In 1997, the DfEE suggested that schools should consider 'setting' pupils by ability as it was believed that this would contribute to raising standards. This survey of primary schools aimed to establish the extent to which primary schools, with same and mixed age classes, implement different grouping practices including setting, streaming, within class ability and mixed ability groupings for different curriculum subjects. Schools were asked to complete a questionnaire indicating their grouping practices for each subject in each year group. The (...) findings showed that schools predominantly adopted within class ability groupings, either mixed or ability grouped, for most subjects. Ability grouping (within class and setting) was most common in mathematics, followed by English and science. Its implementation increased as pupils progressed through school. The type of setting adopted, same or cross-age, tended to reflect the nature of the class structures within the school. (shrink)

Public reason in practice and theory -- False starts: unsuccessful justifications of public reason -- Respect for persons as a constraint on coercion -- Higher-order unanimity escape clause -- Civic friendship as a constraint on reasons for decision -- Public reason and (same-sex) marriage.

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person , without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of multi-perspectival acceptability. (...) The demand for public justifiability can be specified in different ways, depending on what exactly has to be publicly justifiable, who is supposed to apply the principle, who counts as reasonable or otherwise qualified, and so on. One of these dimensions concerns the notion of acceptability. Should we care about acceptability to each reasonable perspective, based on all of the reasons that perspective accepts, or should we care about acceptability to all, based on only those reasons that all reasonable perspectives accept? This choice has been referred to by the distinction between "consensus" and "convergence." Sometimes people agree about practical conclusions but for different reasons, in which case their reasoning can be said to converge from different moral or philosophical starting points. Other times, people agree about their moral or philosophical starting points, but reach different practical conclusions, based on different beliefs about the factual context, different rankings of shared concerns, or different judgments about how to apply these concerns to specific situations. (shrink)

This paper addresses the question of whether the duties associated with public reason are conditional on reciprocity. Public reason is not a norm intended to stabilize commitment to justice, but a moral principle, albeit one that is conditional on reciprocity because grounded in the idea of mutual respect despite ongoing moral disagreement. We can build reciprocity into the principle by stipulating that unanimous acceptability is required only with respect to points of view accepting the principle. If compliance with law is (...) assured, then the duties of public reason associated with authorship of law should be considered conditional on reciprocity only in this ‘internal’ sense, which is not proportional but bi-lateral. (shrink)

The doctor-patient relationship -- Consent, choice, and refusal : adults with capacity -- Treating adults who lack capacity -- Children and young people -- Confidentiality -- Health records -- Contraception, abortion, and birth -- Assisted reproduction -- Genetics -- Caring for patients at the end of life -- Euthanasia and physician assisted suicide -- Responsibilities after a patient's death -- Prescribing and administering medication -- Research and innovative treatment -- Emergency situations -- Doctors with dual obligations -- Providing treatment and (...) care in detention settings -- Education and training -- Teamwork, referral, delegation, and shared care -- Public health dimensions of medical practice -- Reducing risk, clinical error, and poor performance. (shrink)

This chapter explores how what is dismissed as “trans activism” is often public philosophy. It considers how so‐called “public philosophy” on trans issues often does a substantially worse job of living up to the name. The chapter discusses how the dichotomy between “trans activism” and “public philosophy” provides a pretext for marginalizing trans voices. To draw on Black feminist philosophical thought, lived experience is a criterion for knowledge of the needs of marginalized people. Like other marginalized communities, trans communities have (...) encountered many areas in which hermeneutical liberation is needed. Public philosophy as trans activism is often systemically and systematically ignored or willfully misinterpreted as being biased and motivated by self‐interest, whereas anti‐trans (public) philosophy is seen as asking the important questions. (shrink)

Public reasoning is widely thought to be essential to democracy, but there is much disagreement about whether such deliberation should be constrained by a principle of public reason, which may seem to conflict with important democratic values. This paper denies that there is such a conflict, and argues that the distinctive contribution of public reason is to constitute a relationship of civic friendship in a diverse society. Acceptance of public reason would not work against mutual understanding, learning, or compromise, nor (...) does the principle involve any violation of political equality. The real threat to democracy is not public reason, but the framing of public reason by a presumption against state action. (shrink)

