In this paper, we’ll present, explain, and defend a Christian ethic for sport that takes loving all individuals as the fundamental moral imperative. First, we’ll begin by taking a seeming detour through views about the morality of war. More specifically, we’ll consider realism, according to which, roughly, moral requirements and rules are suspended during war such that it is misguided to attempt to apply moral terms to acts performed within the context of war. Second, by paying attention to relevant surveys (...) and testimonies, we’ll see how this sort of realism seems to be prevalent within the sports world. We’ll see that a singular focus upon winning seems to cultivate this orientation toward realism and its corresponding relaxed attitude toward rule exploitation and violation and the imposition of harms upon one’s opponents. Third, we’ll present an argument from counterexamples against realism about war and then we’ll consider a structurally identical argument against realism in sport. Fourth, we’ll fill the resulting void by presenting, explaining, and defending the aforementioned Christian ethic for sport. Finally, we’ll apply our Christian ethic for sport, tracing some of its implications for fighting in the NHL, taunting and trash-talking, and telling the truth within gameplay. (shrink)

This paper defends “Animal Universalism,” the thesis that all sentient non-human animals will be brought into Heaven and remain there for eternity. It assumes that God exists and is all-powerful, perfectly loving, and perfectly just. From these background theses, the authors argue that Animal Universalism follows. If God is perfectly loving, then God is concerned about the well-being of non-human animals, and God chooses to maximize the well-being of each individual animal when doing so does not harm other individual creatures (...) or violate creaturely freedom. If God is perfectly just, then God does not arbitrarily discriminate against non-human animals by offering humans an opportunity to enter Heaven but not offering the same to each animal. Each of these conclusions implies Animal Universalism. (shrink)

The war in the DRC has resulted in one of the world’s worst humanitarian crisis with over 3.4 million displaced persons scattered throughout the country. An estimated 4 million people have died as a result of the war. The most pressing need to be addressed is the question of justice and accountability for these human rights atrocities in order to achieve a durable peace in the country and also in the Great Lakes region. It is particularly true in post-conflict situations (...) where justice systems have been either partially or completely destroyed, that national courts are not capable of arriving at a uniform stance, or willing to provide justice for atrocities in the immediate future. As a result, international justice seems to be a crucial and last resort that must continue to be fortified against efforts to undermine it. However, even if the ICC achieves its full potential, it faces a number of challenges. Firstly, it is realistically not able to address all situations in which national courts are unwilling or unable to prosecute perpetrators. Secondly, there are temporal and other jurisdictional limitations on what cases the ICC can hear. Accordingly, the ICC will only have the power to try people accused of the gravest human rights violations committed after 1 July 2002; the date the Rome Statute which established the ICC took effect. As a result, only a small number of individuals responsible for the atrocities committed will be tried by this Court. Thirdly, is the establishment, of the Truth and Reconciliation Commission (TRC), one of the civilian institutions that emerged from the peace talks, meant to end impunity or to cover up gross violations of human rights committed in the DRC? It remains to be seen how it will function and interact with the courts. (shrink)

Morality has traditionally been described in terms of an impartial and objective “moral law”, and moral psychological research has largely followed in this vein, focusing on abstract moral judgments. But might our moral judgments be shaped not just by what the action is, but who is doing it? We looked at ratings of moral wrongness, manipulating whether the person doing the action was a friend, a refugee, or a stranger. We looked at these ratings across various moral foundations, and conducted (...) the study in Brazil, US, and UK samples. Our most robust and consistent findings are that purity violations were judged more harshly when committed by ingroup members and less harshly when committed by the refugees in comparison to the unspecified agents, the difference between refugee and unspecified agents decays from liberals to conservatives, i.e., conservatives judge them more harshly than liberals do, and Brazilians participants are harsher than the US and UK participants. Our results suggest that purity violations are judged differently according to who committed them and according to the political ideology of the judges. We discuss the findings in light of various theories of groups dynamics, such as moral hypocrisy, moral disengagement, and the black sheep effect. (shrink)

We introduce what we call the Emergent Model of forgiving, which is a process-based relational model conceptualizing forgiving as moral and normative repair in the wake of grave wrongs. In cases of grave wrongs, which shatter the victim’s life, the Classical Model of transactional forgiveness falls short of illuminating how genuine forgiveness can be achieved. In a climate of persistent threat and distrust, expressions of remorse, rituals and gestures of apology, and acts of reparation are unable to secure (...) the moral confidence and trust required for moral repair, much less for forgiveness. Without the rudiments of a shared moral world — a world in which, at the very least, the survivor’s violation can be collectively recognized as a violation, and her moral status and authority collectively acknowledged and respected — expressions of remorse, gestures and rituals of apology, or promises of compensation have no authority as meaningful communicative acts with reparative significance. Accordingly, we argue that repair in the wake of traumatic violence involves ‘world-building,’ which supports the ability of survivors to move from despair to hope, from radical and disabling distrust to trust and engagement, and thus from impotence to effective agency. Our Emergent Model treats forgiveness as a slowly developing outcome of a series of changes in a person’s relationship to the trauma and its aftermath, in which moral agency is regained. We argue that forgiveness after grave wrongs and world-shattering harm, when it occurs, emerges from other phenomena, such as cohabitation within a community, gestures of reconciliation, working on shared projects, the developing of trust. On this view, forgiveness is an emergent phenomenon; it entails taking and exercising normative power—coming to claim one’s own moral authority in relation to oneself, one’s assailant, and one’s community. The processes that ultimately constitute forgiving are part and parcel of normative repair more broadly construed. (shrink)

This article adds to earlier research revealing that the American news media did not discharge their responsibility as a watchdog press in the post-9/11 years by failing to scrutinize extreme and unlawful government policies and actions, most of all the decision to invade Iraq based on false information about Saddam Hussein’s alleged weapons of mass destruction arsenal. The content analyses presented here demonstrate that leading US news organizations, both television and print, did not expressly refer to human rights violations when (...) they reported on the torturing of foreign detainees during “enhanced interrogations” in US-run prison facilities abroad and the killing of civilians, including children, in US drone strikes overseas and outside theaters of war. Moreover, by framing torture and the “collateral damage” caused by drone-launched missile attacks episodically rather than in the context of human rights, the news media failed to alert the American public to the grave humanitarian violations in the so-called war on terrorism during the George W. Bush and Barack Obama administrations. (shrink)

