Tensions exist between the disability rights movement and the work of many bioethicists. These reveal themselves in a major recent book on bioethics and genetics, From Chance to Choice: Genetics and Justice. This book defends certain genetic policies against criticisms from disability rights advocates, in part by arguing that it is possible to accept both the genetic policies and the rights of people with impairments. However, a close reading of the book reveals a series of direct moral criticisms of the (...) disability rights movement. The criticisms go beyond a defense of genetic policies from the criticisms of disability rights advocates. The disability rights movement is said not to have the same moral legitimacy as other civil rights movements, such as those for women or "racial" minorities. This paper documents, and in some cases shows the flaws within, these challenges to the disability rights movement. (shrink)
Continuing tensions exist between mainstream bioethics and advocates of the disability rights movement. This paper explores some of the grounds for those tensions as exemplified in From Chance to Choice: Genetics and Justice by Allen Buchanan and coauthors, a book by four prominent bioethicists that is critical of the disability rights movement. One set of factors involves the nature of disability and impairment. A second set involves presumptions regarding social values, including the importance of intelligence in relation to other human (...) characteristics, competition as the basis of social organization, and the nature of the parent–child relationship. The authors’ disapproval of certain aspects of the disability rights movement can be seen to be associated with particular positions regarding these factors. Although the authors intend to use a method of ‘broad reflective equilibrium,’ we argue that their idiosyncratic commitment to particular concepts of disability and particular social values produces a narrowing of the moral significance of their conclusions regarding disability rights. (shrink)
Three of the articles included in this issue of the Journal of Medicine and Philosophy - Ron Amundson and ShariTresky's "On a Bioethical Challenge to Disability Rights"; Rachel Cooper's "Can It Be a Good Thing to Be Deaf?"; and Mark T. Brown's "The Potential of the Human Embryo" - interact (in various ways) with the concepts of disability, humanity, and personhood and their normative dimensions. As one peruses these articles, it becomes apparent that terms like "disability," "human (...) being," and "person" carry with them great normative significance. There is, however, much disagreement concerning both the definition and the extension of such terms. This is significant because different terms and definitions are associated with different sets of normative requirements. In what follows we reconstruct the argument of each of the articles, and then offer some brief critical analysis intended to stimulate further thought about and discussion of the issues that each raises. (shrink)
The concept of green jobs emerged in 2007 as a means for conserving energy, minimizing natural gas emissions, reducing pollution and waste and protecting and improving ecosystems. The practice of decent employment through such jobs has caught on significantly and shown much positive effects. Decent work refers to employment opportunities that provide for fair income, security, improving personal and social development and promoting equality. Combining green job and decent work as a new approach can alter the traditional perspective of labour (...) laws. According to the Islamic view, the Qur’an has taken into account all such concepts directly or indirectly. This article focuses on reviewing green jobs from the Islamic perspective, and concepts and principles such as squander, cleanliness, waste, no-harm and causation are directly mentioned as a necessary condition for green jobs. This paper examines the concept of green job based on content analysis approach within Islamic jurisprudence. (shrink)
Islamic equity funds are subject to the screening criteria for stock selection imposed by the principles of Islamic jurisprudence. Equities must pass three basic screens: revenue source, business activity, and financial factors to be included in an Islamic fund. However, screening criteria are not universal especially for the financial factors. One can use financial ratios based on either the book-value of total assets or the market-value of equity for screening of stocks. This may not only result in a different portfolio (...) composition but also entail diverse rebalancing and monitoring costs. The performance of 29 Islamic equity indices versus conventional indices from four major international index providers using different Shari’ah screening criteria are analyzed in a single as well as in a multi-equation framework. The use of a multi-equation framework has the added advantage of utilizing the information content of different screening criteria adopted by different index providers. The empirical findings suggest that the difference in screening criteria does not significantly affect the performance of IEIs. Returns deviation, if any, stems from the relative riskiness of the IEI as compared with the relevant benchmark. Work needs to done to streamline the quantitative screening criteria to avoid confusion among the investing public. (shrink)
Business performance is traditionally viewed from the one-dimensional financial angle. This paper develops a new approach that links performance to the ethical vision of Islam based on maqasid al-shari’ah . The approach involves a Pentagon-shaped performance scheme structure via five pillars, namely wealth, posterity, intellect, faith, and human self. Such a scheme ensures that any firm or organization can ethically contribute to the promotion of human welfare, prevent corruption, and enhance social and economic stability and not merely maximize its (...) own performance in terms of its financial return. A quantitative measure of ethical performance is developed. It surprisingly shows that a firm or organization following only the financial aspect at the expense of the others performs poorly. This paper discusses further the practical instances of the quantitative measurement of the ethical aspects of the system taken at an aggregate level. (shrink)