This paper compares Joseph Heath’s critique of the just deserts rationale for markets with an earlier critique due to Frank Knight, Milton Friedman, and Friedrich Hayek. Heath shares their emphasis upon the role of luck in prices based on supply and demand. Yet he avoids their claim that the inheritance of human capital is on a moral par with the inheritance of ordinary capital, as a basis for unequal shares of the social product. Heath prefers to argue that markets do (...) not tend to reward talent as such. The paper raises some doubts about this factual claim, and argues that sweeping the issue of talent under the rug threatens to make our theory of justice less egalitarian than it would otherwise be. The paper also addresses the objection that claims of unfairness based on the arbitrariness of the distribution of innate abilities will undermine self-respect. (shrink)

One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...) also claiming it to be true. In preferring to claim reasonableness rather than truth, Rawls's main concern seems to have been to distinguish the ‘whole truth’ as represented by a particular comprehensive religious or philosophical doctrine, from the truth about politics given that reasonable people will inevitably disagree about the whole truth. (shrink)

Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person, without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of multi-perspectival acceptability. The (...) demand for public justifiability can be specified in different ways, depending on what exactly has to be publicly justifiable, who is supposed to apply the principle, who counts as reasonable or otherwise qualified, and so on. One of these dimensions concerns the notion of acceptability. Should we care about acceptability to each reasonable perspective, based on all of the reasons that perspective accepts, or should we care about acceptability to all, based on only those reasons that all reasonable perspectives accept? This choice has been referred to by the distinction between "consensus" and "convergence." Sometimes people agree about practical conclusions but for different reasons, in which case their reasoning can be said to converge from different moral or philosophical starting points. Other times, people agree about their moral or philosophical starting points, but reach different practical conclusions, based on different beliefs about the factual context, different rankings of shared concerns, or different judgments about how to apply these concerns to specific situations. (shrink)

This paper tries to reconcile reciprocity with a fundamentally 'subject-centred' ethic by interpreting the reciprocity condition as a consequence of the fact that justice is in part a relational value. Duties of egalitarian distributive justice are not grounded on the duty to reciprocate benefits already received, but limited by a reasonable assurance of compliance on the part of those able to reciprocate, because their point is to constitute a valuable relationship, one of mutual recognition as equals. We have unconditional duty (...) to help establish just global institutions, institutions which would allow us to share fairly in the burdens and benefits of global economic cooperation, but no unilateral duty to share fairly, where such institutions are not in place. Since non-contribution on the part of those unable to contribute involves no failure of recognition, the disabled do not fall outside the scope of distributive justice. (shrink)

La 4e de couverture indique : "Du Mutterrecht, l'oeuvre majeure de Bachofen, Walter Benjamin écrivait qu'il s'agissait d'une « prophétie scientifique ». De prime abord, il s'agit là d'une étrange définition pour un ouvrage qui, loin de se tourner vers l'avenir et d'en délinéer les formes, explore les confins du passé pour esquisser, par le biais de l'étude des mythes, le contour de l'origine de nos sociétés. La pensée de Bachofen est prophétique car révolutionnaire, et par là même porteuse de (...) fruits pour l'avenir. Il a en effet avancé une thèse bouleversante : les premières sociétés humaines auraient été régies par un droit maternel, l'organisation patriarcale n'étant qu'une forme plus avancée, certes, mais plus tardive de l'évolution spirituelle et sociale de l'humanité. Sa pensée permet ainsi de réfléchir à la prégnance de l'opposition masculin/féminin, maternel/paternel dans les fondements mêmes de nos sociétés, mais aussi de considérer l'importance que la notion d'origine, et la représentation, pour erronée qu'elle soit, qui en est faite, revêt pour la construction et le maintien de la société et de ses structures. C'est bien là une réflexion avec laquelle, aux dires de Bachofen lui-même, « on n'est pas prêt d'en finir ».". (shrink)

Elements comprising a set of building blocks for a feminist reconstruction of citizenship might include: a critical synthesis of citizenship as a status and a practice; strengthening the inclusive side of citizenship (within and across nation-states); the principle of differentiated universalism, addressing tensions between an analysis grounded in difference and the universalism standing at the heart of citizenship; and a challenge to the binary thinking that constrains the articulation of women's claims to citizenship.