In the transition from a repressive to a democratic society, the successor government faces the problem of how to deal with grave human rights violations such as killings and torture committed under its predecessor. This paper analyzes the dilemma a new government may encounter when it attempts to prosecute and punish those found responsible. On one hand, trials of chargeable officers may be able to prevent human rights abuses in the future and to facilitate instituting or restoring democracy. On (...) the other, in the case that there were no legal rules definitively prohibiting the abuses committed by these officers, the trials require ex post facto laws, which breach the principle of nulla poena sine lege, and more generally violate the rule of law. These retroactive laws not only break legal predictability but treat individuals unfairly. After identifying both the need for, and the legal and political losses incurred by such criminal trials, the author examines the claims that international law resolves the dilemma of retroactive justice or that prosecution is justified as a fulfillment of international obligation. Then the author refers to this dilemma as “dirty hands” to characterize a circumstance in which one cannot avoid using the wrong means to obtain the best ends. Such characterization has normative implications for three aspects of trials: the process of enacting retroactive laws and the process of conducting the trials; the choice of other possible legal remedies; and the principles related to reactions in the international community. (shrink)

At first thought, our question of the day seems to be "about the text itself." Is there, in all texts, or at least in some texts, what Abrams calls "a core of determinate meanings," "the central core of what they [the authors] undertook to communicate"? Miller has seemed to find in the texts of Nietzsche a claim that there is not, that "the same text authorizes innumerable interpretations: There is no 'correct' interpretation. . . . reading is never the objective (...) identifying of a sense but the importation of meaning into a text which has no meaning 'in itself.'" Abrams claims that Miller cannot report on Nietzsche's deconstructionist claims without violating them: Miller seems to claim that he has found something that Nietzsche's text really says, not something that Miller himself merely brought to it. Is this objection a quibble or a clincher?1 · 1. See my "M.H. Abrams: Historian as Critic, Critic as Pluralist," Critical Inquiry 2 : 411-45, and Abrams' reply, "Rationality and Imagination in Cultural History," pp. 447-64, esp. 456-58. Wayne C. Booth's other contributions to Critical Inquiry include "Kenneth Burke's Way of Knowing" , "Irony and Pity Once Again: Thais Revisited" , "Notes and Exchanges" , "Metaphor as Rhetoric: The Problem of Evaluation" ,"Ten Literal 'Theses" , with Wright Morris: "The Writing of Organic Fiction: A Conversation" , and with Robert E. Streeter, W.J.T. Mitchell: "Sheldon Sacks 1930-1979". (shrink)

It is hardly necessary to rent I Spit on Your Grave or Tool Box Murders for your VCR in order to find images of sexuality contaminated by depersonalization or violence. As far back as Rabelais’ Gargantua, for example, Panurge proposes to build a wall around Paris out of the pleasure-twats of women [which] are much cheaper than stones”: “the largest … in front” would be followed by “the medium-sized, and last of all, the least and smallest,” all interlaced with (...) “many horney joy-dinguses” so that fortification would be impregnable, except for the “ordure and excretions” of the flies it would doubtlessly attract.1 Two centuries later, one of Rabelais’ compatriots, the Marquis de Lade, described the rage of a sexually initiated daughter against a woman who refuses to consider her “pleasure-twat” “cheaper than stones.” The Sadeian heroine first sodomizes her puritanical mother with an artificial penis, then has her infected with syphilis, and finally performs infibulations to prevent the infected semen from leaking out: “Quickly, quickly, fetch me needle and threat! … Spread your thighs, Mama, so I can stitch you together.”2One century later in England, the author of My Secret Life explained that, when in a state of sexual excitement, “he is ready to fuck anything,” from his sister to his grandmother, from a ten-year-old, to a woman of sixty, for a standing prick has no conscience.” To this credo, he adds the admonition, “Woe be to the female whom he gets a chance at, if she does not want him, for he will have her if he can.”3 The sexually aroused man in the contemporary American film Looking for Mr. Goodbar curses the woman who does not want him as much as she wants a room of her own and the freedom to choose a succession of male lovers. After he resentfully determines to have her when he gets the chance , he rapes her and finally knifes her to death, exclaiming “That’s what you want, bitch, right? That’s what you want.”However these individual works are labeled, such passages remind us of the long history of pornography, a gender-specific genre produced primarily by and for men but focused obsessively on the female figure. In their depictions of female sexuality, narratives from Gargantua to La Philosophie dans le boudoir, My Secret Life, and Looking for Mr. Goodbar explain why definitions of the pornographic have recently moved away from “obscenity,” a term that generally refers to the sexually stimulating effects of a picture, a novel, or a film on the male reader/observer, and toward “dehumanization,” a word that is used to evoke the objectification of women. As Irene Diamond has demonstrated, during the past decade the generally held assumption that pornography is about male sexuality has been qualified by those who argue that “the ‘what’ of pornography is not sex but power and violence, and the ‘who’ of concern are no longer male consumers and artists but women.”4 1. François Rabelais, Gargantua and Pantagruel, trans. Jacques Le Clercq , bk. 2, chap. 15. I have used this translation because it is employed in Helene Iswolsky’s translation of Mikhail Bakhtin’s Rabelais and His World . With no analysis of gender, Bakhtin’s exclusive focus on the grotesque wipes out the significance of Rabelais’ sexual imagery.2. Marquis de Sade, quoted in a brilliant reading of this text by Angela Carter, The Sadeian Woman and the Ideology of Pornography , p. 127; all further references to this work , abbreviated SW, will be included in the text.3. My Secret Life , p. 361.4. Irene Diamond, “Pornography and Repression: A Reconsideration,” in Women: Sex and Sexuality, ed. Catharine Stimpson and Ethel Spector Person , p. 132. Susan Gubar is professor of English and women’s studies at Indiana University, Bloomington. Together with Sandra M. Gilbert, she has coauthored The Madwoman in the Attic: The Woman Writer and the Nineteenth-Century Literary Imagination and co-edited both Shakespeare’s Sisters: Feminist Essays on Women Poets and the Norton Anthology of Literature by Women: The Tradition in English. This fall they will publish the first volume of a three-volume work, No Man’s Land: The Place of the Woman Writer in the Twentieth Century. Her previous contribution to Critical Inquiry is “ ‘The Blank Page’ and the Issues of Female Creativity”. (shrink)

