author. University Professor in the School of Law, Columbia University. (From July 2006, Professor of Law, New York University.) Earlier versions of this Essay were presented at the Colloquium in Legal and Social Philosophy at University College London, at a law faculty workshop at the Hebrew University of Jerusalem, and at a constitutional law conference at Harvard Law School. I am particularly grateful to Ronald Dworkin, Ruth Gavison, and Seana Shiffrin for their formal comments on those occasions and also to (...) James Allan, Aharon Barak, Richard Bellamy, Aileen Cavanagh, Arthur Chaskalson, Michael Dorf, Richard Fallon, Charles Fried, Andrew Geddis, Stephen Guest, Ian Haney-Lopez, Alon Harel, David Heyd, Sam Issacharoff, Elena Kagan, Kenneth Keith, Michael Klarman, John Manning, Andrei Marmor, Frank Michelman, Henry Monaghan, Véronique Munoz-Dardé, John Morley, Matthew Palmer, Richard Pildes, Joseph Raz, Carol Sanger, David Wiggins, and Jo Wolff for their suggestions and criticisms. Hundreds of others have argued with me about this issue over the years: This Essay is dedicated to all of them, collegially and with thanks. (shrink)

This is a book about the harms of oppression, and about addressing these harms using the resources of liberalism and Kantianism. Its central thesis is that people who are oppressed are bound by the duty of self-respect to resist their own oppression. In it, I defend certain core ideals of the liberal tradition—specifically, the fundamental importance of autonomy and rationality, the intrinsic and inalienable dignity of the individual, and the duty of self-respect—making the case that these ideals are pivotal in (...) both understanding and counteracting oppression. I argue that if we take these ideals seriously then it follows that people who are oppressed have an obligation to themselves to resist their own oppression. (shrink)

The concept of solidarity has recently come to prominence in the healthcare literature, addressing the motivation for taking seriously the shared vulnerabilities and medical needs of compatriots and for acting to help them meet these needs. In a recent book, Prainsack and Buyx take solidarity as a commitment to bear costs to assist others regarded as similar, with implications for governing health databases, personalized medicine, and organ donation. More broadly, solidarity has been understood normatively to call for ‘standing with’ or (...) assisting fellow community members and possibly also distant others in regard to their needs, whether for its own sake or in order to realize the demands of justice. I argue here that the understanding of solidarity in the existing bioethics literature is unduly restricted by not sufficiently theorizing the notion of structural (or systemic) injustice and its import for understanding solidarity. Extending traditional conceptions of labor and social movement solidarity, I contrast unitary solidarity within a given group with ‘networking solidarities’ across groups. I analyze the meaning of structural injustice and its significance for solidarity, including countering institutionally entrenched inequalities and economic exploitation. I then apply this broadened conception to healthcare, discussing structural problems with the U.S. insurance system and the solidarity movements addressing its deficiencies. I analyze some natural disasters and global health challenges that were aggravated by structural injustices, along with the solidarity movements they engendered. Finally, I revisit the questions of governing health databases and of personalized medicine with the enlarged conception of solidarity in view. (shrink)

Traditional conceptions of informed consent seem difficult or even impossible to apply to new technologies like biobanks, big data, or GMOs, where vast numbers of people are potentially affected, and where consequences and risks are indeterminate or even unforeseeable. Likewise, the principle has come under strain with the appropriation and monetisation of personal information on digital platforms. Over time, it has largely been reduced to bare assent to formalistic legal agreements. To address the current ineffectiveness of the norm of informed (...) consent, I suggest that we need a notion of structural injustice (on a distinctive interpretation, elaborated here, which takes account of unequal power and property relations). I then argue that in order to protect and enhance people's freedom, we have to go beyond traditional applied ethics and introduce perspectives from democratic theory and social philosophy. I attempt to show how applications of the ‘all‐affected principle’, together with new forms of democratic participation, deliberation, and representation can helpfully frame the narrower principle of informed consent. There is an important role for what we could call collective consent, and informed consent can only succeed in increasing individual agency if it is situated within enhanced forms of democratic decision‐making. (shrink)

The book reviews the theory and concepts of happiness, explaining how these concepts underpin a line of research which is both an attempt to understand the determinants of happiness and a tool for understanding the effects of a host of phenomena on human well being.

