This paper articulates a conception of organizational justice based on the promise of a mode of organizing that does not violate the particularity of each and every other person. It argues that the decisive condition for such a form of justice resides in the realities of the cultural practices of an organization as they are apparent in the conduct of people in relation to multiple others. These are practices that can only seek justification in the primary right of each person (...) to be regarded with absolute alterity. It also argues that a degree of violence is unavoidable within any practical ordering of justice and that any consideration of ethics and justice in organizations must account for such violence and seek to negotiate its existence on ethical terms. The organizational justice that is referred to is one sensitive to the exercise of its own power and authority in the context of its unavoidable violation of its basis in ethics. This is a justice that is ethically necessary, but is never sure of itself. (shrink)

This paper articulates a conception of organizational justice based on the promise of a mode of organizing that does not violate the particularity of each and every other person. It argues that the decisive condition for such a form of justice resides in the realities of the cultural practices of an organization as they are apparent in the conduct of people in relation to multiple others. These are practices that can only seek justification in the primary right of each person (...) to be regarded with absolute alterity. It also argues that a degree of violence is unavoidable within any practical ordering of justice and that any consideration of ethics and justice in organizations must account for such violence and seek to negotiate its existence on ethical terms. The organizational justice that is referred to is one sensitive to the exercise of its own power and authority in the context of its unavoidable violation of its basis in ethics. This is a justice that is ethically necessary, but is never sure of itself. (shrink)

Damian Byers analyzes the form Husserl gives to the problem of knowledge—the way this form influences the development of the phenomenological method, and the results of its application. In a very clear fashion, Byers presents Husserl’s understanding of the roles of intentionality, idealism, temporalization, and kinesthesia in the constitution of knowledge. Drawing upon all of Husserl’s major texts, he corrects many misapprehensions about Husserl’s doctrines of intentionality and idealism. Byers argues that Husserl’s transcendental phenomenology is both (...) a philosophy of closure and control and a philosophy of openness and vulnerability. (shrink)

ABSTRACT:Relational leadership invokes an ethics involving a leader’s affective engagement and genuine concern with the interests of others. This ethics faces practical difficulties given it implies a seemingly limitless responsibility to a set of incommensurable ethical demands. This article contributes to addressing the impasse this creates in three ways. First, it clarifies the nature of the tensions involved by theorising relational leadership as caught in an irreconcilable bind between an infinitely demanding ethics and the finite possibilities of a response to (...) those demands. Second, it examines this ethical challenge in acknowledgement of the hierarchical discourses and power dynamics in which leadership relationships are constrained and enacted. Third, it proposes “ethical irony” as a way leaders can respond to the demand for ethics without resulting in either an escape from ethics, or being crushed by its burden. Three dimensions of ethical irony are examined: ironic perspective, ironic performance, and ironic predilection. (shrink)

This paper provides a critique and re-evaluation of the way that ethics is understood and promoted within mainstream Human Resource Management (HRM) discourse. We argue that the ethics located within this discourse focuses on bolstering the relevance of HRM as a key contributor to organizational strategy, enhancing an organization's sense of moral legitimacy and augmenting organizational control over employee behaviour and subjectivity. We question this discourse in that it subordinates the ethics of the employment relationship to managerial prerogative. In response, (...) we suggest a different model of the relationship between ethics and HRM—one that finds the possibility of ethics in the contestation and destabilization of HRM. Such ethics arises through resistance to moral normalization and the constraint of freedom and difference. The contribution of our paper is in theorising the possibilities of a relationship between ethics and HRM that does not place HRM at its centre, as chief intermediary of the ethics of the employment relationship, but rather sees HRM as being a powerful player in a set of what Mouffe calls 'agonistic' socio-ethical relations. (shrink)

