Too much of the debate about how respect for human rights can be advanced on a global basis currently revolves around crisis situations involving so-called mass atrocity crimes and the possibility of addressing abuse through the use of military force. This preoccupation, as understandable as it is, serves to mask much harder questions of how to deal with what might be termed silent and continuous atrocities, such as gross forms of gender or ethnic discrimination or systemic police violence, in ways (...) that are achievable, effective, and sustainable. This more prosaic but ultimately more important quest is often left to, or perhaps expropriated by, international lawyers. Where the politician often finds solace in the deployment of military force, the international lawyer turns instinctively to the creation of a new mechanism of some sort. Those of modest inclination might opt for a committee or perhaps an inquiry procedure. The more ambitious, however, might advocate the establishment of a whole new court. And surely the most “visionary” of such proposals is one calling for the creation of a World Court of Human Rights. A version of this idea was put forward in the 1940s, but garnered no support. The idea has now been revived, in great detail, and with untrammeled ambition, under the auspices of an eminent group of international human rights law specialists. (shrink)

William Irwin gives readers a deeply moving and insightful work into human relationships, our connection to others, the nature of reality, the pursuit of flourishing, and human nature in general. Little Siddhartha centers on three generations of family and explores how they respond to the pressures of life, their place in the world, and the fractured relationships that result. Starting with the younger Siddhartha’s mantra of “Eat, drink, and be merry,” and ending with a concerted chant of “Om,” Irwin (...) weaves a tale that explores the spiritual recesses of human existence, calling on readers to understand, forgive, and most importantly, to listen. (shrink)

Quel lien y a-t-il entre le style, qui exprime un rapport au monde, et la théologie qui engage un rapport à Dieu ? Ce lien a été très fort dans le passé. À travers Augustin et le Pseudo-Denys, la pensée néoplatonicienne transmet au Moyen Âge le thème de la lumière intelligible. L’univers médiéval s’appréhende comme un cosmos transfiguré par la lumière de Dieu qui s’irradie sur toutes choses. Les Sommes théologiques baignent dans ce même symbolisme lumineux. Cependant, la pensée scolastique, (...) sous l’influence de l’aristotélisme, prend une orientation divergente : le réalisme tend à séculariser la nature ; la clarté ne vient plus d'en haut, mais d'en bas, de l’objet : l’esthétique se détache du discours théologique, l'allégorie se libère du symbole en direction de l'imaginaire. Quel sens reconnaître à un tel cheminement marqué au sceau de notre modernité ? Un champ esthétique, devenu ainsi autonome, ne risque-t-il pas de se retrouver exclusivement voué aux jeux formels d’une fiction pure sur fond de néant de sens ? Non, car l'imaginaire exerce une « fonction métaphorique » et « ontologique » , qui ouvre vers un supplément de sens. Le style est une structure individualisante qui rend sensible, dans l’art, le jaillissement d'une vérité du monde qui se répète dans les diverses productions esthétiques d'une même aire culturelle. Un style peut donc être un « lieu théologique » porteur d'un certain rapport au sacré, au même titre que « trace séculière » de formes spirituelles les plus diverses. D’où l’éminente leçon de « L'art sacré » contemporain, attentif aux affinités, techniques et défis de la modernité et, partant, promis aux rencontres œcuméniques les plus enrichissantes.What connection is there between style that expresses a relationship with the world, and theology that engages a relationship with God ? This connection was very strong in the past. From Augustine and the Pseudo-Dionysius, Neoplatonic thought transmitted to the Middle Ages the theme of intelligible light. The medieval universe is understood as a cosmos transfigured by God’s light irradiating all things. Theological Summas bathe in the same luminous symbolism. Under Aristotelian influence, Scholastic thought, however, takes a divergent orientation : realism tends to secularize nature ; clarity does net come from on high, but below, from the object ; the aesthetic detaches itself from the theological discourse, allegory frees itself from the symbol in the direction of the imaginary. What meaning can be seen in such a path that is marked with the seal of our modernity ? Does not the aesthetic field, that has become autonomous, take the risk of finding itself exclusively dedicated to formal games of pure fiction on a background of meaninglessness ? No, for the imaginary exercises a « metaphorical » and « ontological » function that opens towards an increase of meaning. The style is a individualizing structure that renders sensitive, in art, the breaking out of a truth of the world that repeats itself in the diverse aesthetic productions of a same cultural space. A style can, therefore, be a « theological site » carrying a certain rapport to the sacred, and at the same time that « secular pathway » of the most diverse spiritual forms. From there comes the eminent lesson of contemporary « Sacred Art », attentive to the affinities, techniques, and challenges of modernity, and consequently, engaged to most enriching ecumenical encounters. (shrink)

