This article develops contractarian business ethics by applying social contract arguments to a specific question: What are the pre-legal (or moral) rights and responsibilities of corporations? The argument uses a hypothetical social contract to show the existence of for-profit corporations in democratic capitalist societies is consistent with Rawls’s fundamental principles of justice. Corporations ought to have recognised their rights to be autonomous, to pursue private purposes, and to engage in economic activities. Corporations have a responsibility to respect (...) the freedom and human rights of all people, and not to interfere with government programs that ensure people have the education and training they need to find and keep corporate employment and that provide a safety-net that prevents destitution. If corporations have any other rights and responsibilities, those rights and responsibilities need to be established by actual social contracts, probably in the form of legitimate democratic processes. (shrink)

In The Decent Society, Avishai Margalit’s contends that a good society is a decent society, a society whose institutions do not humiliate persons. However, Margalit affirms a stark distinction between the decent society and a just society. “[T]he concept of a decent society … is not necessarily connected with the concept of rights. Even a society without a concept of rights can develop concepts of honor and humiliation appropriate for (...) a decent society.” This paper rejects this position by showing that in order for a society to be a decent society it must incorporate fundamental rights. Sections II, III, and IV examine, criticize, and reject Margalit’s arguments to the contrary, and in so doing summon arguments that demonstrate the indispensable value of fundamental rights for any society that purports to be decent. The central contention here is that only a concept of humiliation that affirms and respects fundamental rights is sufficiently robust to recognize certain violations of these rights as constituting distinctive and devastating assaults on the self-respect of specific individuals. Thus insofar as a decent society cannot countenance such assaults, a decent society must include rights. (shrink)

continent. 1.4 (2011): 253—278. A Sense of French Politics Politics itself is not the exercise of power or struggle for power. Politics is first of all the configuration of a space as political, the framing of a specific sphere of experience, the setting of objects posed as "common" and of subjects to whom the capacity is recognized to designate these objects and discuss about them.(1) On April 14, 2011, France implemented its controversial ban of the niqab and burqa , commonly (...) referred to as the Islamic veil, in public places. On the coattails of the 2004 prohibition of religious artifacts, including the less concealing hijab or Islamic headscarves, in schools, the veil ban sparked equal outrage across both political and theological spectra, and many on both sides of the debate were quick to inquire about enforcement. As Steven Erlanger reports, “The police do not have the authority under the law to remove full veils, only to fine or require citizenship lessons for those who violate the new law.”(2) While the legal and social implications of this interdiction are ripe for study, the reprisals for breaking the law, notably compulsory citizenship classes, illuminate the strategic governmentality underlying the French government's targeting of the Muslim community, particularly those elements it considers affiliated with fundamentalist factions and/or terrorist organizations, if only through fashion—an integral component of French citizenship. Indeed, in allowing the (fashion) police to mandate instructional courses in citizenship for offenders, France implies that any Muslim choosing to wear the niqab or burqa , perhaps even for those who are already citizens, must not be aware of the subtle nuances of dress indicative of the French citizenry within public space. Furthermore, the degree of instruction requisite to citizenship, which clearly can and must be updated as the state sees fit, cements the imagined relation between citizens and states within the discourses on the veil ban. As Sharma contends, “Concepts of citizenship are the ideological glue that bonds the nation to the state. Citizenship provides the legal framework through which the state performs its role as ruler for the nation.”(3) Speaking for/as the state, French President Nicolas Sarkozy declared in a 2009 presentation before members of the government and other citizens that the burqa “is not welcome on the territory of France.”(4) Although there is nothing unique, especially recently, about a nation-state taking extreme measures to guard itself against what it deems to be threats to its sovereignty, the way in which the ongoing discourses on hijab have (d)evolved, which coincide with recent pronouncements by governmental leaders in Germany, Britain, and France that policies of multiculturalism have “failed,”(5) points toward nationalist reterritorializations, which is also to say physical and ideological re-appropriations, of public space within democratic milieux, which remain predicated upon the mediation of spaces. As Panagia deduces from Rancière, “Democracy […] is not an institutional form of government […], but an appearance whose visibilities and audibilites arise out of the dissonant blur of the everyday.”(6) Ultimately, the veil ban represents a calculated move to regulate the every day, which is to say the micropolitics of, that which is visible and invisible within French society, which makes it nothing short of a struggle to manage (the sensation of) bodies. Re-situating the political within the context of sense, Rancière argues that the fundamental essence of politics lies within the distinction between consensus and dissensus , and whereas most consider politics proper as fundamentally concerned with the fluid operations of the state— consensus , Rancière actually locates the political within events that disrupt the normative sensory order of things— dissensus . He explains, “Politics revolves around what is seen and what can be said about it, around who has the ability to see and the talent to speak, around the properties of spaces and the possibilities of time.”(7) This reformulation of politics centers on agency and, albeit perhaps unintended, representationality and offers a useful formulation for spatializing the discourses surrounding the Islamic veil, which are mired within seemingly senseless policies and practices of objectification. Instituting a normative “regime of visibility,” the French veil ban encapsulates the political economy of agency, now both mediated and representational, under the rule of nationalist governmentalities in increasingly transnational contexts.(8) Adjudicating presence within public space signals a concern with the sensory aspects of agency itself—what Rancière terms the “distribution of the sensible,” which is “a matrix that defines a set of relations between sense and sense: that is, between a form of sensory experience and an interpretation which makes sense of it.”(9) To be concerned with sense is to focus upon the body, and this somatic repositioning of the (fashionable) citizen within the territory of the state augurs the resurgence of nationalist bio-politics within Europe, since, as Hage explicates, “Nationalism, before being an explicit practice or a mode of classification, is a state of the body. It is a way of imagining one's position within the nation and what one can aspire to as a national.”(10) The French government's attempt to make (bodily) sense of public space for its citizens by and through policies aimed against a burqa-clad Muslim minority, which might only apply to “less then 400 to fewer than 2,000” women(11), reveals the necessary, yet mercurial, transmutation of public space into national space through bio-political strategies of sense-making, which, as Hage observes, denotes that “nationalists perceive themselves as spatial managers.”(12) At the center of this concern over public space is the equally contentious dimension of governing female Islamic identity, which has become one of the main critiques levied against Islam from outsiders who view the veil in its various forms as a clear sign of the religion's actual and symbolic violence against women, even if such critiques remain ensconced within nationalist discourses. As Halim and Meyers argue, “Although Western news media may focus their coverage of Muslim women on the debate over whether and the extent to which the veil may by oppressive to the women who wear it, they have exhibited little interest in the physical oppression of violence against women in Islamic countries.”(13) While it falls outside of the scope of this analysis to arbitrate all of the dimensions of this debate, understanding some of the issues related to female identity and hijab within public space are crucial to this study. As these topics are extraordinarily complex, even and perhaps especially within the Muslim community, it is necessary to provide some context concerning the value, purpose, and meaning of the Islamic veil, which has a rich and arduous history. The Art of the Veil At present, there are only two countries, Iran and Saudi Arabia, that require women to wear hijab , which is a decidedly problematic term and concept whose locus is itself caught within a struggle of sensation. Noting the strategic reterritorialization of the term, Berger explains: The choice of the name, hijab , now widely adopted to designate the “Islamic veil,” it itself interesting, although the semantic shift it operates is not directly commented upon by its users. Although the design (both the cut and the symbolic function) of the hijab and the Iranian chador are indeed the same, as opposed, for instance, to the traditional Algerian haik , the word hijab has come to replace the term chador popularized by the Iranian revolution, as a properly Arabic (hence Koranic) designation. This discursive shift points to the successful reclaiming of the national revolution in Iran by a transnational pan-Islamic movement, whose language of reference can only be Koranic Arabic.(14) While the hijab is certainly a point of contention within various countries dealing with immigrant Islamic populations (of which France has the largest in Europe as part of its colonial legacy in Algeria), it is clear that the veil is a historically contextualized artifact of Muslim identity with a variety of manifestations, even as forces outside of and within Islam seek to codify its actual and symbolic value. Ultimately, the varieties of hijab , including the full-faced burqa and niqab , are complex assemblages of meaning that speak to the multitudinous flows of Islamic identities over time and space. As Gökariksel and McLarney observe, “Wearing a certain style of veil may simultaneously be a disciplinary practice crucial to the cultivation of piety (Mahmood 2005; Gokariksel 2009) and a gendered performance of social distinction in terms of class, taste, and urbanity (White 1999; Navaro-Yashin 2002; Gokariksel and Secor 2009) or of ethnicity and race (Dwyer 1999).”(15) The ideological marketplace from which the varieties of hijab ebb and flow serves both as a reflection of the ever-present materiality and dynamic functionality of spiritual economies, which are derivative of the equally ubiquitous flows of transnational capital driving agency and representationality within our historical moment. Keeping these dual, yet deeply interconnected, capital ecologies as the site of exploration for how the veil is represented within public space, one might begin to sense what lurks behind such veiled agendas. Examining the symbolic and representational nature of the Islamic “veil” in its various forms, this project situates the decidedly political contestations of public space at stake in the French ban alongside recent condemnations of multiculturalism as calculated efforts to re-distribute the sensible so as to valorize national identity within increasingly transnational and globalized socio-economic spaces, which collapse exchange values between distinct, yet interwoven, economies of (cultural/material/spiritual) capital. As the discourses on the veil rely upon representational imag(in)ings, it seems fitting to explore the political economy and art of the veil through the phenomenon of street art, which, much like hijab , is a complex assemblage of meaning of sensation mired in representationality and capital exchange. As street artists have taken up hijab in various forms, the movement offers a lens with which to situate critical responses to the veil debate across both spiritual and material economies. Situating this street art both aesthetically and historically, Lewisohn explains, “'Street art' is a sub-genre of graffiti writing and owes much to its predecessor. Though there is a good deal of crossover between the genres, they are distinct and separate in their own right.”(16) Evolving out of the graffiti explosion of the late 1970's and 1980's, street art broke the unspoken rules of the artistic underground by challenging and re-examining one's sensory experience of art in public space by experimenting with both content and form in ways that harken back to the Situationist International, which as a collective challenged one's experience of urban space through various media and experiential phenomena. Again, Lewisohn observes, “It's important to note street art's break with the tradition of the tag, and its focus on visual symbols that embrace a much wider range of media than graffiti writers would use.”(17) From stencils to prints and murals to one-liners, street artists developed a reputation for critical social and political commentary, and while it is certainly the case that not all street art is intentionally political, in challenging the normative “regime of visibility,” as Rancière puts it, of public space, street artists—even if unconsciously—call into question the common sensory experience of the politics underlying the formation of (nationalist) space.(18) Indeed, Rancière refers to the partisan sensory managers as “police,” who ultimately forge “the rules governing the circulation of appearances, of their visibility and audibility, and the proper distribution of bodies therein.”(19) As such, one can sense that street art's relationship with the police is tenous for a variety of reasons. Writing about his own experience as a street artist, Shepard Fairey observes, “With street art, there's no committee deciding whether I can put my work up on the street, there's no censorship, and I have total freedom of expression, and that concept of freedom is expressed just by using the street as a medium.”(20) As Fairey and other street artists demonstrate, the medium, to paraphrase Marshall McLuhan, is the most glaring aspect of street art's message, and even as it now finds itself in galleries and usurped by private collectors, the ethos of the movement remains relavent to politics as it is, first and foremost, concerned with the configuration and experience of space. Just as examining the punishments for breaking the veil ban can map the terrain of French politics, a representational genealogy of street artist's deployment of hijab and female Muslim identity can assist in mining the depths of public space as a site of bio-political control and contestation in light of recent events in France and the rising tide of anti-multiculturalist rhetoric across Europe, even though the Islamic presence there is radically heterogenous. Using the work of Shepard Fairey, Princess Hijab, br1, and Banksy, this paper sets out to answer a number of key questions concerning the deployment of hijab, and female Islamic identity in particular, within street art as a movement now integral to and critical of the economies of exchange underlying global capitalism, which as a force of influence cannot be underestimated as a driver in the resurgence of nationalist biopolitical governmentalities. Although there exists a litany of artists to choose from, the aforementioned quartet of designers integrate hijab into their work in a seminal and critical fashion, and all have been working with the veil in some way prior to the French ban, which grants some additional context to their usage of it as a symbol in regards to the breakdown of multiculturalism across Europe, even if unconsciously. Although each artist depicts various amalgamations of hijab in their respective corpus, they share common tropes that raise significant questions concerning the veil debate, namely: what are the conditions of possibility for hijab to become a marker of Islamic identity within public space? How can we make sense of the representational topologies within street art's utilization of the hijab and female Islamic identity in light of the French ban? How might these aesthetic imag(in)ings simultaneously inhabit and combat normative discourses concerning hijab , multiculturalism, female Islamic identity, and public space? With these considerations as a backdrop, it is first necessary to outline more fully the hijab as a representative marker of female Islamic identity. The (Veiled) Writing on the Wall