Although studies in organizational storytelling have dealt extensively with the relationship between narrative, power and organizational change, little attention has been paid to the implications of this for ethics within organizations. This article addresses this by presenting an analysis of narrative and ethics as it relates to the practice of organizational downsizing. Drawing on Paul Ricoeur’s theories of narrative and ethics, we analyze stories of organizational change reported by employees and managers in an organization that had undergone persistent downsizing. Our (...) analysis maintains that the presence of a dominant story that seeks to legitimate organizational change also serves to normalize it, and that this, in turn, diminishes the capacity for organizations to scrutinize the ethics of their actions. We argue that when organizational change narratives become singularized through dominant forms of emplotment, ethical deliberation and responsibility in organizations are diminished. More generally, we contend that the narrative closure achieved by the presence of a dominant narrative amongst employees undergoing organizational change is antithetical to the openness required for ethical questioning. (shrink)

In this introductory essay, we outline the relationship between political dissensus and radical democracy, focusing especially on how such a politics might inform the study of business ethics. This politics is located historically in the failure of liberal democracy to live up to its promise, as well as the deleterious response to that from reactionary populism, strong-man authoritarianism, and exploitative capitalism. In the context of these political vicissitudes, we turn to radical democracy as a form of contestation that offers hope (...) in an affirmative, inclusive and sustainable alternative. On this basis we introduce the papers in the special issue as a collective exploration of the ethics and politics of radical democracy as manifesting in dissensus and the subversion of corporate and elite power by alternative democratic practices and realities. (shrink)

This paper interrogates the relation between reciprocity and ethics as it concerns participation in the world of work and organizations. Tracing discussions of business and organizational ethics that concern themselves, respectively, with the ethics of self-interest, the ethics of reciprocity, and the ethics of generosity, we explore the possibility of ethical relations with those who are seen as radically different, and who are divested of anything worth exchanging. To address this we provide a reading of Franz Kafka’s famous novella The (...) Metamorphosis and relate to it as a means to extend our understanding of business and organizational ethics. This story, we demonstrate, yields insight into the unbearable demands of ethics as they relate to reciprocity and generosity. On this basis, we draw conclusions concerning the mutually constitutive ethical limitations of reciprocity and generosity as ethical touchstones for organizational life while simultaneously accepting the seemingly insurmountable difficulties of exceeding those limits. In such a condition, we argue, ethics is not best served by adopting idealistic or moralizing positions regarding generosity but rather by working in the indissoluble tensions between self and other. (shrink)

Human Towers are one of the most representative traditional sporting games in Catalonia, recognized in 2010 as Intangible Cultural Heritage by the United Nations Organization for Education, Science and Culture. The objective of this research was to study the emotional states elicited by a representative performance of the colla de Castellers de Lleida. This research is based on an ethnographic case study, with mixed methods in which 17 key informants voluntarily participated. Participant observation was used; the data were recorded in (...) a field diary and oral sources. The content analysis was done using the Atlas.ti software. An SPSS database was also created. The statistical techniques were: Descriptive statistical techniques, cross tables with Pearson's Chi-square values. We also used a classification and regression trees to examine the predictive capacity of five independent variables of emotional states. The results reveal that the comments were mostly oriented toward well-being states, The internal cooperative logic of the Human Towers enhances the intense interpersonal relationships of socio-emotional well-being. (shrink)

The purpose of this edited book is to provide new insight into the understanding of ethics as they relate to organization practice and managerial behavior in todays economy. It provides an overview and critique of ethics as it relates to key contemporary challenges and issues for organizations these include globalization, sustainability, consumerism, neo-liberalism, corporate collapses, leadership and corporate regulation. The book is organized around the core question: What are the ethics of organizing in todays institutional environment and what does this (...) mean for the practice of management and the organization of business? In responding to this question, the contributors examine ethics as it is deeply embedded in the everyday practice of management. Interdisciplinary contributions from sociology, philosophy, management, organization studies, and public administration provide unique perspectives, while case studies and examples drawn from practice illustrate the challenges and dilemmas faced in practice. Each chapter has a brief overview and introduction written by the editors which summarize the main points of each chapter in terms of their contributions to the overall aims of the book as well as drawing connections between the different chapters. (shrink)