In recent decades, the governance of food safety, food quality, on-farm environmental management and animal welfare has been shifting from the realm of ‘the government’ to that of the private sector. Corporate entities, especially the large supermarkets, have responded to neoliberal forms of governance and the resultant ‘hollowed-out’ state by instituting private standards for food, backed by processes of certification and policed through systems of third party auditing. Today’s food regime is one in which supermarkets impose ‘private standards’ along the (...) food supply chain to ensure compliance with a range of food safety goals—often above and beyond those prescribed by government. By examining regulatory governance in Australia, Norway and the United Kingdom we highlight emerging trajectories of food governance. We argue that the imposition of the new private forms of monitoring and compliance continue the project of agricultural restructuring that began with government support for structural adjustment schemes in agriculture and that these are most evident in the UK and Australia where neoliberalism is an entrenched philosophy. However, despite Norway’s identity as a social democracy, we also identify neoliberal ‘creep’ into the system of food governance. Small-scale producers in all three nations are finding themselves increasingly subject to governance through private, market-based mechanisms that, to varying degrees, are dominated by major supermarket chains. The result is agricultural restructuring not through the traditional avenues of elected governments, but via non-elected market operatives. (shrink)

Focusing on a textbook controversy that emerged in Kanawha County, West Virginia, in 1974, Mason explores the discursive production of white ethnicity in the rhetorical, visual, and political strategies used during an organized protest against the new multicultural curriculum adopted by the local school board. What the author finds puzzling is the ways in which these productions of “soul” and “nation” enabled unlikely political alliances between national conservative elites and the local, historically left-leaning working class protesters. The author argues that (...) “soul” is reproduced through racialized discourse signifying the spiritual and ethnic purity of whiteness, the consolidation of white ethnicity, and the spirit of white resistance, articulated through campaigns to save children from future captivity in an “alien” world. Through this on-site theoretical analysis, the author demonstrates how a right-wing narrative of victimhood facilitates the reproduction of ethnic identification among the protesters, whose whiteness apparently can be jeopardized by reading the “wrong” books. (shrink)

Why is America again unjustly at war? Why is its politics distorted by wedge issues like abortion and gay marriage? Why is anti-Semitism still so powerfully resurgent? Such contradictions within democracies arise from a patriarchal psychology still alive in our personal and political lives in tension with the equal voice that is the basis of democracy. This book joins a psychological approach with a political-theoretical one that traces both this psychology and resistance to it to the Roman Republic and Empire (...) and to three Latin masterpieces: Virgil's Aeneid, Apuleius's The Golden Ass, and Augustine's Confessions. In addition, this book explains many other aspects of our present situation including why movements of ethical resistance are often accompanied by a freeing of sexuality and why we are witnessing an aggressive fundamentalism at home and abroad. (shrink)

Why is America again unjustly at war? Why is its politics distorted by wedge issues like abortion and gay marriage? Why is anti-Semitism still so powerfully resurgent? Such contradictions within democracies arise from a patriarchal psychology still alive in our personal and political lives in tension with the equal voice that is the basis of democracy. This book joins a psychological approach with a political-theoretical one that traces both this psychology and resistance to it to the Roman Republic and Empire (...) and to three Latin masterpieces: Virgil's Aeneid, Apuleius's The Golden Ass, and Augustine's Confessions. In addition, this book explains many other aspects of our present situation including why movements of ethical resistance are often accompanied by a freeing of sexuality and why we are witnessing an aggressive fundamentalism at home and abroad. (shrink)

Journal of Social Philosophy, EarlyView.

No descriptive material is available for this title.

Background and PurposeMany critically ill patients in intensive care units (ICUs) are unable to communicate their wishes about goals of care, particularly about the use of life-sustaining treatments. Surrogates and clinicians struggle with medical decisions because of a lack of clarity regarding patients’ preferences, leading to prolonged hospitalizations and increased costs. This project focused on the development and implementation of a tool to facilitate a better communication process by (1) assuring the early identification of a surrogate if indicated on admission (...) and (2) clarifying the decision-making standards that the surrogate was to use when participating in decision making. Before introducing the tool into the admissions routine, the staff were educated about its use and value to the decision-making process.Project and MethodsThe study was to determine if early use of a simple method of identifying a patient’s surrogate and treatment preferences might impact length of stay (LOS) and total hospital charges. A pre- and post-intervention study design was used. Nurses completed the surrogacy information tool for all patients upon admission to the neuroscience ICU. Subjects (total N=203) were critically ill patients who had been on a mechanical ventilator for 96 hours or longer, or in the ICU for seven days or longer. The project included staff education on biomedical ethics, critical communication skills, early identification of families and staff in crisis, and use of a simple tool to document patients’ surrogates and previously expressed care wishes. Data on hospital LOS and hospital charges were collected through a retrospective review of medical records for similar four-month time frames pre- and post-implementation of the assessment tool.ResultsSignificant differences were found between pre- and post-groups in terms of hospital LOS (F=6.39, p=.01) and total hospital charges (F=7.03, p=.009).ConclusionsProject findings indicate that the use of a simple admission assessment tool, supported by staff education about its completion, use, and available resources, can decrease LOS and lower total hospital charges. The reasons for the difference between the pre- and post-intervention groups remain unclear. Further research is needed to evaluate if the quality of communications between patients, their legally authorized representatives, and clinicians—as suggested in the literature—may have played a role in decreasing LOS and total hospital charges. (shrink)