Kobade teaches that we must recognize all individuals as links in a familial/community chain from ancestors, to the present, and to future generations. With the recognition of kobade, individuals are then called to develop kwe—knowledge of one’s self that is theoretically anchored to and generated through one’s particular ancestral and lived experience. Kwe is a deep personal knowledge that is produced by combining the past with the present through everyday actions. It creates an attitude and process of engagement with the (...) world that responds to oppression by refusing domination of all kinds and generates new ways of engaging and living one’s grounded normativity. Grounded normativity is what stabilizes and motivates a life of meaning that participates in an embodied radical resurgence. (shrink)

Entrepreneurs typically live with the ever-present threat of business failure arising from limited financial resources and aggressive competition in the marketplace. Under these circumstances, conflicting priorities arise and the entrepreneur is thus faced with certain dilemmas. In seeking to resolve these, entrepreneurs must often rely on their own judgment to determine “what is right”. There is thus a need for a technique to assist them decide on a course of action when no precedent or obvious solution exists. This research paper (...) examines how entrepreneurs experience and deal with these dilemmas. The research is based on interviews with seven entrepreneurs in established service-oriented ventures, which gave rise to 26 dilemmas. These dilemmas were analyzed by making use of the Synergy Star technique, which is introduced here as a tool that is useful in defining any dilemma, isolating the ethical component, and resolving the dilemma in a way that is congruent with the entrepreneur’s personal world-view. (shrink)

Entrepreneurs typically live with the ever-present threat of business failure arising from limited financial resources and aggressive competition in the marketplace. Under these circumstances, conflicting priorities arise and the entrepreneur is thus faced with certain dilemmas. In seeking to resolve these, entrepreneurs must often rely on their own judgment to determine “what is right”. There is thus a need for a technique to assist them decide on a course of action when no precedent or obvious solution exists. This research paper (...) examines how entrepreneurs experience and deal with these dilemmas. The research is based on interviews with seven entrepreneurs in established service-oriented ventures, which gave rise to 26 dilemmas. These dilemmas were analyzed by making use of the Synergy Star technique, which is introduced here as a tool that is useful in defining any dilemma, isolating the ethical component, and resolving the dilemma in a way that is congruent with the entrepreneur’s personal world-view. (shrink)

Author Benjamin Sells believes we are living in a lawless time. Although we are faced with rules and codes of conduct every day, the essence and soul has been stripped from the law. Order in the Court suggests ways to temper a system in which it seems that whoever has the most power and money wins rather than providing "liberty and justice for all." Far more than a book for or about lawyers, Sells's work focuses on issues and themes (...) that affect our culture and our everyday lives. These include: personal issues that affect lawyers, as well as many other types of professional workers, such as depression and isolation; psychological problems that affect daily professional practice; and broad, cultural issues such as communication, workaholism and the value of community. (shrink)

Hegel called world history a court of judgement, a world court, and in his Lectures on the Philosophy of World History he took Africans before that court and found them to be barbaric, cannibalistic, preoccupied with fetishes, without history, and without any consciousness of freedom. -/- In this paper, after rehearsing some of the more familiar objections to Hegel's verdict against Africa, I turn the tables and put Hegel on trial. More specifically, given that (...) much of Hegel's account is directed against the Ashanti, I will use what is known about them and especially what Hegel either did know or should have known, to take him before the court of the Ashanti, where the use of evidence can be interrogated. The results of this examination render all the more pressing the need to give an account of how Hegel applied his system of justice to Africa, which I attempt to do in the second part of the paper. In the third part, I return to the interpretation of Hegel's statement about Africa as unhistorical and, having restored it to its context in Hegel's system, show its. (shrink)