Female genital mutilation is the removal or restructuring of healthy genital tissue. Under natural law, mutilation is an intrinsic evil and a grave violation of human dignity. If mutilation alleviates a threat to a person’s well-being, it may sometimes be permissible, but healthy genitals pose no such threat. The purported social benefits of FGM, such as decreased promiscuity, do not justify the practice, because there is no causal relationship between mutilation and virtue. In terms of autonomy, victims are (...) usually children and unable to consent. Parental rights and the rights of religion do not override children’s inherent rights to physical integrity and safety. Current support for minimal forms of FGM in an attempt to reduce the incidence of severe forms will instead prolong the practice and increase the number of victims. Finally, FGM differs from male circumcision in that it destroys the function and integrity of the organs themselves and promotes profound gender inequality. (shrink)

As Charles Camosy observes, he and I agree more than we disagree. He believes with no less conviction than I do that deliberately killing infant children is profoundly morally wrong and a grave violation of human rights.1 So where do we disagree?I think that killing infant children, or promoting the moral permissibility of doing so, is moral madness, and that we should say so, rather than treating infanticide as just one more legitimate, albeit in the end morally mistaken (...) view. We owe this to potential victims of the potential mainstreaming of support for infanticide.Professor Camosy suggests that my view, or its public expression, is uncharitable towards advocates of infanticide and ‘at variance with a Christian …. (shrink)

In August, Amnesty International and the World Medical Association expressed concern at reports that a judge in Saudi Arabia had asked several hospitals in the country whether they could perform an operation to damage a man's spinal cord as punishment for attacking another man and leaving him paralysed. The man had already been sentenced to seven months imprisonment for the crime, the injured victim requested the further sentence under Sharia Law, which is strictly enforced across Saudi Arabia. According to reports, (...) one of the hospitals approached declined on ethical grounds. Another hospital stated that it was possible to damage the spinal cord in the way requested, but that the procedure would have to be done at a specialised hospital. 1In its statement, Amnesty International urged the authorities not to carry out the sentence, which it argued would be a grave violation of international human rights law and contravene the United Nations convention against Torture, to which Saudi Arabia is a state party. 2 The WMA expressed its support for the physicians who refused to carry out the request by the Saudi court, participation in which would constitute a severe breach of medical ethics. 3 The WMA reminded doctors that the Declaration of Tokyo clearly states that no physician should participate in the practice of torture or any other forms of cruel, inhuman or degrading procedures, whatever the offence of which the victim of such procedures is suspected, accused or guilty of. The Declaration also includes a prohibition of participation in the planning or advising for such a procedure. NHS white paperIn July 2010 the government published a White Paper outlining its plans to transform the delivery of National Health Services in England. 4 The White Paper has been described as ‘one of the biggest shake ups of the health system …. (shrink)

The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems with exclusion including (...) restrictions on the rights of victims with regard to the proceedings and to reparation, and (e) The application of provisions for amnesties and similar measures of impunity. -/- Over the years, the mandate of States under ICL has expanded. Key reforms under ICL and domestic laws have been led by the above mentioned concerns. The scope of state obligations, in particular, has been shaped by the standards adopted under the ICL framework including the "duty to prosecute" international crimes. The article discusses the normative significance of the "duty to prosecute". (shrink)

Climate change poses grave risks to food security, and mitigation and adaptation actions have so far been insufficient to lessen the risk of climate-induced violations of the right to food. Could safeguarding the right to food, then, justify some forms of geoengineering? This article examines geoengineering through the analytical lens of the right to food. We look at the components of food security and consider how the acceptability of geoengineering relates to the right to food via its impacts on (...) these components. Our examination shows that results vary greatly between different forms of geoengineering: while some forms of geoengineering fail to respect the right to food, certain other forms may even become obligatory to protect the right to food. It appears that there is no support for aerosol-based solar radiation management, whereas some carbon dioxide removal methods can help protect or promote the right to food. The ethical challenges related to carbon dioxide removal methods are, we note, similar to those that will also be faced in the course of climate change mitigation. (shrink)

Les violations des droits de la personne sont de plus en plus fréquentes et de plus en plus graves dans les sociétés occidentales. C’est la conséquence de « l’entreprisation » de notre monde. Devenue l’organisation domi­nante dans nos sociétés, l’entreprise constitue dans son principe même une menace pour la dignité de la personne, dans la mesure où elle est fondée sur l’ins­trumentalisation des êtres humains. Quiconque veut protéger l’homme de l’ex­ploi­tation et de l’aliénation ne peut donc que souhaiter l’abolition de (...) l’entreprise. Mais, dans ce cas, il faut supprimer les conditions qui la rendent possible. Or, paradoxalement, certains droits fondamentaux font partie de ces conditions. D’où la nécessité de les repenser. (shrink)

One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by (...) Hugo Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the _obligation to use nonlethal incapacitation_ (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground. (shrink)