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‘Rights and Territories: A Reply to Nine, Miller, and Stilz’ defends the Lockean theory of states’ territorial rights (as this theory was presented in Boundaries of Authority) against the critiques of Nine, Miller, and Stilz. In response to Nine’s concern that such a Lockean theory cannot justify the right of legitimate states to exclude aliens, it is argued that a consent-based theory like the Lockean one is flexible enough to justify a wide range of possible incidents of territorial (...) rights – importantly including, though not necessarily including, the sort of right to exclude aliens that is familiar from actual political practice. Miller’s criticisms are more wide-ranging. In response, the article argues that Lockean labor-based property rights are both stronger and more enduring than Miller suggests and that nationalism’s resources for dealing with concerns about rights-supersession and trapped minorities are importantly overstated by Miller. Against Stilz’s Kantian, ‘presentist’ account of states’ authority over persons and territories, it is argued that the rectification of past (historical) wrongs remains morally crucial even in the context of otherwise-just societies and that Stilz’s Kantian/rawlsian position unconvincingly privileges the rights to autonomy of territorially concentrated groups over those of dissenting individuals or wrongfully dispersed groups. (shrink)

My aim of this paper is to clarify, and in a certain very limited way to defend, historical theories of property rights (and their associated theories of social or distributive justice). It is important, I think, to better understand historical rights for several reasons: first, because of the extent to which historical theories capture commonsense, unphilosophical views about property and justice; then, because historical theories have fallen out of philosophical fashion, and are consequently not much scrutinized anymore; and (...) finally, because of (what I see as) the continuing need to better understand the historical components of our society's responsibilities to the descendants of victims of systematic injustice in our own past. The case I will have in mind throughout is that of the property claims of Native American tribes, claims based on their historical standing as the original owners of certain lands and resources. And while I will concentrate here only on the question of rectifying past violations of property rights, this will constitute at least a start to answering more general questions about just rectification, which includes the more serious and less compensable wrongs of violence against persons. (shrink)

This year is the centenary of the birth of philosopher John Rawls and the semi-centenary of his monumental A Theory of Justice. This essay explores the differences between political opposition and political resistance as reflected in his work. Rawls is remembered for the careful conditions he imposed in the Vietnam-War era upon justifiable civil disobedience in “nearly just” societies. It is less well known that he came to regard the United States as a fundamentally unjust society. The nation (...) has shown itself not merely unserious about political equality—the cornerstone of Rawls’s theory of justice as fairness—but hostile to it. The Supreme Court’s campaign finance jurisprudence sanctifies spending as speech and denies Congress the power to try to level the electoral playing field. In the Supreme Court’s Constitution, substantive political equality is of no value. The upshot is that civil disobedience, conceived as an appeal to a just constitution, is no longer possible in the United States. Political resistance may be permissible, however, within the bounds of right, “in such ways as promise some success.” This essay ekes out Rawls’s suggestive remarks about the justification of political resistance and attempts to extend them to current conditions. (shrink)

This interdisciplinary and ecumenical collection of essays honors the transformative work of Margaret A. Farley, Gilbert L. Stark Professor of Christian Ethics at Yale Divinity School, using it as a starting point for reflection on the contribution of feminist method to theology and ethics. Through a variety of perspectives, contributors show that by resisting classical oppositions between “interpersonal” and “social” ethics and by insisting that social, economic, and political realities be taken seriously in considerations of justice, feminist concerns challenge the (...) very categories of Christian ethics. With essays ranging from sexual ethics to human rights, medical ethics to freedom, _A Just and True Love_ offers a broad perspective on the last twenty-five years of feminist innovation in Christian ethics and a glimpse of its global future, particularly in continents such as Africa. “This book brings together a number of the most prominent thinkers in Christian theology and ethics today in a justly deserved tribute to the work and influence of Margaret Farley. The essays explicitly acknowledge and engage Farley in various degrees; one comes away appreciating both the integrity of her work and its versatility.” —_Darlene Fozard Weaver, Villanova University _ “Inevitably while listening to or reading Margaret Farley, we find her refrain, ‘I want to ask all over again.’ Reexamining, reframing, and rethinking is Farley’s method of engaging anew human experience and relationality. The authors of these essays capture that method as they reconsider feminism and sexuality, love and freedom, justice and truth, contraception and women’s rights. Like her own work, they reset the ethical agenda to recapture a more loving truth. A very successful collection for a most admired colleague. Ryan and Linnane are to be congratulated!” —_James F. Keenan, S.J., Boston College_ “In_ A Just and True Love,_ a host of distinguished scholars consider fundamental themes of feminist theological ethics and their significance for global justice, the meaning of Christian love, creative casuistry, and truthful life in the Church. I can imagine no higher praise than to affirm that these authors have succeeded marvelously in doing exactly what they set out to do: to produce a volume worthy of the theological work and wisdom of Margaret Farley.” —_William Werpehowski, Villanova University_. (shrink)

A Just Society represents a complete account of Boylan's original worldview theory of ethics and social philosophy. In the book Boylan sets out the foundation and application of the personal worldview imperative and the shared community worldview imperative . These form the structure for a rights-based deontological theory. Throughout, the book employs narrative devices and contemporary examples that make a contribution to ethical and political theory as well as grounding an original approach to public philosophy.

In Part I this essay explores and then criticizes the two major arguments behind the conventional wisdom that rights undermine efforts to secure a state role in ensuring the material preconditions for a good society, and therefore, the material preconditions for the development of those human capabilities essential to a fully human life. I conclude in this part that this understanding of rights is mistaken. In Part II, I urge that the pragmatic argument put forward by (...) class='Hi'>rights critics and some welfare advocates for forgoing rights-talk and rights-rhetoric also fails: there are very real costs, both in theory and in law, in deciding to forgo putting the case for the state's obligation to provide minimal material goods in terms of rights. In Part III, I briefly describe two core rights that a refashioned liberal state, understood as a vehicle for protecting not just the liberty but also the capabilities of citizens, should recognize: first, a right to be protected against private violence, and second, a right of caregivers to give care to dependents without incurring the risk of severe impoverishment or subordination - a right, to use the provocative phrase coined by the philosopher Eva Kittay, to doulia. Both rights, I think, are directly entailed by the state's obligation to provide the minimal preconditions for the development of those fundamental human capabilities that are themselves essential to a fully human life. Both rights however, could be and should be conceived in the most traditionally liberal terms. The first such right - the right to protection against private violence - although now disfavored in United States rights discourse, seems fully authorized by both the liberal tradition and the American Constitution itself. The second right for which I will argue - the right to provide care to dependents has no similar basis of support in either liberal theory or American constitutionalism. It is not incompatible with either, however, and is at least arguably required by the deepest commitments of both. The right to protection and the right to care are rights that can be framed in liberal terms, and both rights would go a long way toward securing for individual citizens the minimal preconditions of a good society. (shrink)