Rovane explores eight related claims: persons are not merely rational, but possess full reflective rationality; there is a single overarching normative requirement that rationality places on persons, which is to achieve overall rational unity within themselves; beings who possess full reflective rationality can enter into distinctively interpersonal relations, which involve efforts at rational influence from within the space of reasons; a significant number of moral considerations speak in favor of defining the person as a reflective rational agent; this definition of (...) the person has led Locke and others to distinguish personal identity from animal identity; although it is a platitude that a person has special reason to be concerned for its own well being, it is not obvious how best to account for that platitude; groups of human beings and parts of human beings might qualify as individual agents and, hence, as individual persons in their own right; there is a sense in which the normative requirements of rationality are not categorical but merely hypothetical. (shrink)

This paper uses George Ritzer’s account of McDonaldization – the socially transformative process of rationalization – to undertake a critical analysis of agri-environment schemes, the dominant form of on-farm nature conservation in England. Drawing on a wide range of evidence, including social surveys of the participants and non-participants of agri-environment schemes, government files, and interviews with government officials, the four key dimensions of McDonaldization – efficiency, calculability, predictability, and control (through non-human technologies) – are applied to the analysis of agri-environment (...) schemes. The irrationalities emerging from a McDonaldized approach to nature conservation are discussed together with their implications for farmers, nature, and society. In conclusion, the paper points to the emergence of alternative models of on-farm nature conservation that may offer ways of resisting and displacing the McDonaldized version. (shrink)

The purpose of this paper is to propose that the notion of the conceptual metaphor, as defined in the theoretical framework of embodied learning, can have a role in the construction of children’s arithmetic and, in particular, in their invention of calculation strategies. In doing so it acknowledges the role of the sensory perceptual world in the development of children’s arithmetic. A Piagetian framework makes a distinction between an embodied world of learning and the operational world of arithmetic. The two (...) theoretical frameworks are compared in relation to children’s realisation of the equality of commuted pairs in addition. The proposal is that the conceptual metaphor can be seen as an additional cognitive tool to explore children’s analogous reasoning in abstractions from the results of operations. The potential of the conceptual metaphor in this role would be to provide a theoretical framework to explore children’s development of arithmetic in terms of their everyday, perceptual experiences. In doing so it supports the notion of analogy as a key part in the creative process of arithmetic. (shrink)

In this article, I revisit the question of socio-economic transformation in South Africa to illustrate how it connects with human rights, essentially because, as I argue, transformation is unattainable without a comprehensive understanding of the central role of human rights in activating that process. I state the claim that the progressive human rights culture on the basis of which South Africa launched itself from the demise of apartheid into one of the most treasured constitutional democracies globally is noticeably disintegrating, displaying (...) signs of post-independence failures that have bedevilled many other African countries. It leaves unanswered questions with regard to the transitional promise for a better life and equitable opportunities. Not only is the political intent to actualise the project for socio-economic transformation apparently lacking, prospects that the expectations of the impoverished segments of the population may never be fulfilled prompts the need for an in-depth diagnosis of the contrasts that dissociate the country from its constitutional commitment to remedy the injustices of the past, which remain visible in legislation, policies, institutional practices, governance mechanisms and social perceptions that seem to be hardwired to accommodate transformation. I aim to demonstrate that even though South Africa’s constitutional democracy is anchored on a radical undertaking to eradicate the injustices that unreasonably limit options for the larger part of the population, there is no genuine adherence to the constitutional standards for transformation under the present dispensation, which is shaped by misconceived and misdirected priorities at the expense of human rights that lie at the core of the project for socio-economic transformation. I articulate these viewpoints by bringing into sharper focus the connection between human rights and transformation so that perhaps, the arguments may provide conceptual direction in academic discourses and probably also shape policy direction in crafting transformative solutions to the socio-economic exigencies that South Africa is confronted with. (shrink)

An audacious and accessible guide to feminist philosophy—its origins, its key ideas, and its latest directions.​ .