In this paper, we examine the scientific, legal, and ethical foundations for inclusion of transgender women athletes in competitive sport, drawing on IOC principles and relevant Court of Arbitration for Sport decisions. We argue that the inclusion of trans athletes in competition commensurate with their legal gender is the most consistent position with these principles of fair and equitable sport. Biological restrictions, such as endogenous testosterone limits, are not consistent with IOC and CAS principles. We explore the implications for recognizing (...) that endogenous testosterone values are a ‘natural physical trait’ and that excluding legally recognized women for high endogenous testosterone values constitutes discrimination on the basis of a natural physical trait. We suggest that the justificatory burden for such prima facie discrimination is unlikely to be met. Thus, in place of a limit on endogenous testosterone for women, we argue that ‘legally recognized gender’ is most fully in line with IOC and CAS principles. (shrink)

At the outset of an ethnographic inquiry, we navigated national and international resources to search for theoretical and practical guidance on obtaining parents and children’s informed consent/assent. While much theoretical guidance debating ethical issues to children’s participation in research was found, a paucity of published papers offering practical guidance on assent processes and/or visual representations of child assent forms and information sheets was discovered. The purpose of this article is to describe our experiences, both theoretically and practically, of negotiating the (...) process of obtaining informed consent and assent with parents and children for a non-therapeutic qualitative research study. We hope this article instigates a platform for others to explicate their experience and contributes to the construction of a coherent body of knowledge which will clearly delineate important elements that must be considered when negotiating children’s agreement to participate in research. (shrink)

Jason Brennan and John Tomasi have argued that if we focus on income alone, the Difference Principle supports welfare-state capitalism over property-owning democracy, because capitalism maximizes long run income growth for the worst off. If so, the defense of property-owning democracy rests on the priority of equal opportunity for political influence and social advancement over raising the income of the worst off, or on integrating workplace control into the Difference Principle’s index of advantage. The thesis of this paper is that (...) even based on income alone, the Difference Principle is not as hostile to property-owning democracy as it may seem, because the Difference Principle should not be interpreted to require maximizing long run income growth. The main idea is that it is unfair to make the present worst off accept inequality that doesn’t benefit them, for the sake of benefitting the future worst off, if the future worst off will be better off than they are anyway. (shrink)

Restrictive border protection policies directed toward managing the flow of refugees coming into neoliberal democracies (and out of failing nation-states) are a defining feature of contemporary politics. In this book, Verónica Tello analyses how contemporary artists-such as Tania Bruguera, Isaac Julien, Rosemary Laing, Dinh Q. Lé, Dierk Schmidt, Hito Steyerl, Lyndell Brown and Charles Green-negotiate their diverse subject positions while addressing and taking part in the production of images associated with refugee experiences and histories. Tello argues that their practices, which (...) manifest across a range of contexts including Cuba, the United States, Australia and Europe, represent an emergent, global paradigm of contemporary art, 'counter-memorial aesthetics'. Counter-Memorial Aesthetics, Tello argues, is characterized by its conjunction of heterogeneous signifiers and voices of many times and places, generating an experimental, non-teleological approach to the construction of contemporary history, which also takes into account the complex, disorienting spatial affects of globalization. Spanning performance art, experimental 'history painting', aftermath photography and video installation, counter-memorial aesthetics bring to the fore, Tello argues, how contemporary refugee flows and related traumatic events critically challenge and conflict with many existing, tired if not also stubborn notions of national identity, borders, history and memory. Building on the writings of such thinkers as Michel Foucault and Jacques Rancière, this book offers a useful concept of 'counter-memory' for the twenty-first century. It shows how counter-memorial aesthetics is not only central to the nexus of contemporary art and refugee histories but also how it can offer a way of being critically present with many other, often interrelated, global crises in the contemporary era. (shrink)

Offers a historical-cultural context for the ethos of service in libraries and critically examines this professional value as it intersects with gender, sexuality, race and ethnicity, class, and (dis)ability"--Provided by publisher.