The Israeli approach to advertising consists of two complementary sets of norms, legal norms and moral‐ethical norms. Advertising legislation demands honest disclosure. The Israeli legislator refrains from intervening in fundamental rights such as freedom of expression, free trade, occupation, and liberty of contract in advertising. However, there are also few interventions to prevent phenomena that are dangerous or abusive, especially to groups needing protection. The Israeli courts do try to apply moral considerations in cases tried by them, but (...) living up to moral responsibilities is different from complying with legal obligations. Advertisers in Israel have a(i) Treatise(r), consisting of ten ethical guidelines, which neither sums up advertising ethics in its entirety nor is legally binding. Sociological and psychological features of the culture need to be examined in order to spell out what truth and honesty in advertising actually mean in this society, and the manner in which these values are practised. Lacking sanctions in public law against misleading consumers or manipulation based on false facts, consumers must find remedy in civil actions which rely on moral and ethical rules. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Unmodern Philosophy and Modern Philosophy by John DeweyCharles A. HobbsJohn Dewey. Unmodern Philosophy and Modern Philosophy. Carbondale and Edwardsville: Southern Illinois University Press, 2012, 351 pp., index.John Dewey’s latest publication marks a watershed moment for scholarship in American philosophy, and, in addition to Dewey himself, we have editor Phillip Deen to thank for discovering it (among the Dewey papers in Special Collections at Morris Library of Southern Illinois (...) University) and editing it. We see Dewey late in life (early 1940s) engaged mainly in a critique of the modern, ancient, and (fragmentarily) medieval philosophical periods, which Dewey argues, are eras not nearly as distinct as traditional understanding admits. In the Introduction, Deen helpfully explains how we are now bequeathed incomplete but in most [End Page 122] cases quite robust chapter drafts that amount to another substantial work by Dewey. While published by Southern Illinois University Press, this volume is not itself part of The Collected Works of John Dewey. Still, the careful editing (of what are actually a number of manuscripts) is comparable in its excellence. There is also a well-done Index.The scope is twofold: retrospective and prospective. Chapters one through seven trace the development of so-called modern philosophy along with its central epistemological problem, with the aim being to demonstrate how thoroughly “unmodern” such philosophy has been. Then, chapters eight through fourteen constitute a genuinely modern approach that naturalistically and functionally undercuts the epistemic problem of subject/object and points to a revolution in the process of knowing.We turn to the retrospective, beginning in the first chapter with the acknowledgement that Dewey comes to philosophy itself as a kind of anthropologist, something we note as consistent with the influence of Franz Boas on Dewey (with whom Dewey was a colleague and intellectual ally at Columbia for about thirty-five years). This is further underscored by a lengthy quotation of anthropologist Bronislaw Malinowski on the meaning of culture (p. 290). The ongoing history of philosophy is itself a cultural activity. Indeed, citing James, Dewey declares that “The sickliest way in which a student of philosophy can approach his subject-matter is that of a search for ultimate impersonal revelation of truth.” (p. 16) Rather, let the philosopher have the pragmatic attitude of openness “... to truth from whatever source it comes” (ibid).With that, Dewey once again turns to the Greeks, who initiated “The Discovery of Rational Discourse” (Ch. III) as underscored by the Socratic means of cooperative discourse, with the dialogues—not lectures—being evidence of the Athenian philosophical revolution in turning “from discussing nature and giving an account of it to the examination of the nature and procedure of discussion and report” (p. 38). Yet this project, despite its initial promise, failed for lack of a genuine logic of experimentation or inquiry. Then philosophy focused on going beyond the natural, beginning with the medieval “Search for Salvation” (Ch. IV, a significantly less developed and unified chapter draft). “Modern” philosophers then rightly replaced grand cosmic schemes with a focus on human nature (Ch. V), but they went too far with their introspective methods, gradually resulting in the same consequence supernaturalism had produced: a dualism of mind and nature, as if human nature is somehow not a part of nature. As we recall from Human Nature and Conduct (1922), human nature is not independent of but rather interdependent (or, using Dewey’s later term, transactional) with the rest of nature. The key is to avoid hypostatizing mind and better to talk of culture as nature. [End Page 123]With the Renaissance onward, humans have been “Wandering between Two Worlds” (Ch. VI), and endless arguments between “rationalists” and “empiricists” overlook what these camps share, namely a psychology assuming a fundamental split between subjective/objective and assumptions about certainty as founded upon various first principles or substances. The result is the stagnation of philosophy while science flourishes. Dewey cites Bertrand Russell as an example of continued insistence on such a priori principles (p. 106).We find ourselves in an epoch split between scientism and moral and religious fundamentalism, the result of a lingering tenacious investment in bad elements from ancient and medieval... (shrink)

In this article, the authors share their research on a curriculum for social justice, truth, and then reconciliation as put forth by the First Nations Child and Family Caring Society (Caring Society). The Caring Society is a non-profit organization that advocates for equity and social justice for First Nations children and creates social justice educational materials for Canadian learners. The authors provide an overview of the Caring Society campaigns and educational research. More specifically, they discuss how (...) the Caring Society is creating educational resources that center a child and youth-driven civil rights movement across the school curriculum. Such curricular and pedagogical approaches focus on truth and then reconciliation, Indigenous sovereignty, and position a social justice pedagogy. They then discuss some of the ways we might advocate relational forms of citizenship that seek to honour the truth, and then reconciliation education. (shrink)

Identity Economics provides an important and compelling new way to understand human behavior, revealing how our identities--and not just economic incentives--influence our decisions. In 1995, economist Rachel Kranton wrote future Nobel Prize-winner George Akerlof a letter insisting that his most recent paper was wrong. Identity, she argued, was the missing element that would help to explain why people--facing the same economic circumstances--would make different choices. This was the beginning of a fourteen-year collaboration--and of Identity Economics. The authors explain how (...) our conception of who we are and who we want to be may shape our economic lives more than any other factor, affecting how hard we work, and how we learn, spend, and save. Identity economics is a new way to understand people's decisions--at work, at school, and at home. With it, we can better appreciate why incentives like stock options work or don't; why some schools succeed and others don't; why some cities and towns don't invest in their futures--and much, much more. Identity Economics bridges a critical gap in the social sciences. It brings identity and norms to economics. People's notions of what is proper, and what is forbidden, and for whom, are fundamental to how hard they work, and how they learn, spend, and save. Thus people's identity--their conception of who they are, and of who they choose to be--may be the most important factor affecting their economic lives. And the limits placed by society on people's identity can also be crucial determinants of their economic well-being. (shrink)

Identity Economics provides an important and compelling new way to understand human behavior, revealing how our identities--and not just economic incentives--influence our decisions. In 1995, economist Rachel Kranton wrote future Nobel Prize-winner George Akerlof a letter insisting that his most recent paper was wrong. Identity, she argued, was the missing element that would help to explain why people--facing the same economic circumstances--would make different choices. This was the beginning of a fourteen-year collaboration--and of Identity Economics. The authors explain how (...) our conception of who we are and who we want to be may shape our economic lives more than any other factor, affecting how hard we work, and how we learn, spend, and save. Identity economics is a new way to understand people's decisions--at work, at school, and at home. With it, we can better appreciate why incentives like stock options work or don't; why some schools succeed and others don't; why some cities and towns don't invest in their futures--and much, much more. Identity Economics bridges a critical gap in the social sciences. It brings identity and norms to economics. People's notions of what is proper, and what is forbidden, and for whom, are fundamental to how hard they work, and how they learn, spend, and save. Thus people's identity--their conception of who they are, and of who they choose to be--may be the most important factor affecting their economic lives. And the limits placed by society on people's identity can also be crucial determinants of their economic well-being. (shrink)

With over 10 000 bases of DNA being sequenced around the world per minute, it is vital that ethical discussion continues to keep pace with genetic research. This contribution by four top theorists in bioethics carefully considers the implications of the many ways genetic information will influence human health and reproduction, by considering “the most basic moral principles that would guide public policy and individual choice concerning the use of genetic interventions in a just and humane society” (4–5). (...) Proceeding with the themes of rights, justice, and harm, problems addressed by the authors include: the significance of the moral difference between treating genetic disease and altering personality characteristics; whether the utilisation of prenatal interventions to avoid disability discriminates against the disabled, and who should have control …. (shrink)

Since its origin bioethics has been a specialized, academic discipline, focussing on moral issues, using a vast set of globalized principles and rational techniques to evaluate and guide healthcare practices. With the emergence of a plural society, the loss of faith in experts and authorities and the decline of overarching grand narratives and shared moralities, a new approach to bioethics is needed. This approach implies a shift from an external critique of practices towards embedded ethics and interactive practice improvement, (...) and from a legal defence of rights towards fostering interdependent practices of responsibility. This article describes these transitions within bioethics in relation to the broader societal and cultural dynamics within Western societies, and traces the implications for the methodologies and changing roles of the bioethicist. The bioethicist we foresee is not just a clever expert but also a relationally sensitive person who engages stakeholders in reciprocal dialogues about their practice of responsibility and helps to integrate various sorts of knowledge (embodied, experiential, visual, and cognitive-scientific). In order to illustrate this new approach, we present a case study. It concerns a project focusing on an innovation in elderly care, based on the participation of various stakeholders, especially older people themselves. (shrink)

William Perm summarized theMagna Cartathus: “First, It assertsEnglishmento be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because it is necessary (...) to maintain or protect other, more basic, liberty rights. Important to our constitutional tradition has been the idea that “[t]he right to property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.” Along similar lines, it has been argued that only an economic system based on private property disperses power and resources, ensuring that private people in civil society have the resources to oppose the state and give effect to basic liberties. Alternatively, it is sometimes claimed that only those with property develop the independent characters that are necessary to preserve a regime of liberty. But not only have liberals insisted that, property is a means of preserving liberty, they have often conceived of it as an embodiment of liberty, or as a type of liberty, or indeed as identical to liberty. This latter view is popular among contemporary libertarians or classical liberals. Jan Narveson, for instance, bluntly asserts that “Liberty is Property,” while John Gray insists that “[t]he connection between property and the basic liberties is constitutive and not just instrumental.”. (shrink)

What is it that makes the involuntarily unemployed, those suffering from genetic disorders and congenital illnesses, and the victims of unforeseen natural disasters the rightful recipients of assistance?