_Courting the Abyss_ updates the philosophy of free expression for a world that is very different from the one in which it originated. The notion that a free society should allow Klansmen, neo-Nazis, sundry extremists, and pornographers to spread their doctrines as freely as everyone else has come increasingly under fire. At the same time, in the wake of 9/11, the Right and the Left continue to wage war over the utility of an absolute vision of free speech in (...) a time of increased national security. _Courting the Abyss_ revisits the tangled history of free speech, finding resolutions to these debates hidden at the very roots of the liberal tradition. A mesmerizing account of the role of public communication in the Anglo-American world, _Courting the Abyss_ shows that liberty's earliest advocates recognized its fraternal relationship with wickedness and evil. While we understand freedom of expression to mean "anything goes," John Durham Peters asks why its advocates so often celebrate a sojourn in hell and the overcoming of suffering. He directs us to such well-known sources as the prose and poetry of John Milton and the political and philosophical theory of John Locke, Adam Smith, John Stuart Mill, and Oliver Wendell Holmes Jr., as well as lesser-known sources such as the theology of Paul of Tarsus. In various ways they all, he shows, envisioned an attitude of self-mastery or self-transcendence as a response to the inevitable dangers of free speech, a troubled legacy that continues to inform ruling norms about knowledge, ethical responsibility, and democracy today. A world of gigabytes, undiminished religious passion, and relentless scientific discovery calls for a fresh account of liberty that recognizes its risk and its splendor. Instead of celebrating noxious doctrine as proof of society's robustness, _Courting the Abyss_ invites us to rethink public communication today by looking more deeply into the unfathomable mystery of liberty and evil. (shrink)

This work studies the Great Council of Malines as an institution. It analyzes the Council's internal organization and staff policy, its position within the broader society of the Austrian Netherlands, the volume and nature of litigation at the Council, and its final years and ultimate demise in the late 18th and early 19th century. By means of this institutional study, this volume provides insight into the role played by the Great Council in the process of state-building in the 18th century (...) Austrian Netherlands. While superior courts were once considered to be the prime agencies of change in the Early Modern Period, tools par excellence for the sovereigns' striving towards centralization and superiority, their position in the 18th century has so far been barely touched upon. This work focuses specifically on the 18th century supreme court of the Austrian Netherlands, and provides a broad overview with attention to other aspects of the tribunal's functioning and to its role in 18th century attempts at state formation. (shrink)

There is renewed scholarly interest in studying the dynamics of constitutional revolutions and the explanations for the rise of constitutional courts around the world. At the same time, there is growing discussion of democratic backsliding and concern that democracies are exhibiting extremism, weakening of opposition forces and constitutional courts, and violations of civil and political rights that are pertinent to vibrant democracies. Scholars try to study both phenomena and understand the relationship between them. Israel is an important case study (...) for both agendas. This Article analyzes the jurisprudence of Aharon Barak, one of the greatest jurists of our time with a worldwide reputation for revolutionizing both Israeli constitutional law and comparative constitutional law. It explains the tactics and strategy used by Barak to revolutionize Israeli constitutional law on issues of reasonableness, proportionality, standing, justiciability, constitutional review, equality, and supra-constitutional law. It reveals how each revolution paved the way for the next. It offers explanations for the effectiveness of these judicially-led revolutions as well as possible bases for their legitimation. Barak was a common law judge and ultimately treated parliamentary sovereignty as a doctrine arising from common law and constrained by common law, though he never quite put it in these terms. The Article concludes with explanations for the political backlash experienced by the current Israeli Supreme Court that some have characterized as democratic backsliding. It argues that the Court contributes to the development of law as part of a dialog and interaction between the different branches of government. As the Court operates within these dynamics, it must understand and take into account the institutional, political, and social environments in which it operates to preserve legitimacy and achieve efficacy. Barak was a strategic player that laid foundations for an expansive judicial power, but his Court was very prudent in utilizing that power. His successors may have contributed unintentionally to the backlash against the Court by following Barak’s substantive jurisprudence, but not necessarily his prudent tactics and strategy. (shrink)

This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a "force for good" but rather subjects them to critical scrutiny against a (...) background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government. (shrink)

Courts play a central role in legal and political processes in many countries in the common law world. Legal actors have a stake in making sure that legal processes and procedures are perceived as legitimate, both by the general population and professionals. Civil procedure, in both common law and civilian legal systems, has been historically known for its complexity. This article presents a body of empirical research about courts and procedural rules, and their role in different societies. It also (...) analyzes research and states how it has been used in policy debates and reforms. In addition, it discusses the question of the demand and supply for empirical research about rules of procedure and courts, and explores the difficulty of carrying out empirical research that goes beyond a focus on the institutional needs of the courts themselves and the reformers interested in their own court-reform agendas. (shrink)