This article uses the concept of partial organization to examine how organizing principles can facilitate the effective operation of networked forms of corruption. We analyze the case study of a corruption network in the South Korean maritime industry in terms of how it operated by selectively appropriating practices normally associated with formal bureaucratic organizations. Our findings show that organizational elements built into the corruption network enabled coordination of corruption activities and served to distort and override practices within member organizations. The (...) network was primarily organized through the hierarchical organization of a bounded and controlled set of members and, to a lesser extent, through processes of monitoring and sanctions. Given its clandestine nature, the network avoided the use of explicit rules to govern behavior, instead relying on habituated routines to ensure consistent and predictable action from members. We find that organizational elements were rescinded when the corruption network was exposed after the sinking of a passenger ferry, the Sewol. By rolling back its hierarchical organization and reverting to core relationships, the corruption network sought to preserve its center. The article illustrates the explanatory value of studying how the activities of corruption networks are enabled and adapt to existential challenges through partial organization. (shrink)

The Routledge Companion to Ethics, Politics and Organizations synthesizes and extends existing research on ethics in organizations by explicitly focusing on 'ethico-politics' - where ethics informs political action. It draws connections between ethics and politics in and around organizations and the workplace, examines cutting-edge areas and sets the scene for future research. Through a wealth of international and multidisciplinary contributions this volume considers the broad range of ways in which ethics and politics can be conceived and understood. The chapters look (...) at various ethical traditions, as well as the discursive deployment of ethical terminology in organizational settings, and they also examine large scale political structures and processes and how they relate to different forms of politics which affect behaviour in organizations. These many possibilities are united by a focus on how ethics can be used to inform and justify the exercise of power in organizations. This collection will be a valuable reference source for students and researchers across the disciplines of organizational studies, ethics and politics. (shrink)

Although studies in organizational storytelling have dealt extensively with the relationship between narrative, power and organizational change, little attention has been paid to the implications of this for ethics within organizations. This article addresses this by presenting an analysis of narrative and ethics as it relates to the practice of organizational downsizing. Drawing on Paul Ricoeur's theories of narrative and ethics, we analyze stories of organizational change reported by employees and managers in an organization that had undergone persistent downsizing. Our (...) analysis maintains that the presence of a dominant story that seeks to legitimate organizational change also serves to normalize it, and that this, in turn, diminishes the capacity for organizations to scrutinize the ethics of their actions. We argue that when organizational change narratives become singularized through dominant forms of emplotment, ethical deliberation and responsibility in organizations are diminished. More generally, we contend that the narrative closure achieved by the presence of a dominant narrative amongst employees undergoing organizational change is antithetical to the openness required for ethical questioning. (shrink)

This paper examines ethics in organizations in relation to the subjectivity of managers. Drawing on the work of Michel Foucault we seek to theorize ethics in terms of the meaning of being a manager who is an active ethical subject. Such a manager is so in relation to the organizational structures and norms that govern the conduct of ethics. Our approach locates ethics in the relation between individual morality and organizationally prescribed principles assumed to guide personal action. In this way (...) we see ethics as a practice that is powerfully intertwined in an individual’s freedom to make choices about what to do and who to be, and the organizational context in which those choices are situated, framed and governed. (shrink)

This paper examines ethics in organizations in relation to the subjectivity of managers. Drawing on the work of Michel Foucault we seek to theorize ethics in terms of the meaning of being a manager who is an active ethical subject. Such a manager is so in relation to the organizational structures and norms that govern the conduct of ethics. Our approach locates ethics in the relation between individual morality and organizationally prescribed principles assumed to guide personal action. In this way (...) we see ethics as a practice that is powerfully intertwined in an individual’s freedom to make choices about what to do and who to be, and the organizational context in which those choices are situated, framed and governed. (shrink)

CEOs’ social and environmental activism attracts significant public and research interest. Positioned as an expression of personal morality, such activism is potentially highly influential because of CEOs’ public visibility and associated positional and resource-based power. This paper questions the assumption that CEO activism can only be explained in relation to individual moral action, and illuminates its wider social implications. We critically evaluate the recent upsurge in CEO activism by juxtaposing it against broader social activism, identifying its distinctive characteristics, and empirically (...) examining two recent ‘moral episodes’: the Deferred Action for Childhood Arrivals program and the Fetal Heartbeat Acts. Our analysis demonstrates that CEO activism is more heterogeneous than research to date has shown. Building on this analysis, a refined understanding of the character and morality of CEO activism is developed by establishing a typology of its forms. We conclude that while CEO activism is an important and potent new phenomenon, it may not be universally appropriate to regard CEOs as moral leaders. Instead, it is paramount to question the motives and effects of what CEOs do in the name of morality. (shrink)