This paper identifies and addresses some dilemmas to be faced in promoting educational projects concerned with human rights. Part of the difficulty that human rights education initiatives must cope with is the way in which value has been historically conferred upon particular notions such as freedom and justice. I argue here that a just education must grapple head‐on with the conceptual dilemmas that have been inherited and refuse to shy away from the implications of those dilemmas. To (...) do this I address the fundamental fictions upon which rights are based and view those fictions as nonetheless useful for opening up the ethical terms of human rights education. With reference to the work of Arendt, Lyotard and Levinas, I conclude that the real potential of human rights education lies in its capacity to provoke insights that help youth live with ambiguity and dilemma, where freedom, justice, and responsibility cannot be dictated to them, but rather involve tough decisions that must be made in everyday life. (shrink)

Does the pursuit of ideals of global justice mean we must relinquish exclusive territorial rights and, in particular, exclusive resource rights? Cosmopolitans have assumed that it does. In this rich and thoughtful book, Cara Nine runs against the tide of much thinking on global justice and pursues the provocative suggestion that if we take territorial rights to be fundamental elements in a theory of global justice, then there will be circumstances where resource inequality can be justified. (...) Nine does not so much deny the claims of global justice, as assert the centrality of territory in any theory of a globally just world. (shrink)

In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, peopleâes material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawlsâes theory of justice, Cohen demonstrates that questions of distributive justice arise not only (...) for the state but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawlsâes constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality. (shrink)

This article explores and examines the fundamental need for nurses to include the promotion of the spiritual dimension of the health of human beings as well as the physical, mental and social facets if they truly wish to engage in holistic care. The author attempts to define the phenomenon of spirituality, aware of the dilemma that many individuals face when thinking and reflecting on this very personal and intangible issue. To be spiritual is to become fully human, the article (...) argues, and the reverse is also true. Spirituality in health is inextricable in each person’s search for the discovery of the truth about self and the meaning and purpose of life. Healthy communities are the product of healthy individuals who sow spiritual seeds such as unconditional positive regard, acceptance, respect and dignity for the benefit and advancement of individuals and humankind as a whole. The global nature of the phenomenon of spirituality is also shown by using examples of people who demonstrate compassion and communion with other human beings, in other countries in times of suffering, war and disaster. Compassion and empathy is expressed and experienced for victims of earthquakes that happen miles from home and far removed from personal or religious beliefs. Yet at such times we are all connected in the tapestry of life by our own human spirituality and earthiness.themes like compassion and justice are treated in the text within the context of spirituality. The author argues that being just and fair means that all patients have the right to achieve spiritual healing regardless of their belief systems, culture or creed. The works of some spiritual philosophers are used to reflect on this integral aspect of human caregiving. Historical symbols of spirituality are examined. The need for nurses to explore and reflect on the paradoxical concepts involved in their own spirituality is highlighted. Nurses are the essential providers of care and, therefore, the paper argues, guardians of that essential humanity that ensures that patients never become less than full human beings, whatever their condition, faith, culture or belief, or whoever they may be. The author contends that this responsibility is uniquely essential to being a nurse. (shrink)

This article explores and examines the fundamental need for nurses to include the promotion of the spiritual dimension of the health of human beings as well as the physical, mental and social facets if they truly wish to engage in holistic care. The author attempts to define the phenomenon of spirituality, aware of the dilemma that many individuals face when thinking and reflecting on this very personal and intangible issue. To be spiritual is to become fully human, the article (...) argues, and the reverse is also true. Spirituality in health is inextricable in each person’s search for the discovery of the truth about self and the meaning and purpose of life. Healthy communities are the product of healthy individuals who sow spiritual seeds such as unconditional positive regard, acceptance, respect and dignity for the benefit and advancement of individuals and humankind as a whole. The global nature of the phenomenon of spirituality is also shown by using examples of people who demonstrate compassion and communion with other human beings, in other countries in times of suffering, war and disaster. Compassion and empathy is expressed and experienced for victims of earthquakes that happen miles from home and far removed from personal or religious beliefs. Yet at such times we are all connected in the tapestry of life by our own human spirituality and earthiness.themes like compassion and justice are treated in the text within the context of spirituality. The author argues that being just and fair means that all patients have the right to achieve spiritual healing regardless of their belief systems, culture or creed. The works of some spiritual philosophers are used to reflect on this integral aspect of human caregiving. Historical symbols of spirituality are examined. The need for nurses to explore and reflect on the paradoxical concepts involved in their own spirituality is highlighted. Nurses are the essential providers of care and, therefore, the paper argues, guardians of that essential humanity that ensures that patients never become less than full human beings, whatever their condition, faith, culture or belief, or whoever they may be. The author contends that this responsibility is uniquely essential to being a nurse. (shrink)

What is it that makes the involuntarily unemployed, those suffering from genetic disorders and congenital illnesses, and the victims of unforeseen natural disasters the rightful recipients of assistance?

This paper identifies and addresses some dilemmas to be faced in promoting educational projects concerned with human rights. Part of the difficulty that human rights education initiatives must cope with is the way in which value has been historically conferred upon particular notions such as freedom and justice. I argue here that a just education must grapple head‐on with the conceptual dilemmas that have been inherited and refuse to shy away from the implications of those dilemmas. To (...) do this I address the fundamental fictions upon which rights are based and view those fictions as nonetheless useful for opening up the ethical terms of human rights education. With reference to the work of Arendt, Lyotard and Levinas, I conclude that the real potential of human rights education lies in its capacity to provoke insights that help youth live with ambiguity and dilemma, where freedom, justice, and responsibility cannot be dictated to them, but rather involve tough decisions that must be made in everyday life. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Recovering Aquinas's Common-Good-Oriented Right of RebellionNathaniel A. MoatsIntroductionAs recent events have woefully displayed, armed rebellion is not a topic of merely theoretical interest.1 While theory seemingly has very little impact on the citizens participating in armed rebellions, theory still remains of paramount importance, providing crucial criteria to evaluate, restrain, apply, and respond to such force. Criteria such as legitimate authority, just cause, right intention, necessity, proportionality, and likelihood (...) of success have been offered by thinkers advocating "just war" theory from across diverse political, philosophical, and religious backgrounds, garnering widespread agreement over the centuries. Contemporary scholars who identify as "historically oriented" just war thinkers have continued to defend that historical tradition as a sufficient and substantial guide for contemporary practice.2 Yet some have questioned whether the it can provide useful aid for dealing with contexts of political tyranny. In a 2013 article, Valeria Morkevičius describes [End Page 175] Western culture as divided over the moral permissibility of armed rebellion, with advocates basing their views on the Enlightenment ideas found in John Locke and Jean-Jacques Rousseau, whereas traditional just war theorists have generally denied a right to armed rebellion.3 In Morkevičius's perspective, she argues that there can be justified use of armed force against tyranny and calls upon other scholars to help create a "just rebellion theory" that would "radically reimagine" traditional just war thinking.4 She claims that there is a "lack of a systematic and rigorous ethical framework for evaluating the justness of rebellions"5 and that "a new theory of just rebellion—a systematic way of evaluating the justness of real world rebellions, of determining appropriate state responses to domestic rebellions, and of weighing the pros and cons of intervention" is needed.6In line with Morkevičius' sentiments, the last ten years has seen the increasing rise of self-proclaimed just war revisionists.7 Jeff McMahan, the figurehead for this movement, claims that the classical just war criteria "can no longer stand."8 McMahan argues that traditional just war theory has [End Page 176] depicted war as a morally sui generis category of violence in which unique moral principles apply.9 The moral asymmetry of war is also reinforced by a "statist" and "collectivist" orientation that overrides the importance of individuals and their rights of life, liberty, property, and other fundamental goods. Instead of seeing war as a distinct category of violence, McMahan argues that war and self-defense are morally symmetrical. Further, he argues that combatants should be depicted as individuals distinct from their political or collective identity.10 In other words, McMahan offers a theory of war oriented around individuals and their rights based in the concept of justified self-defense.11 Extending McMahan's theory, Cécile Fabre has particularly targeted the criterion of legitimate authority as morally problematic.12 Rejecting the exclusive authorization of armed force by political authorities, she argues in favor of an individual's right to war, and by extension the right to rebellion.13 Therefore, given the historical just war tradition's emphasis on the criterion of legitimate authority (i.e., the restriction of armed force [End Page 177] to established authorities) and resistance to support armed rebellions due to the lack of recognized political leaders, revisionists conclude that traditional just war thinking is inadequate for providing contemporary guidance in the context of rebellion.14To challenge revisionist claims, I analyze Thomas Aquinas's ingenuity and relevance for future "just rebellion" thinking. First, I argue that classical just war thinking is not as antithetical to armed rebellion as suggested.15 One just rebellion theory has coexisted alongside the classical formation of just war theory, albeit often neglected or ignored by contemporary thinkers.16 It is well known that Aquinas formalized the Augustinian classical just war theory revolving around the criteria of legitimate authority, just cause, and right intention. Much less known, however, is the fact that Aquinas also crafted criteria for justified armed rebellions. While Aquinas's just war thinking rearticulates Augustine's perspective, Aquinas appropriated his mentor's views to allow for justified armed rebellions. Aquinas's originality was displayed not only in allowing justified armed... (shrink)

This paper offers a critical analysis of two central issues in Luigi Ferrajoli’s Principia iuris , and more generally of his theory of rights. One is the way in which ‘expectations’ play a crucial role in his deontic theory by establishing the logical basis for his guarantee-based conception of law and rights. The axiomatic way in which Ferrajoli arrives at his conception of fundamental rights is questioned, for it fails to give a full account of the (...) nature of subjective rights. The other issues discussed here is Ferrajoli’s own defence of the universality of fundamental rights, and how this is made to depend on a ‘normative technique’ that one can associate with legal discourse and modern law in Western societies. This, however, poses the problem of how this formal universalism can be reconciled with the intercultural dialogue that Ferrajoli also advocates. (shrink)

In Simple Rules for a Complex World, I outlined a set of legal rules that facilitate just and efficient social interactions among individuals. Frederick Schauer's critique of my book ignores the specific implications of my system in favor of a general critique of simplicity that overlooks the dangers to liberty when complex rules confer vast discretion on public figures. He also does not refer to the nonlibertarian features of my system that allow for overcoming holdout positions. These “take and (...) pay” rules explain how a system broadly protective of private property responds to well‐known two‐person (Able‐Infirm) hypothetical of the sort advanced by G. A. Cohen, which are designed to show how claims of self‐ownership lend strong support to egalitarian outcomes. (shrink)