This article aims to reconstruct the essential lines of Kant’s theory of meaning as it appears in critical Kantian philosophy. More particularly, an originality of the Kantian theory of meaning is highlighted, namely the distinction that this theory introduces between two modalities of meaning, namely a theoretical modality and a practical, that is to say a moral modality.

It is commonly thought that that the best system account of lawhood ((Mill (1843), Ramsey (1978)[fp. 1928], Lewis (1973)) makes available a nice explanation for why laws are ‘distinctively appropriate targets of scientific inquiry’ (Hall, 2015). The explanation takes the following general form: laws are especially valuable for agents like us because they efficiently encode a lot of valuable (non-nomic) information in a tractable format. The goal of this paper is to challenge this style of explanation: I argue that the (...) general principle it presupposes is in conflict with our best account of practical rationality. After considering and rejecting a number of proposals for dissolving the tension, I conclude that BSA proponents may need to scale back the explanatory ambitions of their theory; in particular, they may need to give up the hope of non-circular explanations of the value of nomic information. I end by outlining some challenges for the humean world-view that results after this shift. (shrink)

Un invito a vedere nella vita e nelle opere di don Sturzo delle risposte alle difficoltà del mondo attuale, approfondendo le ragioni di un impegno cristiano per il recupero della dimensione etica dell’economia, della politica e delle istituzioni.

En este trabajo presentamos el proceso del ordenamiento, catalogación y curaduría de los materiales fotográficos de un antropólogo estadounidense que realizó trabajo de campo en Atlixco, Puebla, México, con indígenas de la etnia nahua en las décadas de 1970 y 1980La metodología utilizada para este trabajo se basó en una propuesta propia de catalogación mínima de materiales fotográficos.Concluimos que la catalogación mínima es adecuada para la interoperabilidad con los estándares internacionales y resulta fácil de aplicar en los contextos universitarios y (...) de archivos locales. (shrink)

Background:Ethical competence in nursing practice helps clinical nurses to think critically, analyse issues, make ethical decisions, solve ethical problems and behave ethically in their daily work. Thus, ethical competence contributes to the promotion of high-quality care. However, studies on ethical competence in Malawi are scanty.Objectives:The aim of this study was to explore ethical competence among clinical nurses in selected hospitals in Malawi.Methodology:A cross-sectional survey was conducted in four selected hospitals in Malawi with a sample of 271 clinical nurses. Data were (...) collected using self-administered questionnaires, which included a Moral Competence Scale for Home Care Nurses. Descriptive statistics and logistic regression were computed for the dataset using STATA version 12.0.Ethical consideration:The study protocol complied with all ethical requirements and was approved by the College of Medicine Research Ethics Committee under the University of Malawi.Results:The clinical nurses in Malawi are ethically competent. However, there is a significantly high number (p 0.05). Three determinants of high ethical competence level (strong will, judgement skills and recognition of discrepancy of intention) were identified through a reduced model after stepwise logistic regression analysis. Furthermore, results show that indicators of ethical competence include caring, confidentiality and observance of nurses dressing code. The study has also confirmed that the Moral Competence Scale for Home Care Nurses is a reliable tool to assess ethical competence in low-resource settings.Conclusion:The majority of nurses who completed the survey had low ethical competence. However, clinical nurses with high ethical competence level are required to competently manage complex ethical challenges in health facilities. Strategies for enhancing ethical competence such as continuing ethics education, establishment of ethics committees and provision of supportive supervision are recommended to enable nurses in Malawi attain a high level of ethical competence. (shrink)

It’s relatively easy to say that the debates about whether trans and intersex women athletes deserve full and equal inclusion in women’s sport is a contentious contemporary issue. I’ve already argued for the legal, ethical, and scientific basis for full and equal inclusion of trans and intersex women in women’s sport. In this paper, I want to analyze what I take to be a representative selection of recent arguments against full and equal inclusion of trans and intersex women in women’s (...) sport. In short, these arguments tend to be based on mere assumption, unsupported “common sense,” straw arguments, fallacious question begging, and a number of hypotheticals and unsupported counterfactuals rather than established fact. Essentially, they’re based on a lot of “ifs.”. (shrink)