We argue that philosophers are competent to facilitate public discussion concerning restrictions on human migration across political borders. We also argue that presenting public audiences with a prima facie case for open borders offers a unique opportunity to elucidate important aspects of philosophical reasoning. Finally, we share resources and a lesson plan for those keen to examine the case for open borders with students, or to facilitate public discussion on these issues.

From climate change to fossil fuel dependency, from the uneven effects of natural disasters to the loss of biodiversity: complex socio-environmental problems indicate the urgency for cross-disciplinary research into the ways in which the social, the natural and the technological are ever more entangled. This ground breaking text moves between environmental sociology and environmental geography, political and social ecology and critical design studies to provide a definitive mapping of the state of environmental social theory in the age of the anthropocene. (...) Environments, Natures and Social Theory provokes dialogue and confrontation between critical political economists, actor network theorists, neo-Malthusians and environmental justice advocates. It maps out the new environmental politics of hybridity moving from hybrid neo-liberals to end times ecologists, from post environmentalists to cyborg eco-socialists. White, Rudy and Gareau insist on the necessity of a critical but optimistic hybrid politics, arguing that a more just, egalitarian, democratic and sustainable anthropocene is within our grasp. This will only be brought into being, however, by reclaiming, celebrating and channeling the reconstructive potential of entangled hybrid humans as inventive hominids, creative gardeners, critical publics and political agents. Written in an accessible style, Environments, Natures and Social Theory is an essential resource for undergraduate and postgraduate students across the social sciences. (shrink)

Augustine made a significant contribution to the history of philosophical accounts of affectivity which scholars have not yet noticed. He resolved a problem with the Stoic theory as it was known to him: the question of the cognitive cause of "preliminary passions" ( propatheiai ), reflex-like affective reactions which must be immediately controlled if a morally bad emotion is to be avoided. He identified this cognitive cause as momentary doubt, as I demonstrate by citing passages from sermons spanning twenty-seven years (...) in which Augustine consistently used a particular set of scriptural images and phrases as precise analogies for mental and affective states. (shrink)

Remembering seems, to philosophers and scientists, one of the most mystifying of human activities. Yet natural language users have no problem understanding what is meant by ‘memory’. Memory is simply the ability to recall personally experienced events and certain kinds of information such as facts, names, or faces; or how to perform certain actions, like riding a bike or playing chess. It is on this basis that people sometimes make claims about themselves or others having a good or bad memory, (...) especially for things like names, numbers, or faces. Why then is memory such a mystery? Because, firstly, of its diversity: memory enables us to perform a plethora of different tasks, including the continuous interpretation of every moment of consciousness. Secondly, different forms of memory have different standards of accuracy, and often dramatically different criteria for success. (shrink)

The University of Pittsburgh policy for procuring organs from non-heart-beating cadaver donors recognizes the potential for conflicts of interest between caring for a "hopelessly ill" patient who has forgone life-sustaining treatment and caring for a potential organ donor. The policy calls for a separation between those medical personnel who care for the gravely ill patient and those involved with the care of transplant recipients. While such a separation is possible in theory, it is difficult or impossible to attain in practice. (...) However, such a separation of duties would be unnecessary if an arbitrator were appointed to monitor the proceedings as they take place on a case-by-case basis. In this way, the biases—real or potential—of the individuals involved could be identified, and the harmful effects of the unavoidable conflicts of interest could be minimized. (shrink)

This remarkable book presents a rich and up-to-date view of evolution that explores the far-reaching implications of Darwin's theory and emphasizes the power, significance, and relevance of evolution to our lives today. After all, we ourselves are the product of evolution, and we can tackle many of our gravest challenges -- from lethal resurgence of antiobiotic-resistant diseases to the wave of extinctions that looms before us -- with a sound understanding of the science.