A method of reflective equilibrium is adumbrated and then used to test the adequacy of moral conceptions appealing to fundamental human rights against Nietzschean conceptions of morality which would reject such an appeal. There is an attempt here both to articulate and critically probe a distinctive moral methodology (the method of reflective equilibrium) and to examine skeptical challenges to a foundationalism which would ground morality in fundamental rights claims. I attempt a partial testing of such a (...) moral methodology by examining its ability to meet such skeptical challenges to the rational grounding of human rights, and I assess (and this is plainly a reciprocal process) the depth of such skeptical challenges by the ability of such challenges to survive such an application of a method of reflective equilibrium. If that method is applied with discrimination and understanding, is it sufficient to defuse skeptical challenges to the pervasive belief that either rationality or the very taking of the moral point of view requires the acceptance of the belief that the design of morally acceptable social institutions and practices must be such that they aim at achieving a state of affairs in which all human beings are to be afforded equal consideration? Can a method of reflective equilibrium establish that a good society must embody such a commitment to an equality of human rights? (shrink)

In this book, I will discuss three main topics: the roots and aims of scientific knowledge, scientific knowledge in society, and science and values I understand scientific knowledge as being a planned and continuous production of the general and common knowledge of scientific communities. I begin my discussion with a brief analysis of the main differences between sciences, on the one hand, and everyday experience, philosophies, religions, and ideologies, on the other. I define the concept of science as a (...) set of family resemblances (in Wittgenstein's sense). The sciences can be distinguished along three lines, in terms of the difference between empirical and non-empirical sciences, differences in degrees of theoretical and methodological structure among individual sciences and scientific disciplines. Scientific knowledge is based upon some grounds, paradigmatic knowledge bases. Scientific knowledge is founded on a unified paradigmatic knowledge base. The latter includes fundamental theories, basic facts, generally accepted empirical regularities (laws), scientific research methods, scientific explanations, and established relations to other sciences. Scientific knowledge in general is defined well in classical terms by the definition that knowledge is a true and rationally-justified belief. In this connection, scientific truth is relative, depending on the given paradigmatic knowledge base and on the precision and accessibility of the measurements and observations involved. In the book's first part, I consider the production and testing of scientific hypotheses, scientific explanations, the structure of scientific theories, and the problem of scientific realism. I consider explanation an integral part of a wider nexus of heuristic and theoretical activities in science like giving reasons, understanding, clarification, and founding. Continuous production of scientific explanations is a necessary condition for the systematic reproduction of scientific knowledge. Accordingly, it does not suffice to describe them in terms of the logical structure of the arguments on which they are based, but rather, scientific explanations ought to be given complete with an epistemic and pragmatic context of the explanation. I consider especially deductive-nomological, inductive-statistical, dispositional, teleological-functional, and genetic explanations. I emphasize the ever-increasing importance of explanations by analogy and by model. Orthogonal to these distinctions lies the distinction between causal and epistemic explanation. Epistemic explanations relate scientific discoveries to epistemic progress, and causal explanations are these epistemic explanations that relate scientific discoveries to reality too. Causal explanations inform us that certain changes occur in the world as agents of other changes, or rather, that certain changes are real consequences of other changes. Thus, by having explanations of causes, we can intervene in the world to induce by design certain changes in some course of phenomena. I consider scientific theories as logically and epistemically ordered wholeness of scientific knowledge in a realm of research that enables us to construct useful models of reality. After the discussion of different 'statement' views on theories and different interpretations of the theory-experience relation, I introduce the 'model' theoretical (non-statement) views on theories, especially the structural theory of science. The model views on theories transcend the realism-antirealism dualism by introducing models between theory and reality. Therefore, the question of scientific realism is not merely whether and, if so, which element(s), of scientific theories represent reality, but rather which conditions suffice to infer from a theory that one of its models truly expresses reality. In other words, under which conditions do models of a theory represent models of reality? Generally, models are just as much images of reality in a theory as they are images of a theory in reality. The actual problem of scientific realism doesn't originate in the observable-unobservable distinction (even if this distinction is otherwise theoretically loaded), but rather in ontological quandaries, of the sort especially encountered in modern physical theories such as quantum mechanics, relativity theory, and cosmological theories, although they are known to arise in other sciences as well. Scientific theories may be real, even if they describe nothing about the world. However, such theories can be given this status only if their formal, mathematical postulates exhibit some formal homology between reality and mathematical forms. The very fact that it is possible to describe reality with the help of mathematics even in cases, where every (representational, conceptual) language and thought fall short, would indicate that even mathematics itself is, in some sense, a part of reality, although 'outside' of the empirical world. It follows we have to distinguish the non-empirical reality and the empirical world. Formal objectivity and non-arbitrariness of theories do not emerge from either our language or thoughts, or from the world of facts, causes, and effects, but rather from non-empirical reality, which frames the world as some kind of objective transcendental condition for the possibility of the existence of the world, thoughts, and language. In the second part of the book, I consider the incorporation of scientific work and scientific knowledge into modern society and its relations to values and ethics. Production of scientific knowledge goes on as a parallel distributed process of a special kind of social (shared) cognition. The central part of this cognition is the presentation of parts of the world by scientific (theoretical) models which are warranted by the shared and public practice of justification, and in reflective acting in the world as it would. I consider various formal concepts of collective propositional knowledge (distributed, mutual, common knowledge). Scientific knowledge is an achievement to be ascribed to a scientific community or, indirectly, to all those who apply or expand it, rather than to individuals per se. It presents the continuous and partially planned production of non-trivial common knowledge of the research communities in modern societies. However, besides common knowledge, shared dispositional knowledge (knowledge how of scientific teams) and shared knowledge by acquiring (knowledge of fundamental similarities and differences in scientific teams) are parts of the real body of scientific knowledge. Scientific common knowledge implies the projection into idealized universal knowledge of all real or potentially rational and well-informed individuals. The respect of scientific knowledge thus presents the norm of rationality. Science as the intensively shared and socially distributed kind of cognition enters into modern society as a special kind of work (general work), as a productive force (social invention drive), and as a form of capital (human, social, cultural, informational, etc.). However any of these categories can adequately represent the socio-economical role of science in modern societies, and we are still waiting for a more adequate general concept that would theoretically cover the 'scientification' of modern societies. My thesis is that the most important general effect of scientification is (and will be) the growth of social processes that structurally resemble parallel distributed shared social cognition of science, and not so much the rise of the use of scientific knowledge and scientifically based information in all kinds of production. Scientification of modern societies inevitably includes a much stronger need for moral and social responsibility of scientists for their work and its effects in their local society and the global world. This need comes in contradiction with the quite large accepted idea (and even the 'norm') on value-free research. I discuss to some degree different arguments for the absence of non-epistemic values and ethical reasoning from science and find them non-convincing. The sound idea of value-free research lies in the need for the absence of categorical value statements from scientific explanations and theoretical deductions. Values and ethical judgment have, and sometimes they even have to play an important role in another part of research and its application in science or outside it. Not the value-loudness of research is a danger for science but its blind, non-reflective use. It leads to the ideologization and politicization of science. A similar danger lies in the purely value-neutrality of research. It leads to the instrumentalization of science to the technical or bureaucratic means for 'any' aims. (shrink)

At a time when fossil fuel burning, nationalism, ethnic and religious intolerance, and other retrograde steps are being promoted, the prospects for world peace and environmental systems stability may appear dim. Exactly because of this is it the more important to continue to examine the sources of conflict. A major obstacle to general progress is the currently dominant economic practice and theory, which is here called the economy-as-usual, or economics-as-usual, as appropriate. A special obstacle to constructive change is the language (...) in which economic matters are usually discussed. This language is narrow, conservative, technical and often obscure. The rapid changes in the environment are largely kept in a separate compartment. If, however, the partition is removed, economics-as-usual, with its dependence on growth and its widening inequality, is seen to be unsustainable. Radical economic change, for better or worse, is to be expected. Such change is here called economy change. The change could be for the better if it involved an expansion of the concept of economics itself, along the lines of oikonomia, a modern revival of a classical Greek term for management or household. In such an expanded view, not everything of economic value can be measured. It is argued that economics-as-usual is the source of much strife. Some features are indicated of a less conflictual economy—more just, cooperative and peaceful. These features include a dignified life available to all people as of right, the word ‘wealth’ being reconnected with weal, well and well-being, and ‘work’ being understood as including all useful activity. (shrink)

Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. A state-of-nature (...) theory has three components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State-of-nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re-conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience. (shrink)

Abstract Democracy is a fundamental right linked to the realization of a person’s worthy life project regarding its corresponding fulfillment of Human Rights. Along with the procedures to form political majorities, it is mandatory to incorporate the substantial part as a means and end for the normative content of Human Dignity to be carried out allowing it to: i) freely choose a project of valued life with purpose and autonomy ii) to have material and intangible means to function (...) in society; and iii) to live free from harm and fear in order to achieve human flourishing. The integral democracy is a means and an end to materialize individual happiness and the common good as long as everyone has concrete opportunities to unfold its inherent human dignity capacities within the trademark of the democratic constitutional State. Assuming this, integral democracy is the fundamental right of Fundamental Rights. (shrink)

Technological change is often seen as something that follows its own logic -- something we may welcome, or about which we may protest, but which we are unable to alter fundamentally. This reader challenges that assumption and its distinguished contributors demonstrate that technology is affected at a fundamental level by the social context in which it develops. General arguments are introduced about the relation of technology to society and different types of technology are examined: the technology of production: (...) domestic and reproductive technology; and military technology. The book draws on authors from Karl Marx to Cynthia Cockburn to show that production technology is shaped by social relations in the workplace. It moves on to the technologies of the household and biological reproduction, which are topics that male-dominated social science has tended to ignore or trivialise -- though these are actually of crucial significance where powerful shaping factors are at work, normally unnoticed. The final section asks what shapes the most frightening technology of all -- the technology of weaponry, especially nuclear weapons. The editors argue that social scientists have devoted disproportionate attention to the effects of technology on society, and tended to ignore the more fundamental question of what shapes technology in the first place. They have drawn both on established work in the history and sociology of technology and on newer feminist perspectives to show just how important and fruitful it is to try to answer that deeper question. The first edition of this reader, published in 1985, had a considerable influence on thinking about the relationship between technology andsociety. This second edition has been thoroughly revised and expanded to take into account new research and the emergence of new theoretical perspectives. (shrink)