If militarism violates the ideals of liberty and justice in one way, and rapidly increasing social stratification violates them in another, then American democracy is in crisis. A culture of democratic accountability will survive only if citizens revive the concerns that animated the great reform movements of the past, from abolitionism to civil rights. It is crucial, when reasoning about practical matters, not only to admit how grave one's situation is, but also to resist despair. Therefore, the fate of (...) democracy depends, to some significant degree, on how we choose to describe the crisis. Saying that we have already entered the new dark ages or a post-democratic era may prove to be a self-fulfilling prophecy, because anyone who accepts this message is apt to give up on the hard work of organizing and contestation that is needed to hold political representatives accountable to the people. This paper asks how one might strike the right balance between accuracy and hope in describing the democracy's current troubles. After saying what I mean by democracy and what I think the current threats to it are, I respond to Romand Coles's criticisms of reservations I have expressed before about rhetorical excess in the works of Stanley Hauerwas, Alasdair MacIntyre, and Richard Rorty. This leads to a discussion of several points raised against me by Hauerwas. A digression offers some of my reasons for doubting that John Howard Yoder's biblical scholarship vindicates Hauerwas's version of pacifism. The paper concludes by arguing that Sheldon Wolin's work on the evisceration of democracy, though admirably accurate in its treatment of the dangers posed by empire and capital, abandons the project of democratic accountability too quickly in favor of the romance of the fugitive. (shrink)

'The genocide in Rwanda showed us how terrible the consequences of inaction can be in the face of mass murder. But the conflict in Kosovo raised equally important questions about the consequences of action without international consensus and clear legal authority. On the one hand, is it legitimate for a regional organization to use force without a UN mandate? On the other, is it permissible to let gross and systematic violations of human rights, with grave humanitarian consequences, continue unchecked?'. (...) This book is a comprehensive, integrated discussion of 'the dilemma' of humanitarian intervention. Written by leading analysts of international politics, ethics, and law, it seeks, among other things, to identify strategies that may, if not resolve, at least reduce the current tension between human rights and state sovereignty. This volume is an invaluable contribution to the debate on all aspects of this vital global issue. (shrink)

The Human Organ Transplantation Act came into officially force in Bangladesh on April 13, 1999, allowing organ donations from both living and brain-dead donors. The Act was amended by the Parliament on January 8, 2018, with the changes coming into effect shortly afterwards on January 28. The Act was revised to extend a living donor pool from close relatives to include certain other relatives such as grandparents, grandchildren, and first cousins. The Act was also revised to allow individuals to prioritize (...) family members in receiving their organs after their death. The aim of this paper is not to carry out an ethical analysis of the Act as a whole but only to focus on aspects relating to priority access for family members to organs. Despite Islam encouraging Muslims to be sympathetic, and to save the life of any member of humankind, saving the life of a relative through organ donation is even more highly valued. The collective and extended structure of the family impacts on the provisions of the Act that only allows Bangladeshis to legally donate their organs to save the lives of relatives and allows individuals to prioritize family members. Recent progress in the practice of organ transplantation raises a number of ethical dilemmas around the allocation of available organs in the context of organ scarcity. A key purpose of introducing incentive into the system of organ allocation is to increase the number of donations from living relatives and initiation of vital organ donations from brain-dead donors. However, allocation criteria based on a living organ donation incentive system would appear to be unethical because there is no provision in the Act with regard to financial compensation for a distant relative donor’s post-operative care in the absence of healthcare coverage. Receiving organs from a distant relative without giving financial compensation for post-operative care places them in a grave health condition and violates the biomedical principle of non-maleficence. An incentive system around brain-dead donors would appear to be ethical as the amended Act allows individuals to prioritize relatives in receiving their organs after death. This provision is intended to initiate the transplantation of vital organs from brain-dead donors as families might bear the cost of keeping the organs alive for transplantation. Regular reassessment of the impact of the Act is necessary to maximize the donation rate of transplantable organs using ethical means. (shrink)

This paper explores the theoretical basis of the third party’s duty of justice as to grave human rights violations, presenting role obligations as the best complement to the literature. It begins with discussions on agents of justice in duty-based theories, notably O’Neill’s account on global justice, and rights-based theories, which are both included in the institution-centred perspective. I claim that these studies have failed to consider an individual duty bearer’s motive, autonomous reasoning and integrity in relation to justice, all (...) of which constitute serious lacunae for the effective accomplishment of responsibility. To supplement, I introduce the distinction between responsibility and commitment, and acknowledge that combining the two is the desirable condition for recognising the duty of justice. Finally, I argue that the role obligations undertaken through personal acceptance of an institution-based role or a commitment-based role related to human rights norms adequately explain third parties’ duty to protect others from serious harm. (shrink)

Though whistleblowing is quickly becoming an accepted means of addressing wrongdoing, whistleblower protection laws and the relevant case law are either awkwardly silent, unclear or mutually inconsistent concerning public disclosures of classified government information. I remedy this problem by first arguing that such disclosures constitute a pro tanto wrong as they violate (1) promissory obligations, (2) role obligations and (3) the obligation to respect the democratic allocation of power. However, they may be justified if (1) the information disclosed concerns (...) class='Hi'>grave government wrongdoing, (2) alternative channels of disclosure are first exhausted and (3) steps are taken to minimize harm. (shrink)

This paper analyzes how Transitional Justice mechanisms might be deployed to redress injustices resulting from the perpetration of ecocide. It develops the notion of ecocide as social deathas a class of environmental harms severe enough to trigger a Transitional Justice response. If a state authorizes ecological destruction in a way that demonstrates wanton disregard for the cultures intimately connected to those ecosystems, then it has violated core liberal principles of respect for pluralism. Transitional Justice can be effectively utilized in overcoming (...) these harms to transform societies from ones that tolerate grave forms of environmental destruction to eco-friendly states that further environmentalist aims. This paper explores how the four kinds of transitional justice mechanisms can aid in abating and mitigating environmental problems: (1) punitive justice mechanisms (criminal trials, lustration, and sanctions); (2) reparative justice mechanisms(reparations, rehabilitation, memorialization, apologies, and guarantees of non-repetition); (3) truth-oriented mechanisms(truth commissions, reports, and education programs); and (4) institutional reform mechanisms(changing laws and amending constitutions). (shrink)