I define two metaphysical positions that anti-physicalists can take in response to Jonathan Schaffer’s ground functionalism. Ground functionalism is a version of physicalism where explanatory gaps are everywhere. If ground functionalism is true, arguments against physicalism based on the explanatory gap between the physical and experiential facts fail. In response, first, I argue that some anti-physicalists are already safe from Schaffer’s challenge. These anti-physicalists reject an underlying assumption of ground functionalism: the assumption that macrophysical entities are something over and above (...) the fundamental entities. I call their position “lightweight anti-physicalism.” Second, I go on to argue that even if anti-physicalists accept Schaffer’s underlying assumption, they can still argue that the consciousness explanatory gap is especially mysterious and thus requires a special explanation. I call the resulting position “heavyweight anti-physicalism.” In both cases, the consciousness explanatory gap is a good way to argue against physicalism. (shrink)

Paradise Understood: New Philosophical Essays about Heaven systematically investigates heaven, or paradise, as conceived within theistic religious traditions such as Rabbinic Judaism, Christianity, and Islam. It considers a variety of topics concerning what life in paradise would, could, or will be like for human persons. The collection offers novel approaches to questions about heaven of perennial philosophical interest, and breaks new ground by expanding the range of questions about heaven that philosophers have considered. The contributors wrestle with questions about human (...) life in paradise that span the spectrum of the major subfields of philosophical enquiry. By employing both historical and contemporary philosophical resources, the volume makes a pioneering contribution toward answering pressing questions about human life in paradise. It will serve as a platform for future research, reinvigorating philosophical investigation into these neglected topics within philosophy of religion. (shrink)

In this paper, I present an interpretation of Kant’s view that reason’s hypostasis of the idea of a sum-total of reality is dogmatic and illegitimate. In the section on the ‘Transcendental Ideal’, the second section of the Ideal of Pure Reason chapter in the Critique of Pure Reason, Kant starts by describing reason’s procedure from the affirmation of the principle of thoroughgoing determination to the hypostasis in question. According to the interpretation I defend, the argument for hypostasis deployed in this (...) section constitutes an improvement upon an argument defended by the pre-critical Kant himself in his 1673 essay “The Only Possible Argument in Support of a Demonstration of the Existence of God”. By making reference to the concept of omnitudo realitatis, the argument in the ‘Transcendental Ideal’ section presents a much more radical and convincing interpretation of the thesis that ‘possibility presupposes actuality’. Second, I present transcendental idealism and its related distinction between objects of sense and objects in general as the main dissuasive argument of the critical philosopher against hypostasis. Finally, I consider an argument against hypostasis that is independent of transcendental idealism: the threat of set-theoretical paradoxes if we hypostatize the relevant idea, intended as the concept of an absolutely comprehensive totality. (shrink)

ABSTRACT In this article, the first author provides a summary and translation from the Latin of an important early medical lecture on vampires by Nils Retzius. The lecture was delivered in Sweden, at Lund University, in 1737, and was published almost immediately thereafter. This important text has been overlooked by modern scholars of vampires. This article will bring the lecture back into circulation in its first English translation. The second author then offers an analysis of the intellectual background to this (...) rational debunking of vampires. He demonstrates how Retzius’s attempt at a comprehensive rational explanation for vampires, typical of much Enlightenment thinking, nevertheless employs a fusion of Galenic medical thinking with more modern medical and psychosomatic notions of medicine, as well as certain Lutheran notions concerning the devil and the spirit world. His argument scotches the belief in the idea of sympathetic magic affecting the dreams of the living, while emphasising the psychosomatic effects of the imagination on the physical body. (shrink)

Panpsychists aspire to explain human consciousness, but can they also account for the physical world? In this paper, I argue that proponents of a popular form of panpsychism cannot. I pose a new challenge against this form of panpsychism: it faces an explanatory gap between the fundamental experiences it posits and some physical entities. I call the problem of explaining the existence of these physical entities within the panpsychist framework “the missing entities problem.” Spacetime, the quantum state, and quantum gravitational (...) entities constitute three explanatory gaps as instances of the missing entities problem. Panpsychists are obliged to solve all instances of the missing entities problem; otherwise, panpsychism cannot be considered a viable theory of consciousness. (shrink)

