objections to the extension of Jesus’ teachings on cooperation in the modern world are found to be unpersuasive. (shrink)

Objective Standards of care regarding obstetric management of life-threatening anomalies are not defined. It is hypothesised that physicians' management of these pregnancies is variable and influenced by demographic factors. Design A questionnaire was mailed to members of the Society of Maternal–Fetal Medicine with valid US addresses assessing obstetric management of both ‘uniformly lethal’ (eg, anencephaly, renal agenesis) and ‘uniformly severe, commonly lethal’ (eg, trisomy 13 and 18) anomalies. Respondents were asked to answer as if not limited by state/institutional restrictions. Fisher's (...) exact or χ2 tests were used as appropriate and correction made for multiple comparisons in analyses that were not prespecified. Results The response rate was 36% (732/2038). Nearly 100% of respondents discuss termination for both uniformly and commonly lethal anomalies. In continuing pregnancies, with patient request for obstetric non-intervention 99% of providers would comply for either uniformly or commonly lethal anomalies. The majority ‘encourage’ such management, but some were non-directive or discouraged this management. In continuing pregnancies, with patient request for full obstetric intervention the majority of respondents was willing to comply for both uniformly (71%) and commonly (82%) lethal anomalies. While most practitioners ‘discouraged’ full intervention, some were non-directive or encouraged this management. Demographics and severity of anomaly influenced counselling. Conclusion Discrepancies exist regarding the management of life-threatening fetal anomalies. Patients may be offered different options based on practitioner demographics. The majority of physicians comply with patient wishes. Differences were noted when comparing the management of lethal with that of severe commonly lethal anomalies, suggesting that practitioners make a distinction when counselling patients. (shrink)

This book is an accessible, research-based introduction to behavioral ethics. Often ethics education is incomplete because it ignores how and why people make moral decisions. But using exciting new research from fields such as behavioral psychology, cognitive science, and evolutionary biology, the study of behavioral ethics uncovers the common reasons why good people often screw up. Chapters coordinate with free online teaching resources from The University of Texas at Austin. Scientists have long studied the ways human beings make decisions, but (...) only recently have researchers begun to focus specifically on ethical decision making. Unlike philosophy and religion, which aim to tell people how to think and act about various moral issues, behavioral ethics research reveals the factors that influence how people really make moral decisions. Most people get into ethical trouble for doing obviously wrong things. Aristotle cannot help, but learning about behavioral ethics can. By supplementing traditional approaches to teaching ethics with a clear, accessible, detailed, and research-based introduction to behavioral ethics, beginners can quickly become familiar with the important elements of this new field. This book includes the bonus of being coordinated with Ethics Unwrapped-a free, online, educational resource featuring award-winning videos and teaching materials on a variety of behavioral ethics (and general ethics) topics. This book is a useful supplement for virtually every ethics course, and important in any course where incorporating practical ethics in an engaging manner is paramount. The content applies to every discipline-journalism, business ethics, medicine, legal ethics, and others-because its chief subject is the nature of moral decision making. Because the book is research-based yet accessibly written with interesting studies, it could be used in high schools, colleges, graduate schools, and industry. (shrink)

This article examines theories of ocean rights based on the works of Hugo Grotius and Samuel von Pufendorf. Grotius's object‐centred view uses features of the natural world to justify claims to external objects. I show that Grotius's view is inadequate, because it relies on an outdated claim that oceanic resources are sufficiently abundant for anybody to use. Further, adaptations of his view are wanting, because they either rely on arbitrary distinctions or disregard the values of cultural minorities. Pufendorf's relational view (...) constructs rights through the exercise of human will. While Pufendorf believes that agreements create rights, he also argues that property rights can be unilaterally acquired from the commons without express consent from others. The relational view is a viable alternative to the object‐centred view, because it both delimits territorial claims over the ocean to a ‘modest’ size and also respects cultural variability. A major aim of this article is to present Pufendorf's theory of territorial rights extended over oceans and to demonstrate how it is useful for assessing contemporary disputes. In the final sections, I apply the relational view to Canadian claims to the Northwest Passage, and I also sketch implications for assessing expanding claims to the seabed. (shrink)

Section I explores and articulates Beccaria's theory of luxury. Social classes tend to emulate the classes immediately above and below them. When a class increases the luxury that it consumes, this causes a chain reaction of increased demand for luxury by other classes. Satisfying the resulting new demand for luxury and non-luxury goods maximizes the happiness of a greater number of citizens. Following the consequentialist principle of utility theory, Beccaria concludes that luxury is beneficial. His writings are compared to those (...) of Hume, Bentham and others. In section II Beccaria's demonstration that freedom of choice is a universally desired luxury indispensable for well-being in all human societies is contrasted to Rousseau's belief that luxury diminishes liberty and happiness. Beccaria values the distributive more than the aggregative maximization of utility in his analysis of luxury; the article explains why this carries wider implications for utilitarian theory. (shrink)

Disability scholars have critiqued medical models that pathologize disability as an individual flaw that needs treatment, rehabilitation, and cure, favoring instead a social-constructionist approach that likens disability to other identity categories such as gender, race, class, and sexuality. However, the emphasis on social constructionism has left chronic illness and pain largely untheorized. This article argues that feminist disability studies must attend to the common, chronic gynecological condition endometriosis when theorizing pain. Endo is particularly important for FDS analysis because the highly (...) feminized and sexualized nature of endo pain is a major source of disability. Because medical treatments of endo enhance fertility rather than provide pain relief, those with endo must not only have access to medical services to manage their pain, but also demand better medical management of their pain as well as disability accommodations for their pain. Thus, I propose a pain-centric model of disability that politicizes pain through social-constructionist and medical models of disability by attending to the lived experiences of pain. (shrink)