In her book A Duty to Resist, Candice Delmas defends the view that we are not only permitted to disobey gravely unjust laws, but we may have a duty to do so. Moreover, not only civil but also uncivil disobedience may be justified in such cases. To justify both claims she argues that the same principles that justify a duty to obey the law—such as the principle of fairness, Samaritan duty, and associative obligations—also justify a duty to disobey the law. (...) The problem with this argumentative strategy is that it amounts to an attempt to derive the duty to disobey gravely unjust laws (or to resist them) from less stringent duties than the ones that can plausibly ground it. Against this strategy, I argue that the focus on laws that violate fundamental rights is what does all the normative work for justifying the duty to disobey/resist such laws, and the appeal to weaker principles is not only superfluous but also misleading. It has negative consequences for our understanding of what is owed to victims, in virtue of what, and by whom. (shrink)

Sidonius Apollinaris’ Epist. 3.12 tells how one day, while leaving Lyons, he caught a couple of gravediggers about to violate his grandfather Apollinaris’ grave, which had become unrecognizable over time. He instructs the addressee, his nephew Secundus, to restore the tomb mound and provide it with a stone for which he attaches the text. Whereas this letter is usually interpreted as a piece of self-promotion by the author for his filial piety and expert storytelling, this article suggests that there (...) is a significant subtext to be found in Lucan's Pharsalia which makes the letter first and foremost a rehabilitation of Apollinaris while strongly suggesting that the latter was executed. There follow some rather more tentative thoughts trying to grasp the precise critical moment in time for this rehabilitation. It is argued that this could be Sidonius’ departure for Clermont, in 469/470 to take on the episcopate, after his term as City Prefect of Rome and a stay in Lyons with Bishop Patiens. The letter is aimed at bolstering family cohesion in the conflict of interests between Auvergne and Provence and at securing Sidonius’ position as incumbent bishop. (shrink)

The world today is facing unprecedented challenges of governance far beyond what the United Nations, established more than 70 years ago, was designed to face. The grave effects of global climate change are already manifesting themselves, requiring rapid, far-reaching and unprecedented changes in all aspects of society if we are to arrest catastrophic and probably irreversible consequences. Science has uncovered the frightening and rapid collapse in global biodiversity, threatening ecosystems across the planet that maintain the correct functioning of the (...) biosphere, upon which we rely for survival. But there is more; there are other global catastrophic risks. We live in a world in which a diminished faith in our political leaders and governmental structures, public disillusionment with partisan politics and a willingness to believe populist promises, disturbing trends in income inequality, human rights violations and the spread of corruption have coincided with the rise of autocratic leaders, often intent on awakening the voices of nationalisms which have been so destructive during the 20th century. The rejection by some nations of the benefits of multilaterism and international cooperation, which have been at the center of the postwar global order, has heightened the risks of fundamental instabilities that could precipitate a range of major crises, disregarding the lessons of the past. (shrink)

Russia’s war against Ukraine has grave consequences in several political categories. These include: a reassessment of the school of ‘political realism’, one of whose proponents claims to have predicted the war. Was the West partly ‘responsible’ for the war? Second, to what extent does the war of aggression, as an undeniable violation of law, damage the status of international law and justice? Third, the war is embedded in political developments that stretch back a century. It is examined in (...) its context within American foreign policy since the Wilsonian peace programme, in relation to the dangerous reluctance of the EU to pursue a decisive geopolitical policy towards Russia, and interpreted in the light of Stalinist echoes within Russian politics. (shrink)

This article is intended as a response rather than counterpoint to Bennett's careful argument that amnesty cannot amount to an act of collective forgiveness. I agree that a state cannot forgive perpetrators of grave human rights violations. However, I am concerned that conceiving the question of amnesty strictly in terms of a choice between the Art of Compromise or the Hard Line of retribution may unduly limit our understanding of the potential relation between amnesty and forgiveness in politics. To (...) show this, I consider the question of amnesty in relation to the possibility of forgiving those ordinary citizens implicated in the perpetration of wrongs as bystanders and beneficiaries of an unjust regime. Following Arendt, I argue that political grounds for forgiveness in such circumstances are the frailty of the world and the natality of the other . On this account, forgiveness is not necessarily the final term in a process of reconciliation that restores a wrongdoer to the moral community. Rather, the disposition to forgive makes possible a politics in which members of a divided polity contest each other's understandings of the violence of the past and its significance for their political association. (shrink)

At present universities are devoted to the acquisition of specialized knowledge and technological know-how. They fail to do what they most need to do: help the public acquire a good understanding of what our problems are, what needs to be done to solve them. Universities do not even conceive of their task in that way. The result is that the public, by and large, fails to appreciate just how serious the problems that face us are, and so fails to put (...) pressure on governments to act in the ways that are required. -/- Modern science and technology make possible modern industry and agriculture, modern power production and travel, modern hygiene and medicine, modern armaments: these in turn have led to much that is of great benefit, but also to the global problems that threaten our future. Science divorced from the capacity to solve problems of living wisely is a disaster. It is that disaster that academia, as at present constituted, is designed to produce – and has produced: the modern world. We have to learn how to solve the grave global problems that confront us. That in turn requires that our institutions of learning – our schools and universities – are designed and devoted to the job. At present they are not. In giving priority to the pursuit of knowledge, they fail to do what most needs to be done and, even worse, are the source of our problems. It is absolutely vital, for the future of humanity, that universities are transformed radically so that they give absolute priority to the all-important task of helping the public come to understand what our problems are, and what we need to do about them. And as a result get governments to act. -/- The book demonstrates that universities as at present constituted violate reason and, as a result, betray humanity. Cure universities of their structural irrationality, and they would come actively to promote actions required to solve global problems, and help humanity make progress toward a better world. The book spells out in detail the changes that need to be made to academic inquiry, why they need to be made, and how they would enable universities to empower humanity to solve current global problems. (shrink)