A large body of scholarship in political economy suggests economic growth, and foreign direct investment in regulated industries in particular, is more likely to occur when formal institutions allow states to provide credible commitments regarding the security of property rights. In contrast, this article argues that we must instead examine differences in firm organizational structure and embeddedness to explain variation in the resilience of privatization contracts in weak institutional environments. Domestic investors—or, if contracts are granted at the subnational level, domestic (...) investors with diverse local holdings—work most effectively in the developing world. Domestic investors are better able to negotiate mutually beneficial adaptations to their formal contracts with host governments because they can draw on informal contractual supports that derive from cross-sector diversification and embeddedness in the market. This article finds strong support for this argument through an analysis of fourteen water privatization contracts in Argentina. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 479-495.

This article explores the possibility of locating an ‘ethics of memory’ respecting commission of mass atrocities via the link between justice, truth and memory. First, it suggests a typology for memory in relation to justice in its retributive and restorative aspects. Second, it explores how so-called ‘memory-justice’ arises in the course of international proceedings—and particularly given its significance under the Rome Statute—by considering, critically, the international community's ability to repair or restitute injury by engaging in memory in ‘the right way’. (...) Lastly, it suggests limitations of memory-justice of which only some can be overcome. The challenges and arguments for a ‘categorical imperative’ for memory are left for a subsequent treatment, but arguments in law and practical ethics will be suggested in favour of properly approaching memory in pursuit of justice, with profound consequences for the nascent Court and sister tribunals, in their efforts to break the cycle of conflict in affected regions, and rid the world of the worst crimes known to humanity. (shrink)

Does the establishment of a permanent InternationalWar Crimes Tribunal (International Criminal Court - ICC) constitute a challenge to national sovereignty? According to previous US governments and several American observers, the answer is yes. Establishing a world court that acts independently of the states that gave birth to it renders the idea of sovereignty meaningless. This article analyzes the American objections to the ICC and the conception of sovereignty and international law underlying these objections. It first considers the (...) structure and intent behind the criminal court and attempts to unveil the logic hiding behind the idea of ‘America’s historical uniqueness.’ It touches on the diverging US and European conceptions of sovereignty and ends up arguing that governments that stick to traditional conceptions of sovereignty and international law in the employment of their foreign policy may lose the moral legitimacy that has proven increasingly important for winning the sympathy of allies and regaining world leadership. Keywords: The ICC; US opposition to the court; sovereignty; international law; exceptionalism (Published: 19 May 2009) Citation: Ethics & Global Politics, Vol. 2, No. 2, 2009, pp. 83-108. DOI: 10.3402/egp.v2i2.1973. (shrink)

This book traces the roots of the contemporary abortion debate in the tradition of existential philosophy of the Sartrian type by investigating the work of four feminist writers on abortion—each with a specific focus: Simone de Beauvoir, Mary Daly, Carol Gilligan, and Beverly Wildung Harrison. _No Higher Court_ attempts to envisage a pro-life feminism that is able to provide a "new world for women without abortion as its linchpin and bedrock.".