While Ralph Waldo Emerson has been increasingly acknowledged as an American thinker influential in the evolution of nineteenth-century philosophy, his essays have largely failed to escape the charges of quietism and political apathy bestowed upon them in his lifetime. Yet if Emerson insisted on the importance of silence to the antislavery movement, it was perhaps due to his theory that one's deepest obligations become involuntarily part of the self and thus refuse to withstand representation in direct speech. My article reads (...) Emerson's writing in this light, suggesting more broadly that the common notion that silence and politics are antithetical be reconsidered with regard to the possibility that what constitutes political speech need not be explicit — or even vocal. (shrink)
The field of Islamic bioethics is currently in development as thinkers delineate its normative content, ethical scope and research methods. Some scholars have offered Islamic bioethical frameworks based on the maqāṣid al-Sharīʿah, the higher objectives of Islamic law, to help advance the field. Accordingly, a recent JBI paper by Ibrahim and colleagues describes a method for using the maqāṣid al-Sharīʿah to provide moral end-goals and deliberative mechanisms for an Islamic bioethics. Herein I highlight critical conceptual and practical gaps in the (...) model with the hopes of fostering greater discussion about how maqāṣid al-Sharīʿah frameworks may fit within Islamic bioethics deliberation. (shrink)
Most contemporary advocates of the Just War Tradition (JWT) condemn religious war. If they are correct, waging war should be a secular affair, fully justifiable on non-religious grounds. This secularized understanding of the JWT draws on normative commitments that lead many political theorists to advocate in favor of a secularized politics in western liberal polities. As a matter of historical fact and contemporary commitment, many Muslims have rejected the secularized conception of the morality of war found in contemporary conceptions of (...) the JWT. I argue that, given appropriate distinctions between relevantly different kinds of religious war, advocates of the JWT have excellent reason to rethink their antipathy to religious war. Specifically, I argue that distinct kinds of religious war can enjoy differential normative standing and that there is no compelling reason to believe that religiously justified wars must be waged in a morally improper manner, viz., in a way that violates the JWT's in bello requirements. (shrink)
: Hisbah is the most important institution in a society and nation.Enforcement parties are those who are directly involved in executing this. Incarrying out their duties, they bear heavy responsibility because it involvesthe rights of Allah and the rights of human. Hisbah implies theimplementation of al-amr bi-l-maʿrūf when it is clear thatit is abandoned, and wa-n-nahy ʿani-l-munkar when itis clear that it is done. This study is based on the concept of Hisbah in SharīʿahLaw which is of a general and (...) widespread aspect of enjoining good andpreventing evil. Literature reviews and library searches have been conductedintensively to clarify the principles of hisbah. Additionally, descriptiveand content analysis of textual content was done on the provisions of lawsand regulations as well as guidelines on the prevention of sharīʿah crimeparameters in Malaysia. In general, our country has implemented the conceptof hisbah in its own form without the branding of an institution specifically as“the institution of hisbah”. The roles and functions of hisbah are given to theSharīʿah Enforcement Division, Islamic Religious Department in the states. (shrink)
The ArgumentBlood tests developed at the turn of the century could in some cases discern genetic relations. While such tests could never prove that a given individual had fathered a child in question, men of certain blood types could be exonerated from paternity of children with other blood types. Starting in the 1930s, scientists and lawmakers attempted to introduce such evidence into paternity or bastardy trials to attest to a man's innocence. Evidence from blood tests soon came to be used (...) in divorce cases.Blood tests appeared to be ideal for providing relevant information in cases when divorcing men claimed as a part of their suit that they had not fathered their ex-wife's child or children. Nevertheless, the courts remained reluctant to intro duce such evidence in divorce cases. This paper will argue that reluctance derived not from a distrust of the science, but from the courts' clinging to a definition of paternity that was not rooted in genetic connection.Many judges and juries fell back on the pre-industrial assumption that once a man married a woman he was automatically the father of any children she bore. While this assumption flew in the face of scientific evidence, it did have the advantage of ensuring that the children of married women could not be bastard ized. The changing manner in which courts handled the tension between genetic paternity and traditional paternity in divorce cases reveals how society's views on paternity have evolved over the course of this century. (shrink)
Anonymous sperm donation offspring often yearn for information about their biological fathers, and as they come of age that yearning increases in intensity. We first explore will and interest theory regarding this desire to know one’s heritage and argue that both theories lead to a right of the offspring to know. We then turn to the donor contract, look at the inconsistencies between donor ability to eschew parental responsibility compared to other biological fathers, and argue that there should be a (...) procedure similar to adoption procedures, whereby sperm donors take seriously the legal severing of their parental rights and responsibilities. We conclude that the offspring have a right to their genetic heritage and call for caring reproductive technological practices that ensure children of donors this right. (shrink)