The world today is facing unprecedented challenges of governance far beyond what the United Nations, established more than 70 years ago, was designed to face. The grave effects of global climate change are already manifesting themselves, requiring rapid, far-reaching and unprecedented changes in all aspects of society if we are to arrest catastrophic and probably irreversible consequences. Science has uncovered the frightening and rapid collapse in global biodiversity, threatening ecosystems across the planet that maintain the correct functioning of the (...) biosphere, upon which we rely for survival. But there is more; there are other global catastrophic risks. We live in a world in which a diminished faith in our political leaders and governmental structures, public disillusionment with partisan politics and a willingness to believe populist promises, disturbing trends in income inequality, human rights violations and the spread of corruption have coincided with the rise of autocratic leaders, often intent on awakening the voices of nationalisms which have been so destructive during the 20th century. The rejection by some nations of the benefits of multilaterism and international cooperation, which have been at the center of the postwar global order, has heightened the risks of fundamental instabilities that could precipitate a range of major crises, disregarding the lessons of the past. (shrink)

Bad philosophy is responsible for the climate and nature crises, and other global problems too that threaten our future. That sounds mad, but it is true. A philosophy of science, or of theatre or life is a view about what are, or ought to be, the aims and methods of science, theatre or life. It is in this entirely legitimate sense of “philosophy” that bad philosophy is responsible for the crises we face. First, and in a blatantly obvious way, those (...) institutions, organizations, corporations, businesses, endeavours, and activities of humanity that cause the crises and global problems we face, do so because of the aims they pursue (profit perhaps, or power, or heat and light for homes), and the methods adopted in pursuit of those aims – the philosophy in other words, built into the institution, organization, business, human activities, or whatever it may be. It is the philosophy of these institutions, organizations and activities that we need to change to put a stop to, or at least lessen the severity of, the crises we face, the global problems that confront us, above all the climate and nature crises. One institution has an especially crucial role in this respect: our universities. They are dominated in a multitude of ways by a particularly disastrous philosophy, a philosophy of inquiry which may be called knowledge-inquiry. This holds that the basic aim of the university is to acquire and apply knowledge. First, knowledge is to be acquired; once acquired, it can be applied to help solve social problems. But this philosophy of knowledge-inquiry is an intellectual disaster. As a result, universities are, in devastating and almost entirely unrecognized ways, humanitarian disasters too. Judged from the standpoint of helping to promote human welfare, the university shaped by the philosophy of knowledge-inquiry violates THREE of the four most elementary rules of rational problem solving conceivable in a wholesale, structural fashion, and it is this gross, wholesale, structural irrationality of the university, unnoticed by all but a few scientists and scholars, that is in part responsible for the creation of our grave global problems, and our current incapacity to learn how to solve them. The pursuit of knowledge, conducted in universities, within the framework of knowledge-inquiry over the decades and centuries, has produced much of great benefit to humanity. It has made the modern world possible. It has led to modern power production, modern industry and armaments, modern agriculture, modern hygiene and medicine, modern travel and communications, and the internet. But these very successes have also created many of our most serious current global problems: the climate crisis; the destruction of natural habitats, the catastrophic loss of wild life, and impending mass extinction of species (the nature crisis); the lethal character of modern war; the impact on the natural world of the rapid growth of the human population; the menace posed by nuclear weapons; pollution of earth, sea and air; threats to democracy caused in part by the internet and social media. All these grave global problems have been made possible by modern science and technology, pursued largely in universities within the framework of knowledge-inquiry. Nevertheless, it is not science and technology as such that are the problem, but science pursued in a way that is dissociated from a more fundamental task of the university to help humanity resolve conflicts and problems of living in increasingly cooperatively rational ways, so that progress may be made to a better world. Science and technology, pursued within the framework of knowledge-inquiry, create for some of us the power to act, but not the power to act wisely – not the power to learn how to resolve conflicts and problems of living in increasingly cooperatively rational ways. For that, we need our institutions of learning, above all our universities, to take as their primary task to help humanity learn how to do it. In order to do that, the philosophy of inquiry put into practice by universities needs to be dramatically transformed. We urgently need to bring about a revolution in the overall aims and methods of academic inquiry – a revolution in the philosophy of the university, all around the world, wherever possible, so that the basic aim becomes to seek and promote wisdom, construed to be the capacity, active endeavour, and perhaps desire, to realize what is of value in life, for oneself and others, wisdom in this sense including knowledge, understanding and technological know-how, but much else besides, methods being dramatically modified too so as to help achieve the new academic aim. The basic task of the university would be, not to solve problems of knowledge, but rather to help people in the social world beyond the university to resolve conflicts and problems of living so that what is of value in life may be realized by everyone, insofar as that is possible. The pursuit of knowledge would be vital, but not intellectually fundamental. The intellectual and institutional revolution we so urgently need in our universities would affect every discipline and aspect of the university; it would dramatically affect both research and education, and the whole way the university is related to the rest of the social world. The revolution, from knowledge-inquiry to wisdom-inquiry would dramatically enhance the intellectual integrity and rationality of natural science, social inquiry, the humanities and technology, the character of these disciplines and the relationships they have with one another. University education throughout the university would be dramatically improved. And academic inquiry as a whole would do what, on the whole, it fails to do at present: it would help humanity resolve conflicts and problems of living in increasingly cooperatively rational and, as a result, increasingly successful ways, progress at last being made to a genuinely good, civilized world – a world in which there is peace, justice, liberal democracy, individual freedom, education, reasonable equality, sustainable prosperity and worthwhile opportunities in life, all of these for everyone, insofar as this is possible. Why, it may be asked, has academic philosophy not noticed that we urgently need to transform the current bad philosophy of inquiry of knowledge-inquiry into the far more intellectually rigorous and humanly valuable philosophy of wisdom-inquiry, so that we can begin to do what so far we have failed to do so lamentably: learn how to avoid impending disasters, and even make progress to a better world, something that seems at present almost unthinkable given the horrors of war, poverty, political enslavement of the 20th century, and the horrors of this century so far too? The answer is that academic philosophy is in a particularly pitiful state, as philosophers themselves, are just beginning to realize and lament. That is why academic philosophers are blind to the intellectual and humanitarian disaster of the bad philosophy that dominates universities today, and inconceivable to them to them that they might have, as a disciplinary task, to ensure academic inquiry implements a good philosophy of inquiry, and advocate and argue for change if it does not. Once upon a time, in Europe at least, philosophy was an intellectual power in the world. In the 17th century it created modern science which massively increased and improved our knowledge and understanding of the world, which in turn led to the Enlightenment, the industrial revolution, and the modern world. Philosophy was once so intellectually powerful and influential that it changed the course of history. But philosophy also made in the past three disastrous intellectual blunders: the post-Cartesian blunder, the post-Newtonian blunder, and the Enlightenment blunder. Never acknowledged and corrected by subsequent philosophy right down to the present, these unrecognized intellectual blunders rendered academic philosophy the esoteric, pathetic, and powerless discipline it is today, so that throughout the last century and, so far, throughout this one, academic philosophy has remained blind to the intellectual disaster of knowledge-inquiry, and thus failed entirely to take up its proper disciplinary task of warning fellow academics of the structural irrationality of the philosophy that prevails in the university, and of proposing what steps need to be taken to put things right. Instead of performing such an urgently needed philosophical task, so-called analytic philosophy was reduced to analysing the meaning of words. Since then, there has been hardly any discernible improvement, even if analysis of concepts no longer dominates the scene. Bad academic philosophy is indeed responsible for intellectual and humanitarian failures of the university. What the three past intellectual blunders of philosophy are, why their persistence so dramatically reduces academic philosophy to a triviality, and why, furthermore, this results in the failure of scientists and scholars to see what is so blatantly bad about the philosophy prevailing in universities around the world – the failure to see what so urgently needs to be done to put right what has been wrong for so long: all this is made clear in this book. A new kind of philosophy emerges during the course of the argument, critical fundamentalism, which has as its task to keep alive imaginative and critical – that is rational – thinking about our fundamental problem: How can our human world, the world we experience and live in – the world of living things, people, consciousness, free will, meaning and value – how can all of this exist and best flourish embedded as it is in the physical universe? That problem encompasses all others of life, science and thought. Critical fundamentalism tries to improve answers to aspects of this problem; but it also seeks to encourage everyone to think about the problem, from time to time, and think about how it interacts, in both directions, with more urgent particular and specialized problems of life and thought. Critical fundamentalism sets out to help improve bad philosophy wherever it is to be found: in social, political, commercial, legal, financial, and international life; and especially in academia, in institutions of learning, so that they become devoted to enhancing the capacity of people to learn how to achieve what is of genuine value in this brief life of a few decades if we are fortunate. Critical fundamentalism does everything it can to bring about the revolution in our universities we so urgently need. If taken up by mainstream philosophy, it might really have an impact, and begin to transform universities for the better, in both intellectual and humanitarian terms, and thus, enable humanity to learn how, after the grim failures and horrors of the last century and this one, to make progress to a better world. -/- . (shrink)