Decisions made so far by the Federal Constitutional Court of Germany have always been characterized by their writing and content, even down to details, precision, accuracy, professional legal style of writing, always clear in the elaboration and adjudication of cases from its competence, but surprisingly, in our country, only a few have paid attention to the German Court in a scientific context, which can be seen from the only few materials we possess in the Albanian language. The purpose (...) of this paper is to provide an overview of this Court, so that the comparative aspects can be made, highlighting its advantages and disadvantages, in case of dictating the state need for reform of the Constitutional Courts. Those who have institutionalized this constitutional institution know its value in the system of constitutional justice, which performs it in terms of protection of constitutions, its principles and value, and most importantly in the protection of freedoms and rights of human beings and citizens. The Federal Constitutional Court of Germany, to this date, has conveyed the efficiency of the protection of the German legal order, the serious approach and law interpretation, for the protection of freedoms and human rights, which ranks this court into a high level among all other powers in the German law system. The author, in the following paper, gives an overview of this Court starting with its history, organization and functioning, which today undoubtedly constitutes one of the most important constitutional courts in the world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.3 (2000) 221-242 [Access article in PDF] Reigning in the Court of Silence: Women and Rhetorical Space in Postbellum America Nan Johnson [Figures]Nervous, enthusiastic, and talkative women are the foam and sparkle, quiet women the wine of life. The senses ache and grow weary of the perpetual glare and brilliancy of the former, but turn with a sense of security and repose to the mild, (...) mellow glow irradiating the sphere of the latter. We associate all ideas of rest with quiet women. They are soul-divinities reverently guarding their sacred trusts in the Court of Silence. When she speaks, her words are aptly chosen and fitly spoken. She is wise and thoughtful, but loving and meek. "Still waters run deep," but not in the world-applied sense; babbling rills do not wear their channels deep, but streams of calmest flow have hidden depths undreamed of, unsuspected.--Anonymous, "Quiet Women" 461In an article entitled "Quiet Women," which appeared in The Ladies' Repository in 1868, an anonymous author argues that "quiet women are the wine of life." Capturing the deep cultural longing of the postbellum period for the icon of the American woman as angel of the hearth, this portrait deifies the quiet woman and demonizes the other possibilities: the enthusiastic woman, the talkative woman, the brilliant woman, and the babbling woman. The mild and mellow queen of the "Court of Silence" is graceful, calm, and, most important of all, silent. In this characterization, an idealized woman is defined as necessarily rhetorically meek. By worshiping "the quiet woman," influential proponents of public opinion such as The Ladies' Repository reinscribed for a postbellum readership a definition of true womanhood that equated silence with feminine virtue and enthusiastic vocality with its opposite. The argument that the rhetorical conduct of the "wise and thoughtful" woman could be contrasted instructively with the trivial and ultimately inconsequential rhetorical behavior of loud and talkative women is one that was made in so many cultural conversations of the postbellum period that it achieved the power of an ideological trope. 1 [End Page 221]Efforts to regulate women's rhetorical behavior intensified rather than abated in the decades following the Civil War as women pursued education, the right to vote, property rights, and mobility in public life. In conduct literature, a genre that proliferated during the postbellum period, the preferred construction of the "quiet" woman was a mainstay in an ideological agenda that supported the generally held nineteenth-century view that character and the nature of one's rhetoric are mutually revealing. Like other types of self-help materials marketed in the last decades of the century, such as elocution manuals and letter-writing guides, conduct manuals included among their vast tables of contents the matters of how and where one ought to speak. In their coverage of deportment in all areas of life, conduct manuals promised the aspiring middle-class American an education in the home in the culturally valuable skills of public speaking and writing. 2 The collective enterprise of the parlor rhetoric movement and conduct literature in particular was to offer happiness and success to those who would follow certain rules. Enormously popular in the postbellum period and well into the turn of the century, conduct manuals argued a conservative gender agenda that appealed to the middle-class readers of a nation who seemed eager to accept the idea that correct deportment in daily life could help to restore the social calm the postwar nation longed for. Although by the 1880s the American public had well in mind notable examples of women, such as Lucretia Mott, Sojourner Truth, Frances Willard, and Elizabeth Cady Stanton, who had assumed powerful reformist voices in the causes of abolition, temperance, and women's rights, the rhetorical space these women occupied in shaping political and cultural life was viewed as the exception rather than the rule. 3 In spite of the high profile rhetorical careers of a handful of women, or, perhaps, because of them, postbellum America wondered uneasily just how public women's lives... (shrink)

The present article seeks to provide an overview of the general characteristics of the cultural and scientific climate in the Duchy of Urbino. Three of the Duchy’s milieus seem to have been particularly important for scholars who were engaged in the study of mathematics: the so-called “School of Urbino”, the environment of the court, and the world of the technicians and engineers. While the Urbino School has already been the object of previous studies, the other two milieus and (...) their effect on the mathematicians’ work have been rather neglected and are, consequently, addressed here. The paper’s final section presents some documents that attest the importance of Renaissance scholars’ interaction with these environments to their actual scientific activity, taking the case of Guidobaldo dal Monte as an example. (shrink)