Since its inception, donor conception practices have been a reproductive choice for the infertile. Past and current practices have the potential to cause significant and lifelong harm to the offspring through loss of kinship, heritage, identity, and family health history, and possibly through introducing physical problems. Legislation and regulation in Australia that specifies that the welfare of the child born as a consequence of donor conception is paramount may therefore be in conflict with the outcomes. Altering the paradigm to a (...) child-centric model, however, impinges on reproductive choice and rights of adults involved in the process. With some lobby groups pushing for increased reproductive choice while others emphasise offspring rights there is a dichotomy of interests that society and legislators need to address. Concepts pertaining to a shift toward a child-centric paradigm are discussed. (shrink)

Albert and Cederman couch the neorealist perspective in terms of ‘systems’ theorizing, Ferguson and Mansbach rhetorically discuss issues and non-issues which are readily addressed within the neoliberal perspective, and of course, Onuf is unabashedly a constructivist. Below, I discuss each theoretical perspective relative to the articles assigned, and, thereafter conclude with some observations on the three articles and theoretical frameworks.

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

The present study aimed at investigating the heavy metals concentrations in the soils around “Larga de Sus” abandoned mine, evaluating the potential ecological risk of heavy metal pollution and highlighting ethical aspects related to risk assessment, ecological restoration, and soil remediation. The results of the chemical analysis showed that the soil in the study area is highly polluted with heavy metals since the average concentrations of Pb, and Ni in soil exceed their corresponding threshold established by the Romanian legislation. The (...) potential ecological risk index method developed by Hakanson was used to assess the potential risk of heavy-metal pollution. The results indicated that Pb and Ni showed severe and considerable potential ecological risk, while Cr had lightly ecological risk. In this case, remediation should be focused only on Pb or on all heavy metals even if they have lightly ecological risk? A scientific management technique cannot logically prescribe which choices should be selected. The interaction between human activity and the environment is complicated and difficult to quantify and risk management cannot and should not be based simply on risk assessment results. What is needed to make the right choice of the most appropriate alternative that fits our personality, culture, religion, and desires? The moral and ethical implications of ecological restoration and soil remediation have to be incorporated within the decision-making process in order to make optimum sustainable decisions and to achieve real environmental protection. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

For the purposes of this enquiry—an account of what Equiano’sa modernity was, and which particular historical ‘demarcations’ of modernity provided for an enslaved man to achieve freedom through great fortune and great cunning, I will assume a definition of ‘modernity’ as defined by Kathleen Wilson: “. . . not one moment or age, but a set of relations that are constantly being made and unmade, contested and reconfigured, that nonetheless produce among their contemporaneous witnesses the conviction of historical difference.” By (...) adopting this definition, modernity in the times of Equiano refers to, “the cultural practices and representations that produced certain kinds of subjects and objects of knowledge, upheld widely-shared notions of space and time, or facilitated the formation of cultural identities that resulted in pluralities and contradictions as well as unities and coherences,” which provided for a slave to acquire freedom amidst eighteenth-century imperialism, slave-trade, and emerging abolitionist sentiments within bourgeois culture. (shrink)

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons "outside (...) their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

Justiciability sets the boundaries of judicial review and the rule of law. A justiciable issue is that which is appropriate within a judicial forum. That is, where an "independent and impartial body" can remedy rights violations of identifiable claimants, the issue before it is justiciable. If it falls beyond what is judicially determinable, it is 'non-justiciable'. The principle is not fixed, as it does not permanently set the boundaries of that which is appropriate for judicial determination. Rather, it evolves "from (...) context to context," and expands and narrows along what falls within judicial competencies at a particular time. On an elementary level, it is distinct from jurisdiction, as it establishes boundaries of subject matter on policy or constitutional grounds, whereas jurisdiction is grounded in established legal rules. However, questions of jurisdiction can be subsumed under broader questions of justiciability. (shrink)