Civil society organizations (CSOs) have significantly impacted on the politics of health research and the field of bioethics. In the global HIV epidemic, CSOs have served a pivotal stakeholder role. The dire need for development of new prevention technologies has raised critical challenges for the ethical engagement of community stakeholders in HIV research. This study explored the perspectives of CSO representatives involved in HIV prevention trials (HPTs) on the impact of premature trial closures on stakeholder engagement. Fourteen respondents from (...) South African and international CSOs representing activist and advocacy groups, community mobilisation initiatives, and human and legal rights groups were purposively sampled based on involvement in HPTs. Interviews were conducted from February-May 2010. Descriptive analysis was undertaken across interviews and key themes were developed inductively. CSO representatives largely described positive outcomes of recent microbicide and HIV vaccine trial terminations, particularly in South Africa, which they attributed to improvements in stakeholder engagement. Ongoing challenges to community engagement included the need for principled justifications for selective stakeholder engagement at strategic time-points, as well as the need for legitimate alternatives to CABs as mechanisms for engagement. Key issues for CSOs in relation to research were also raised. (shrink)

The Israeli approach to advertising consists of two complementary sets of norms, legal norms and moral‐ethical norms. Advertising legislation demands honest disclosure. The Israeli legislator refrains from intervening in fundamental rights such as freedom of expression, free trade, occupation, and liberty of contract in advertising. However, there are also few interventions to prevent phenomena that are dangerous or abusive, especially to groups needing protection. The Israeli courts do try to apply moral considerations in cases tried by them, but (...) living up to moral responsibilities is different from complying with legal obligations. Advertisers in Israel have a(i) Treatise(r), consisting of ten ethical guidelines, which neither sums up advertising ethics in its entirety nor is legally binding. Sociological and psychological features of the culture need to be examined in order to spell out what truth and honesty in advertising actually mean in this society, and the manner in which these values are practised. Lacking sanctions in public law against misleading consumers or manipulation based on false facts, consumers must find remedy in civil actions which rely on moral and ethical rules. (shrink)

Habermas and Nino see human rights not as an external constraint on popular sovereignty, but rather as a key ingredient of true democracy. Yet, Habermas asserts that democratic deliberation involves moral, ethical, pragmatic, and negotiated matters, while Nino reduces democracy to moral deliberation. Habermass theory thus is more complex and takes more seriously the possibility that deliberative democracy may vary across societies. All the same, Habermas excessively limits the extent of legitimate variability inasmuch as he shares with Nino the (...) conviction that moral reasons are universal and ultimately decisive. Habermas and Nino converge, more fundamentally, when they exclude the non-deliberative (and non-dialogic) aspects of the democratic process. It is a mistake to disregard these elements or to characterize them as oblique manifestations of deliberation. By taking these features into account, a picture of democracy gains in plausibility and opens up additional space for diversity in democratic theory and practice. (shrink)

ABSTRACTSince its origin bioethics has been a specialized, academic discipline, focussing on moral issues, using a vast set of globalized principles and rational techniques to evaluate and guide healthcare practices. With the emergence of a plural society, the loss of faith in experts and authorities and the decline of overarching grand narratives and shared moralities, a new approach to bioethics is needed. This approach implies a shift from an external critique of practices towards embedded ethics and interactive practice improvement, (...) and from a legal defence of rights towards fostering interdependent practices of responsibility. This article describes these transitions within bioethics in relation to the broader societal and cultural dynamics within Western societies, and traces the implications for the methodologies and changing roles of the bioethicist. The bioethicist we foresee is not just a clever expert but also a relationally sensitive person who engages stakeholders in reciprocal dialogues about their practice of responsibility and helps to integrate various sorts of knowledge . In order to illustrate this new approach, we present a case study. It concerns a project focusing on an innovation in elderly care, based on the participation of various stakeholders, especially older people themselves. (shrink)

Civil society organizations (CSOs) have significantly impacted on the politics of health research and the field of bioethics. In the globalHIVepidemic,CSOs have served a pivotal stakeholder role. The dire need for development of new prevention technologies has raised critical challenges for the ethical engagement of community stakeholders inHIVresearch. This study explored the perspectives ofCSOrepresentatives involved inHIVprevention trials (HPTs) on the impact of premature trial closures on stakeholder engagement. Fourteen respondents fromSouthAfrican and internationalCSOs representing activist and advocacy groups, community mobilisation (...) initiatives, and human and legal rights groups were purposively sampled based on involvement inHPTs. Interviews were conducted fromFebruary‐May 2010. Descriptive analysis was undertaken across interviews and key themes were developed inductively.CSOrepresentatives largely described positive outcomes of recent microbicide andHIVvaccine trial terminations, particularly inSouthAfrica, which they attributed to improvements in stakeholder engagement. Ongoing challenges to community engagement included the need for principled justifications for selective stakeholder engagement at strategic time‐points, as well as the need for legitimate alternatives toCABs as mechanisms for engagement. Key issues forCSOs in relation to research were also raised. (shrink)

This paper explores the relationship between justice and government, examining views on the subject expressed by traditional political philosophers such as Rousseau and Locke, as well as those expressed by contemporary political theorists such as John Rawls and Robert Nozick. According to Rawls, justice is one of the fundamental concerns of a governing body; Locke and Rousseau agree that government and justice are essentially connected. Nozick and Max Weber, however, claim that the essential characteristic of government is not justice, (...) but power. This paper argues that government, as an institution formed and controlled by human beings, is subject to the moral injunction to treat human beings as entities accorded certain rights, and included among these rights is the right to just treatment. Governments are therefore enjoined to be just because human beings, as rational agents, and therefore persons, are owed the minimal respect due a person, such as the right to freedom and the right to forbearance from harm by others to self and property. (shrink)

Schleiermacher is a philosopher and theologist, widely known in Protestant society, whose philosophy, after the turn of the nineteenth and twentieth centuries, has only just begun to be rediscovered in Russia nowadays. One of the central works of Schleiermacher is the lecture on dialectics, which he read at the University of Berlin. In these lectures on dialectics Schleiermacher presents his system of philosophy. He tries to unite the world of action and the world of science, revealing their common (...) root, and give us his own view on the solution of the problem of post-Kantian philosophy. Action and cognition, writes Schleiermacher, are not two different worlds irreducible to each other in which a person is ought to live, but they are only two different views on reality, and since they can be described in the same concepts, dominance of one or another side depends from which of the concepts common to both “worlds” exceed. Moreover, in these lectures one can see how Schleiermacher understands the connection between theology and philosophy. Theology, the validity of the ground of which are confirmed by the obviosity of a religious feeling - the revelation of the Absolute - and philosophy, which gradually goes back to the Absolute, describing it as a higher concept, which has no opposition, therefore, which the mind cannot determine, has its common foundation in the Absolute or God, who is given to us in feeling, and implied to every act of being and thinking. So, Schleiermacher's “Dialectics” can rightfully be considered not only an exposition of his philosophical system, but also a key to understanding the interconnectedness of philosophy and theology and their connection through the concept of God. (shrink)

The automated parsing of 130,213 news articles about the 2012 US presidential elections produces a network formed by the key political actors and issues, which were linked by relations of support and opposition. The nodes are formed by noun phrases and links by verbs, directly expressing the action of one node upon the other. This network is studied by applying insights from several theories and techniques, and by combining existing tools in an innovative way, including: graph partitioning, centrality, assortativity, hierarchy (...) and structural balance. The analysis yields various patterns. First, we observe that the fundamental split between the Republican and Democrat camps can be easily detected by network partitioning, which provides a strong validation check of the approach adopted, as well as a sound way to assign actors and topics to one of the two camps. Second, we identify the most central nodes of the political camps. We also learnt that Clinton played a more central role than Biden in the Democrat camp; the overall campaign was much focused on economy and rights; the Republican Party is the most divisive subject in the campaign, and is portrayed more negatively than the Democrats; and, overall, the media reported positive statements more frequently for the Democrats than the Republicans. This is the first study in which political positions are automatically extracted and derived from a very large corpus of online news, generating a network that goes well beyond traditional word-association networks by means of richer linguistic analysis of texts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Instinct of Nature: Natural Law, Synderesis, and the Moral SenseRobert A. Greene“Instinct is a great matter.”—Sir John FalstaffThis essay traces the evolution of the meaning of the expression instinctus naturae in the discussion of the natural law from Justinian’s Digest through its association with synderesis to Francis Hutcheson’s theory of the moral sense. The introduction of instinctus naturae into Ulpian’s definition of the natural law by Isidore of Seville (...) in the seventh century posed a problem of definition for medieval commentators. Some said that it meant a universal and providential natura naturans; some defined it as the urge to self and species preservation in animals, degenerating in man into sensual and shameful impulses; some advanced the humanistic and paradoxical notion that it referred to a unique exercise of human reason in coming to know the natural law. The contemporaneous revival in the twelfth century of St. Jerome’s puzzling new term “synderesis,” and its gradual definition as the immediate apprehension of the first practical moral principles of the natural law, brought the two terms into proximity and loose association.A half-century later St. Bonaventure made explicit what had remained latent in the thinking of Thomas Aquinas by relocating synderesis in the affective rather than the intellectual part of man’s nature. Accordingly the moral discoveries of synderesis came to be spoken of as not only non-discursive but instinctive in nature—apprehensions for which no reason could be given, apprehensions somehow rooted in affective human experience. During the bilingual early modern period an increasingly secularized, internalized, and reified instinctus [End Page 173] naturae, together with its abbreviated vernacular cognate, “instinct,” came to serve as a substitute and synonym for the obsolescent synderesis. Edward Herbert’s attention to instinctus naturae in his De Veritate (1624), Sir Matthew Hale’s speculations about the place of rational instinct in the natural law, and Francis Hutcheson’s theory of a moral sense all exemplify this semantic legacy.The first entry in Justinian’s Digest has had a disproportionate influence on later speculation about the natural law. It begins a chapter that gives pride of place to general definitions of justice, law, jus naturale and jus gentium, and it is drawn from the writings of the Roman jurisconsult Domitius Ulpianus (d. 223), whose work constitutes forty percent of the Digest. Ulpian defines the natural law, with insistent repetition, as that which nature has taught to, or is common to, all animals:Jus naturale is that which nature has taught to all animals; for it is not a law specific to mankind but is common to all animals—land animals, sea animals, and the birds as well. Out of this comes the union of man and woman [male and female] which we call marriage, and the procreation of children, and their rearing. So we can see that the other animals, wild beasts included, are rightly understood to be acquainted with this law. Jus gentium, the law of the nations, is that which all human peoples observe. That it is not coextensive with natural law can be grasped easily, since this latter is common to all animals whereas jus gentium is common only to human beings among themselves. 1Justinian’s compilers gave Ulpian’s definition striking prominence at the beginning of the Digest and then in the same short chapter quoted the incompatible and more traditional definitions of his contemporaries Gaius and Paulus. They confined the operation of the natural law to mankind and spoke of reason as its source. 2 The compilers had been charged to eliminate just such conflicts; yet here at the very outset they set a conundrum that perplexed commentators [End Page 174] and invited explanation from Isidore of Seville to Hugo Grotius. Their selection of quotations suggests that as lawyers they regarded such general definitions as “for legal purposes no more than ornament to discussion.” 3 For those of a more speculative bent, however, the dilemmas could not have been more fundamental. How was the natural law to be defined in relation to those appetitive and self-preservative urges that man seemed to share with animals? Or did the term law apply only... (shrink)