The world's first permanent international criminal tribunal for the prosecution and punishment of the world's most serious crimes was created in 2002. In Bringing Power to Justice? legal scholars, political scientists, and political philosophers respond to fundamental questions about the future of this court and international criminal justice. For instance, will the ICC be undermined by political constraints, given the opposition of major powers, including the United States? What are the implications of holding heads of state responsible (...) for international crimes? Are trials the best response to state crime or would other devices (such as truth commissions) be more suitable? Is retributive justice an appropriate response? The contributors offer indispensable and thoughtful assessment of the future of international criminal justice. (shrink)

By most measures, French labor is among the weakest in the industrialized world. Yet it has retained a high level of mobilizing and institutional power. This unusual position is partly due to the historical role of labor courts, one of France’s oldest and most influential labor institutions. Based on a range of historical and contemporary evidence, this article shows that the involvement of the state and labor in these courts over the past two centuries has played a crucial role (...) in the evolution of French industrial relations. This process unfolded along three main dimensions: the early establishment of labor courts strongly and durably influenced the mobilization patterns of the emergent labor movement, France’s labor relations model was largely inspired by the judicialism embedded in labor courts, and a combination of more contingent events led to the emergence of a problematic notion of union“representativeness.” These patterns have contributed to shape French labor into its present condition of both weakness and strength. (shrink)

In two decisions delivered inFebruary and March 2001, the German FederalConstitutional Court voided the maritalagreements struck between a man and a pregnantwoman on the grounds that they were the productof an inequality of bargaining power betweenthe parties. These findings, involving anapplication of the fundamental rightsprovisions of the German Basic Law to privateagreements, demonstrate the creeping competenceof the F.C.C. into the sphere of contractualrelations and an ongoing questioning ofthe traditional public/private law divide. Exploring some of the implications of applyingpublic values (...) and constitutional reviewstandards to private agreements, this notecontextualises the decisions within the debateupon competing (and ultimately colliding)social systems of the family and the market. (shrink)

Just how realistic about human nature and real possibilities must a theory of justice, or a moral theory, more generally, be? Lines have been drawn, with some holding that idealizing away from reality is indispensable and others maintaining that utopian thinking is not just useless but irrelevant. In Utopophobia David Estlund defends the value of utopian theory. At his most modest, Estlund claims that it is a legitimate approach, not ruled out of court by anti-idealists on entirely inadequate grounds—merely (...) “by assumption or definition” as he puts it. Yet he also argues against what we call real world theory, which takes account of human imperfection and feasible options. It invites complacency and undermines aspiration, he argues, and he accepts Rawls’ claim that it will of necessity be unsystematic, thanks to its realism. We accept that the utopian approach is neither useless nor irrelevant. Yet we press hard against the charges against real world theory, maintaining that, properly understood, it invites neither complacency nor aspiration and can perfectly well offer a systematic and principled account of normative concepts, including justice specifically. (shrink)

A leitmotif of Being and Time is the attempt to reverse the classical priority of actuality over possibility: instead of understanding the possible in terms of the actual – as “arising out of the actual and returning to it” – Heidegger insists on grasping possibility as the primordial notion. Nowhere is it more evident than in his complex treatment of death and dying. Death is exactly that possibility which offers nothing actual in terms of which to grasp it; death only (...) is in our ever being-toward it. I focus on Heidegger’s characterization of being-toward-death as rooted in, and a concretion of, Dasein’s being-toward-itself. This approach yields an interpretation of the notorious “possibility of impossibility” formulation that is diametrically opposed to the so-called “world-collapse” interpretations. I then explore why, and in what sense, Dasein’s being-toward-itself needs a concretion and draw conclusions about the organization of Being and Time as whole. (shrink)

The Oceania region is home to some of the world's most restrictive abortion laws, and there is evidence of Pacific Island women's reproductive oppression across several aspects of their reproductive lives, including in relation to contraceptive decision‐making, birthing, and fertility. In this paper we analyse documents from court cases in the Pacific Islands regarding the illegal procurement of abortion. We undertook inductive thematic analysis of documents from eighteen illegal abortion court cases from Pacific Island countries.Using the lens (...) of reproductive justice, we discuss the methods of abortion, the reported context of these abortions, and the ways in which these women and abortion were constructed in judges' summing up, judgements, or sentencing. Our analysis of these cases reveals layers of sexual and reproductive oppression experienced by these women that are related to colonialism, women's socioeconomic disadvantage, gendered violence, limited reproductive control, and the punitive consequences related to not performing gender appropriately. (shrink)