attempt to justify the State, or at least a minimal State confined to the functions of protection. Beginning with a free-market anarchist state of nature, Nozick portrays the State as emerging, by an invisible hand process that violates no one’s rights, first as a dominant protective agency, then to an "ultra-minimal state," and then finally to a minimal state. Before embarking on a detailed critique of the various Nozickian stages, let us consider several grave fallacies in Nozick’s conception itself, (...) each of which would in itself be sufficient.. (shrink)

The privacy of the dead might be thought to be violated by, for instance, the disinterment for research purposes of human physical remains or the posthumous revelation of embarrassing facts about people's private lives. But are there any moral rights to privacy which extend beyond the grave? Although this notion can be challenged on the ground that death marks the end of the personal subject, with the consequent extinction of her interests, I argue that a right to privacy belongs (...) to deceased persons in virtue of their moral status while alive and reflects their interest in the preservation of their dignity. The paper investigates what prima-facie privacy rights and interests may plausibly be ascribed to the dead and why these need to be taken seriously by those, such as archaeologists or biographers, who have "dealings with the dead.". (shrink)

One of the justifications offered by European imperial powers for the violent conquest, subjection, and, often, slaughter of indigenous peoples in past centuries was those peoples’ violation of a duty of hospitality. Today, many of these same powers—including European Union member states and former settler colonies such as the United States and Australia—take increasingly extreme measures to avoid granting hospitality to refugees and asylum seekers. Put plainly, whereas the powerful once demanded hospitality from the vulnerable, they now deny it (...) to them. This essay examines this hypocritical inhospitality of former centers of empire and former settler colonies and concludes that, given that certain states accrued vast wealth and territory from the European colonial project, which they justified in part by appeals to a duty of hospitality, these states are bound now to extend hospitality to vulnerable outsiders not simply as a matter of charity, but as justice and restitution for grave historical wrongs. (shrink)

The international law regulating resort to armed force, still known by the Latin phrase, the jus ad bellum, forms a principal substantive subfield of international law, along with human rights law, international environmental law, and international economic law. Among theologians, philosophers, and political scientists, just war theory is a major topic of study. Nevertheless, only a minority of scholars and practitioners know both jus ad bellum and just war theory well. Lack of knowledge has led to the erroneous view that (...) the two areas are in conflict. This article responds to this misapprehension, explaining the deep compatibility of international law and just war theory. Today's jus ad bellum, especially the peremptory norm against aggression, is not only the law; it also forms the minimum threshold of a just war under just war theory. In other words, for a war to be morally just, it must at least be lawful. To go to war in violation of the jus ad bellum is both a legal and a moral wrong. Compliance not only fulfills the general moral good of obedience to law; it forms the first step toward fulfilling moral obligations in the grave area of war. This characterization of the relationship between law and morality is seen in the history of the legal prohibition on force and in the actual set of rules that make up the contemporary regime. Comprehensive and persuasive accounts of the jus ad bellum and just war theory consistently reflect this thesis. (shrink)