Abstract:Brain–computer interfaces (BCIs) can enable communication for persons in severe paralysis including locked-in syndrome (LIS); that is, being unable to move or speak while aware. In cases of complete loss of muscle control, termed “complete locked-in syndrome,” a BCI may be the only viable solution to restore communication. However, a widespread ignorance regarding quality of life in LIS, current BCIs, and their potential as an assistive technology for persons in LIS, needlessly causes a harmful situation for this cohort. In addition (...) to their medical condition, these persons also face social barriers often perceived as more impairing than their physical condition. Through social exclusion, stigmatization, and frequently being underestimated in their abilities, these persons are being locked out in addition to being locked-in. In this article, we (1) show how persons in LIS are being locked out, including how key issues addressed in the existing literature on ethics, LIS, and BCIs for communication, such as autonomy, quality of life, and advance directives, may reinforce these confinements; (2) show how these practices violate the United Nations Convention on the Rights of Persons with Disabilities, and suggest that we have a moral responsibility to prevent and stop this exclusion; and (3) discuss the role of BCIs for communication as one means to this end and suggest that a novel approach to BCI research is necessary to acknowledge the moral responsibility toward the end users and avoid violating the human rights of persons in LIS. (shrink)

The introduction of new medical treatments based on invasive technologies has often been surrounded by both hopes and fears. Hope, since a new intervention can create new opportunities either in terms of providing a cure for the disease or impairment at hand; or as alleviation of symptoms. Fear, since an invasive treatment involving implanting a medical device can result in unknown complications such as hardware failure and undesirable medical consequences. However, hopes and fears may also arise due to the cultural (...) embeddedness of technology, where a therapy due to ethical, social, political and religious concerns could be perceived as either a blessing or a threat. While Deep Brain Stimulation (DBS) for treatment resistant depression (TRD) is still in its cradle, it is important to be proactive and try to scrutinize both surfacing hopes and fears. Patients will not benefit if a promising treatment is banned or avoided due to unfounded fears, nor will they benefit if DBS is used without scrutinizing the arguments which call for caution. Hence blind optimism is equally troublesome. We suggest that specificity, both in terms of a detailed account of relevant scientific concerns as well as ethical considerations, could be a way to analyse expressed concerns regarding DBS for TRD. This approach is particularly fruitful when applied to hopes and fears evoked by DBS for TRD, since it can reveal if our comprehension of DBS for TRD suffer from various biases which may remain unnoticed at first glance. We suggest that such biases exist, albeit a further analysis is needed to explore this issue in full. (shrink)

The article discusses a relatively obscure but significant aspect of work of the Russian and Soviet thinker Alexander Bogdanov—his science fiction novels. The author points out that, using the form...

O objetivo deste artigo é apresentar uma argumentação sobre a possibilidade de se pensar a justiça como uma experiência do i m possível. Parte-se da distinção derridiana entre justiça e direito. Essa distinção trará algumas implicações no que tradicionalmente é entendido como ética. Partindo do jogo ou da différance marcada entre a presença/ausência, pretende-se estabelecer um ponto de diálogo entre Derrida e Levinas. O ponto de aproximação é a questão do terceiro na relação do face a face. Nesse sentido, problematiza-se (...) se a desconstrução pode ser adotada como um possível modo filosófico que fundamente a compreensão da justiça. (shrink)

This article examines how migration contributes to the plurality of masculinities among Guatemalan men, particularly among migrant men and their families. I argue that migration offers an opportunity to men, both migrant and nonmigrant, to reflect on their emotional relations with distinct family members, and show how, by engaging in this reflexivity, these men also have the opportunity to vent those emotions in a way that offsets some of the negative traits associated to a hegemonic masculinity, such as being unemotional, (...) nonnurturing, aggressive, and dispassionate. This study contributes to transnational migration studies in three ways: by examining the more personal and emotional side of transnational life, by examining ways in which men step away from culturally expected hegemonic masculine identity, and by providing an empirical study of subaltern masculinities, particularly among transnational immigrant men. Drawing on multi-sited, in-depth interviews conducted in Guatemala and California, my research contributes to our understanding of the emotional costs of transnational migration for migrants and their families, particularly for men, by examining the interplay among gender, family, and transnational migration. (shrink)