The phenomenon of mass surveillance has confronted legal systems throughout the world with significant challenges to their fundamental norms and values. These dilemmas have been most extensively studied and discussed in relation to the kind of privacy cultures that exist in Europe and North America. Although mass surveillance creates the same kinds of challenges in Muslim countries, the phenomenon has rarely been discussed from the perspective of Shari’a. This article seeks to demonstrate that this neglect of mass surveillance and (...) other similar phenomena by Shari’a scholars is unjustified. Firstly, the article will address objections that Shari’a does not contain legal norms that are relevant to the modern practice of state surveillance and that, if these exist, they are not binding on rulers and will also seek to show that, whatever terminology is employed, significant aspects of the protection of privacy and personal data that exists in other legal systems is also be found deeply-rooted in Shari’a. Secondly, it will assess the specific requirements that it makes in relation to such intrusion on private spaces and private conduct and how far it can benefit from an exception to the general prohibition on spying. Finally, it is concluded that mass surveillance is unlikely to meet these Shari’a requirements and that only targeted surveillance can generally do so. (shrink)
Since 9/11, the possibilities for pluralism and tolerance have been severely tested by a discourse of terrorism and security. The development of an intelligent and cosmopolitan understanding between religious communities in Europe and America has been compromised by a range of legal and political responses to terrorism. While the debate about the berqa has clearly indicated the problems relating to Muslim cultural differences, we argue that legal pluralism and in particular the question of Shari’a tribunals may prove to be (...) a more decisive test of Western multiculturalism. This article examines the many criticisms raised against religious arbitration in domestic affairs and considers the presence of the Shari’a at various levels of society, claiming that the evolution of Sharia-mindedness is compatible both with a faith-based life and with liberal ideals. However, the problem with religious courts lies elsewhere, namely with the fragmentation of social life and the erosion of citizenship. The article concludes by examining the prospects and problems of Turkish entry into the European Union with special reference to the domestic policies of the Justice and Development Party. (shrink)
This anthology takes a broad approach to ethics, incorporating traditional topics and texts while bringing in voices and themes that are too often excluded. A substantial section on ethical theory is provided, as are readings on topics such as oppression, sex, identity, the environment, life and death, war and terror, and caring for others. Accessible introductions and discussion questions are included throughout to contextualize material for the student reader without playing favorites among the positions at issue.
This anthology offers a fresh approach to the ethics of business, casting a critical eye on entrenched assumptions and practices. It includes central works from such thinkers as John Locke, Karl Marx, Milton Friedman, Naomi Klein, and Thomas Piketty, while also introducing new voices on a range of pressing practical topics, including racial discrimination in the workplace, factory farming, climate change, affirmative action, and whistleblowing. A truly applied anthology, this book encourages students to see the real-world applications of the theories (...) at issue and to examine the consequences of business as usual. (shrink)
Genetically modified organisms have increasingly dominated commodity crop production in the world in the endeavour to address issues related to food security. However, this technology is not without problems, and can give rise to bioethical issues for consumers, particularly Muslims. The Islamic perspective on GMOs is complex and goes beyond just the determination of whether food is halal or not. If the food is halal, but the process to obtain it is not thoyibban, as it is unethical, then the food (...) cannot be permitted under the Maqasid al-Shari’ah. This paper examines ethical issues pertaining to GM crops and how the related ethical issues contradict with Islamic principles beyond the binary distinction between the contaminated and uncontaminated food. Since GM technology is a contemporary issue that may not be directly addressed in the al-Quran and Sunnah, other Islamic sources should also be referred to when drawing up this code of ethics to achieve the objective of Syariah. Maqasid al-Shari’ah can be applied to frame the Islamic bioethics guideline as it is comprehensive and encompasses moral principles directly applicable to modern biotechnology. The paper subsequently explores how the principles of Maqasid al-Shari’ah are applied in addressing these ethical issues. (shrink)
The tendency for individuals to interpret ambiguous information in a threatening way is theorised to maintain anxiety disorders. Recent findings suggest that positive and negative interpretation bi...
This investigation explores how contemporary motherhood is constituted in postindustrial consumer culture through a content and textual analysis of Shape Fit Pregnancy. Using all available issues of the magazine from its inception in 1997 to 2003, the authors first underscore a key tension surrounding pregnant women’s bodies within health and fitness discourse: That the pregnant form is presented as maternally successful yet aesthetically problematic. Second, the authors reveal how contemporary mothers are defined as newly responsible for a second shift of (...) household labor and child care and a new third shift of bodily labor and fitness practices. The analysis examines the way in which the second and third shift are constituted as mutually dependent and reinforcing. Last, the discussion analyzes how this particular fitness text draws on empowerment discourse derived from feminist gains of access to the public sphere while paradoxically inscribing women to the privatized realm of bodily practices, domesticity, and family values. (shrink)