Euthanasia and physician-assisted suicide are controversial issues in medical ethics and medical law. In the debate, several arguments against the moral acceptability and legal feasibility of active involvement of physicians in bringing about a patient’s death can be found.One argument refers back to the Ten Commandments: “Thou shall not kill”. Killing another human being is morally abject. According to the argument, this is certainly so for medical doctors, as can be seen in the Hippocratic Oath, which explicitly forbids abortion and (...) euthanasia. A less apodictic argument refers to the slippery slope: if euthanasia would be permitted, a downhill movement is set in motion. The end of this movement would be, on the one hand, that physicians will feel forced to assist people who ask for termination of life on whatever grounds. On the other hand, it might lead to a situation in which it becomes normal to kill people who are no longer useful for society.In the literature and in the public debate, there are also arguments in favour of euthanasia and physician-assisted suicide. One such argument invokes the right to die. According to this argument, decisions concerning life and death should be up to the individual who is concerned. In many countries, suicide is morally and legally accepted. If people are allowed to kill themselves, why should they be without rights when they are no longer able to perform the act themselves?In medical ethics and medical law, patient autonomy is a central pivot. Patients have the right to refuse treatment even if this leads to their death. Shouldn’t people also have the right to determine the moment of dying, if they are in a situation which is unbearable, and without prospect of improvement? Another argument focuses on the duty of the physician to alleviate pain and suffering. If there is no other option, the doctor, in fulfilling this duty, should be allowed to actively end the patient’s life. This argument is not based on autonomy, but on beneficence.The debate concerning euthanasia involves fundamentally different moral principles. This makes the debate interesting, if not central to medical ethics and medical law. Yet, the principles are normally presented in an abstract way. Discussants stick to very general ideas, which lack reference to specific social and historical conditions, and are not related to concrete experiences. To invoke the Ten Commandments, or plea for a right to die, implies the use of universal standards, which tend to be general and empty.From a philosophical perspective, this type of argumentation can be criticized. Following Aristotle, ethics should be based upon experience. Ethical knowledge requires participation in concrete practices. Central to ethics is a feeling for the concrete situation, which is always contingent and historical. From this perspective, it makes sense to consider how practitioners in specific situations deal with moral issues, for instance concerning euthanasia. What role do they give to notions such as autonomy and beneficence, how do they interpret them and apply them to the concrete situation?In this paper I will present the Dutch experience with euthanasia. I will focus upon the way in which during the past thirty years the arguments in favour of euthanasia have been developed, in interaction with euthanasia practice. I will show that patient autonomy has been a crucial pivot. Yet, the Dutch interpretation of autonomy is not purely liberal. It does not only involve rights, but also obligations. Next, I will make clear that the physician plays a central role, in that the moral and legal basis of euthanasia is a conflict of duties on the side of the physician.This brings in the issue of beneficence. Yet the Dutch interpretation of the duty to help is not simply paternalistic. In Dutch health care, the physician-patient relationship is based upon deliberation and mutual agreement. Therefore, my conclusion will be that the Dutch practice of euthanasia has a moral ground, which goes beyond the traditional opposition between autonomy and beneficence. (shrink)

The Ninth International Conference on Computer Ethics: Philosophical Enquiry was held in Milwaukee, WI. Four papers originally presented at that conference are included in this issue of Computers and Society. The selected papers examine a wide range of information/computer-ethics-related issues, and taken together, they show great diversity in the field of information/computer ethics. We are continually negotiating with ethics, law, and policy in our technology-driven activities in the interconnected global arena. As we consider the themes within and among the (...) papers here, we encourage readers to think deeply about fundamental principles such as trust, accountability, anonymity, and human rights. Each of these papers takes us back, philosophically, to seminal and long-standing principles of ethics, broadly speaking, and then, brings us forward, to significant and contemporary challenges in ethics. The authors each weave narratives about our place and space as individuals, as members of cultural collectives, and evolving socio-political-technical norms around us, governing us, defining us. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Theology as Interdisciplinary Inquiry: Learning with and from the Natural and Human Sciences eds. by Robin W. Lovin and Joshua MauldinSara A. WilliamsTheology as Interdisciplinary Inquiry: Learning with and from the Natural and Human Sciences Edited by Robin W. Lovin and Joshua Mauldin grand rapids, mi: eerdmans, 2017. 202 pp. $32.00How can Christian theology engage in fruitful dialogue with fields of inquiry such as cognitive science, anthropology, and (...) law? Might discoveries in the natural and human sciences open creative possibilities for theology, and vice versa? Can Christian theology maintain its integrity while integrating insights from other disciplines? Theology as Interdisciplinary Inquiry takes up these questions as its central aim. This volume of six essays emerges from a three-year Templeton Foundation initiative that brought an interdisciplinary set of scholars together at the Center for Theological Inquiry to explore how their research might collaboratively push theology in new directions. These conversations centered on three themes: evolution and human nature, religious experience and moral identity, and law and religious freedom.In the first essay, Celia Deane-Drummond proposes an alternative approach to traditional readings of the Genesis creation account that looks to "resonances" between von Balthasar's notion of "theo-drama" and niche construction theory. Her argument allows for human agency while drawing theology into a complementary, rather than conflictual, relationship with evolutionary science. The next three essays take up the theme of religious experience and moral identity. Michael Spezio proposes that both theology and cognitive science look to moral exemplars as the phenomenological basis for more realistic and mutually informative moral theology and cognitive models of learning. Colleen Shantz draws on cognitive science to demonstrate how the material [End Page 192] and relational are constitutive of cognitive processes, arguing that it is precisely through "development and change" that we bear the imago Dei (66). Andrea Hollingsworth offers a rereading of Nicholas of Cusa's De visione Dei to demonstrate how a medieval mystical text echoes elements of contemporary neurocognitive processes of self-transformation. The final two essays center on law and religious freedom. John Burgess examines the privileging of religious freedom for canonizing martyrs in post-Soviet Russian Orthodoxy, arguing that this provides theological grounding for the legal right to religious freedom. Mary Ellen O'Connell proposes aesthetics as a more adequate modern grounding for legal authority than science. She argues that aesthetics takes us beyond the limits of self-interest, drawing us into concern for the good of others through the contemplation of beauty.What holds these essays together is the pursuit of "transdisciplinarity": "paying close attention to the other discipline(s) in a way that has a substantial and mutual impact, but at the same time retaining a clear sense of disciplinary integrity" (14–15). Lovin and Mauldin argue for humility and hope as virtues that enable us to navigate the tension between openness and integrity. While humility enables us to recognize the limits of disciplinary boundaries and assumptions, hope propels us forward, promising that however incomplete our knowledge remains, by the grace of God we will make advances in understanding our world and ourselves.Just as Christian Scharen and Aana Marie Vigen's Ethnography as Christian Theology and Ethics argues for the value of engagement with ethnography and its related disciplines to produce theology and ethics grounded in lived reality, this volume argues for the value of engagement with the natural and human sciences to produce "theological realism" that accounts for the complexity of "human personality and community" (xviii). It is unsurprising, then, that both volumes respond to objections from the neo-Radical Reformation and Radical Orthodoxy camps. In his conclusion, Douglas Ottati argues that these camps cannot account for the ways in which theological production inevitably interacts with natural and cultural processes. He argues further that insulating Christian theology is a form of cultural accommodation because it mirrors the formation of discrete modern disciplines, the very limitation these essays seek to transcend.This volume advances the live discussion in Christian ethics about the promise and risks of engaging natural and social sciences. It is a valuable resource on this topic, and its essays are suitable for use in seminary course discussions... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics by Paul SagarJames A. HarrisPaul Sagar. Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics. Princeton, NJ: Princeton University Press, 2022. Pp. xii + 229. Hardback, $37.00.Paul Sagar's invigorating book is a reconsideration of Adam Smith in the sense that it challenges much that is received wisdom in current scholarship. First and foremost, it rejects (...) the idea that Smith was preeminently a moral philosopher concerned with the threat to civic virtue posed by commercial society, and yet intent on giving commercial society a moral vindication nevertheless. Sagar—rightly, in my view—wants us to recognize Smith as having been a political thinker. Too much work on Smith still assumes that there is not much to say [End Page 323] about his political thought because he regarded all but the most minimal government as an obstacle to the proper functioning of markets. Smith is supposed to be a "classical liberal" bent on preserving as much natural liberty as possible in the face of government's relentless overextension of its powers of regulation. In Adam Smith's Politics: An Essay in Historiographic Revision (Cambridge: Cambridge University Press, 1978), Donald Winch rejected that approach to Smith in favor of a portrait of the author of The Theory of Moral Sentiments and The Wealth of Nations as an eighteenth-century thinker with an eighteenth-century thinker's concerns. Sagar's project is quite different. This is a book on Smith's political thought that does not once deploy the term 'Whig.' Sagar's Smith does not wholly float free of his historical situation—the questions he addresses are those posed by the end of feudalism and the advent of modernity—but situating him in the particular circumstances of Britain in the age of revolutions is not Sagar's concern. As Sagar sees it, the fundamental issues addressed by Smith's political thought concern the distinctive form taken by commercial society in the modern era. Smith, according to Sagar, held that all advanced societies are commercial societies. Commercial society as such needed no vindication. The question, rather, was what kind of commercial society a modern state wanted to be. That was a political question insofar as it was a question about the kind of freedom that mattered and about the kind of institutions needed to make that freedom a reality.Defined in maximally general terms, freedom for Smith was the absence of domination, where domination is understood as a lack of security in respect of one's physical safety and possessions. The condition of the poor and powerless had always been one of subjection to the will of the rich and powerful. What changed that, according to Smith, was implementation of the rule of law. This is in itself not a new reading of Smith, but what distinguishes Sagar's version of it is the care with which he examines both the place of the rule of law in Smith's historical account of the emergence of liberty in modern Europe and the precise nature of the connection between the rule of law and freedom. First, on Sagar's view, there needed to be a comprehensive picture of domination and slavery, which had been the normal condition of almost everyone for almost all of human history. Then there needed to be an explanation of how it was that, at one particular historical moment, domination was slowly but surely challenged by the emergence of law and law courts considered as independent of political power. In England, this was the story of the common law and of judges who held office for life, rather than at the pleasure of traditional possessors of power. It was the story of security in property, of the backing of property by law, and it was a largely urban story, of burghers who managed to enlist monarchs on their side in the battle against the barons. It was, in other words, in large part a medieval story, and one consequence is that there was more to say about the rise of liberty in the modern age than that it was caused inadvertently by... (shrink)

One prominent criticism of John Rawls’s The Law of Peoples is that it treats certain non-liberal societies, what Rawls calls ‘decent hierarchical societies’, as equal participants in a just international system. Rawls claims that these non-liberal societies should be respected as equals by liberal democratic societies, even though they do not grant their citizens the basic rights of democratic citizenship. This is presented by Rawls as a consequence of liberalism’s commitment to the principle of toleration. A number of (...) critics have claimed that Rawls’s treatment of these non-liberal societies is symptomatic of a more general problem with political liberalism, namely, its reliance on toleration as its ‘fundamental principle’. Against this view, I argue that the principle of toleration should not be understood as political liberalism’s ‘fundamental principle’. This is revealed through a consideration of the normative basis of what Rawls calls the ‘Liberal Principle of Legitimacy’. A correct understanding of political liberalism’s ‘fundamental principle’, which I claim is a principle of equal ‘civic respect’ for citizens, shows that Rawls’s toleration of non-liberal societies is in fact a misapplication of political liberalism to the global domain. Moreover, I explain that political liberalism must assert that the principle of equal civic respect for citizens is the correct principle to govern the public political relations of citizens in all pluralist societies, and that most ‘decent hierarchical societies’ are pluralist in nature. Identifying political liberalism’s fundamental principle as that of equal civic respect for citizens helps to render political liberalism, in both the domestic and international domains, a more coherent and compelling approach to thinking about fundamental political issues. Key Words: civic respect • international relations • justice • political liberalism • Rawls • toleration. (shrink)

This article maintains that it is the constitutional responsibility of the courts, here the courts of the State of Michigan, to engage in judicial policymaking in the process of formulating common law rules. The article is written in response to the views expressed by some Justices of the Michigan Supreme Court that separation of powers concerns should impose significant limits on the power of the courts to establish and develop the common law of Michigan. Specifically, the contention is that policymaking (...) is exclusively the province of the legislature, so that the courts cannot properly formulate common law rules that may have significant social and economic effects. The article strongly disagrees with the proposition that there is any kind of constitutional constraint, either prudential or structural, on the power, and indeed, the constitutional responsibility of the Michigan courts (or the courts of any state) to engage in judicial policymaking in the process of formulating common law rules.The judicial power given to the Michigan courts by the Michigan Constitution includes the power to do what courts have always done in the Anglo-American legal system. The judicial power gives the courts the responsibility to adjudicate controversies between private persons and in the process to develop a common law through the workings of binding precedent and stare decisis. In so doing, the courts may properly take into account considerations of social and economic policy just as the legislature does when it engages in the process of enacting legislation. The difference between what the courts do and what the legislature does is a difference in process, not a difference in substance. Judicial policymaking takes place within the judicial process, that is, in the adjudication of controversies between persons in which the courts promulgate common law rules. The common law develops in a line of growth through the workings of binding precedent and stare decisis, and to the extent that there are limitations on the development of the common law, these are limitations that inhere in the judicial process itself. When the courts, for example, consider whether a new claim or a new defense should be recognized by the common law, they must consider whether that new claim or defense properly follows in the line of growth from existing doctrine and precedent. But if the courts conclude that it does, that is, if the claim or defense is consistent with the line of growth of existing doctrine and precedent, the courts are not constrained from recognizing the claim or defense on the ground that the substance of the claim or defense is a matter for the legislature rather than for the courts or that the resulting common law rule may have significant social and economic effects. The legislature, in contrast, enacts legislation through the legislative process. That process is a freewheeling one, often dependent on political compromise and completely unrestrained by the kind of limitations that inhere the judicial process. There is no legislative concept of line of growth, and the legislature can and often does enact legislation that brings about fundamental societal change or reverses the course of public policy. In our constitutional system, the most important questions of public policy are, of course, determined by the Legislature. Where the legislature disagrees with the policy choices reflected in a common law rule, the legislature has the power to enact legislation changing the common law rule. But there are many areas of private law where the legislature has not acted. In our constitutional system, where the matter in issue is not covered or preempted by legislation, the courts may formulate a common law rule to cover that matter, and in so doing may engage in judicial policymaking. Judicial policymaking is a part of the development of the common law, and the courts cannot avoid their responsibility to engage in judicial policymaking to the extent that it is necessary in the process of formulating the common law. As a constitutional matter, there are no separation of powers considerations that prohibit the courts from engaging in judicial policymaking. This part of the article traces judicial policymaking and the common law back to the seminal writings of Oliver Wendell Holmes, Roscoe Pound and Benjamin Cardozo.The article then discusses at length judicial policymaking and the development of the common law in Michigan. It shows that the clearest history of judicial policymaking in development of the common law is the liability-limiting rules of the late nineteenth century that were promulgated in the wake of the Industrial Revolution to protect the newly-emerging industries. During that time the courts in Michigan and elsewhere grafted on to the general principles of negligence law liability rules such as assumption of risk, contributory negligence, and the fellow servant doctrine, all of which had the effect of denying recovery to workers and other victims of industrial accidents. Beginning in the middle of the twentieth century, however, the Michigan Supreme Court began excising its constitutional power to make changes in the common law, expanding significantly the scope of tort liability in Michigan. Emphasizing that "rules created by the court could be altered by the court," and that the court had a "corrective responsibility when dealing with judge-made law," the Court, in approximately a 30 year period: eliminated the imputed negligence doctrine, under which the driver's negligence was imputed to the passenger in the passenger's suit against a third party; eliminated charitable immunity as a defense to a tort action; held that a wife could maintain at tort action for loss of her husband's consortium; abrogated the defense of assumption of risk, which had been applied outside of the employment area, held that there could be recovery for pre-natal injuries and finally abolished contributory negligence as a complete bar to recovery in favor of a comparative negligence approach. In these cases the Court discussed the relevant policy considerations influencing their decisions with respect to the common law rule at issue. In the last quarter century, the Court continued to take into account policy considerations in developing the common law, but not infrequently there was disagreement on the Court as to where policy considerations should lead, with some Justices arguing that policy considerations supported the imposition of tort liability, while other Justices argued that they did not.The article concludes that it has been demonstrated that in the development of the common law of Michigan, the Michigan Supreme Court has at all times engaged in judicial policymaking. From the liability-limiting rules of the late nineteenth century designed to protect the newly-emerging industries in this state, to the Court's exercise of its power to change the common law in Michigan over a 30 year period by expanding significantly the scope of tort liability in Michigan, to its recognition of new claims, such as a child's right to recover for loss of a parent's consortium caused by a negligent injury, to its imposition of limits on tort recovery, such as the open and obvious doctrine, the Court has invoked considerations of policy in support of its decisions. In these cases, the Court's invocation of policy considerations was sometimes accompanied by substantial disagreement among members of the Court over where policy should lead, but at no time did the Court ever suggest that separation of powers considerations should somehow operate as a kind of restraint on the Court's use of policy in the development of the common law. It is the power and responsibility of the Michigan Courts under the Michigan Constitution to make policy choices in formulating the common law. (shrink)

Discusses central aspects of Kant's work on the nature of morality and the basis of moral obligation. In examining the categorical imperative and the hypothetical imperative, emphasizes the real nature of the distinction between these principles: whereas the former is binding upon every one, the latter is binding only upon some individuals, namely those individuals who want the end for which a prescribed action is a means. Also considers the nature of the will, Kant's criterion of the rightness of a (...) right action, and two criticisms of Kant's view of morality that arise from his attempt to offer a general answer to the question ‘Why ought an action be performed?’ Then turns to Kant's proof of freedom, which it is claimed just barely misses making the right point that action is only possible under the idea of freedom. Concludes by examining Kant's proof of immortality and the existence of God. (shrink)