Basedon several official pronouncements of the leading organs of the German Evangelical Church in the past decade on the ethical and internationallegal implications of the use of force either as collective action under the authority ofthe United Nations or by individual states, the article critically reviews the positions taken by the Church with regard to their consistency over time. In the early 1990s the Council of the German Evangelical Church clearly stated that peaceful means of conflict resolution generally take priority (...) over forceful means. However, in particular circumstances the use of force as ultima ratio cannot be ruled out. Recently, under the impact of the Iraq crisis, the positions taken were less strict. Due to a lack of a clear distinction between unilateral uses of force and enforcement action by the United Nations it remains unclear whether the Church still unequivocally holds on to its earlier ultima ratio stance. The paper argues that in view of the new challenges posed by global terrorism all social and political forces, including the churches, have to support the United Nations as the central institution for the maintenance of international peace and security which- inter aliis- requires the acceptance of the UN's competence to use enforcement measures in cases of grave breaches of peace including massive human rights violations as ethically and legally legitimate, provided the UN itself stays within the Iimits of the law. (shrink)

Petroleum extraction in the Amazon rain forest has left grave human rights violations in its wake, creating myriad ethics and sustainability challenges. Framing sustainability ethics in terms of collective responsibility, there are four conceptions of responsibility: aggregated complicit individual responsibility, the responsibility of a unitary corporate person, a social connection model of shared responsibility, and universal social responsibility. Each conception of collective responsibility expands the scope of responsible actors, from selective stakeholders, to institutions, to systems, and finally to all (...) parties. Only universal social responsibility is sufficiently comprehensive to encompass all actors responsible for environmental problems such as the Amazon crisis. Moreover, its proponents take a spiritual turn that emphasizes compassion with and a sense of solidarity requisite for motivating activism. Universal social responsibility has the greatest potential to stimulate a paradigm shift that could lead to improved solutions to sustainability challenges. Ultimately, environmental activism needs to be rooted in love. (shrink)

There are internationally set criteria that apply in the case of a legacy of grave and systematic violations of human rights, generating obligations of the state towards the victims and society. They specify: a right of the victim to see justice done, a right to know the truth, an entitlement to compensation and nonmonetary forms of restitution, as well as a right to reorganized and accountable institutions. Facing the complete failure of implementing the first three points, one can claim (...) that none of them has been fulfilled in Hungary since the fall of Communism, almost one quarter of a century ago. This paper analyses the context in which constitutional adjudication may confront certainty of law with the very idea of justice by putting an end to any progress of leaving the legacy of Communism behind. As a consequence, the Rule of Law becomes a mere simulacrum. (shrink)

In World War II, however, that lonely masculine authority of experience—the bitter authority derived from direct exposure to violence, injury, and mechanized terror—was rapidly dispersing among generally populations. Graves, notes, with some discomfort, that the Second World War soldier “cannot even feel that his rendezvous with death is more certain than that of his Aunt Fanny, the firewatcher.”5 American culture was, obviously, characterized by far greater disjunctions between male and female “experience” of war than the British blitz society Graves describes, (...) and the modern tradition of soldier poetry, with its ironic emphasis on unmendable gaps between the soldier author and the civilian reader, retained its strong influence. Still, public discussions of war and literature in the United States dwell frequently on the new conjunctions between civilians and soldiers, front and home front, and men and women, focusing on their shared morale or effort as well as on their common deprivation and vulnerability.In a war newly perceived as “total,” [Marianne] Moore’s work could exemplify the power of a representative civilian voice. It could also represent modernism provisionally embracing realist and didactic functions, coming round to correcting earlier trends toward self-referentiality. Thus Richard Eberhart, arguing in his introduction to a well-known anthology of war poetry that “the spectator, the contemplator, the opposer of war have their hours with the enemy no less than uniformed combatants,” praises Moore for abandoning the “complacencies of the peignoir” to write “In Distrust of Merits.”6 His phrasing links Moore with another civilian war poet, Wallace Stevens; by dressing Moore in Stevens’ Peignoir in order to show her doffing it, he represents her as a formerly feminine object of desire who has emerged from the coquetries of her sex into a new, superior, gender-free authority Now, Eberhart argues, “the bloodshed of which she writes has caused her to break through the decorative surface of her verse” to a “different kind of utterance.” For Eberhart, the poem’s value lies in its violation of Moore’s usual mannered aestheticism. She “breaks through” a feminine surface, as if puncturing skin, but the result is not a wound but a mouth: a “different kind of utterance,” in which “the meaning has dictated the sincerity.”7 Oscar Williams, in the preface to a comparable anthology, also reads the poem as a model of transparent earnestness, offering it as a solution to the problem of Edna St. Vincent Millay, the “bad” woman war poet who is excoriated in these discussions as often as Moore is extolled. Describing one of Millay’s war poems as “a sentimental piece of verse written by an American civilian, designed to be read by … people themselves out of danger because they are protected by a wall of living young flesh, much of which will be mangled,” Williams contrasts Moore’s “In Distrust of Merits”: But with true poets the poetry is in the pity …I ask the reader to study closely a war poem peculiarly fitted to illustrate my present thesis. It is also written by a woman, a civilian. “In Distrust of Merits,” by Marianne Moore, is the direct communication of honest feeling by one ready to search her own hear to discover the causes of war and accept her full share of responsibility for its effects.8 5. Graves, “The Poets of World War II,” p. 310.6. Richard Eberhart, “Preface: Attitudes to War,” in War and the Poet: An Anthology of Poetry Expressing Man’s Attitudes to War from Ancient Times to the Present, ed. Eberhart and Selden Rodman , pp. xv, xiii.7. Ibid., p. xiii.8. Oscar Williams, ed., The War Poets: An Anthology of the War Poetry of the Twentieth Century , p. 6. Susan Schweik is assistant professor of English at the University of California, Berkeley. She is at work on a book manuscript entitled A Word No Man Can Say for Us: American Women Poets and the Second World War. (shrink)

On 17 February 2008, the province of Kosovo formally declared its independence from Serbia. The most important normative theories of secession*choice theories and just cause theories* appear to justify the creation of a second Albanian state on the Balkans. Kosovo’s independence reflects the will of the vast majority of its inhabitants and can be seen as a remedy for grave human rights violations in the era of Slobodan Milos?evic´. Two problems, however, need to be thoroughly discussed. Firstly, the secession (...) of Kosovo may establish a precedent for other separatist conflicts and contribute to the destabilization of south-east Europe and other world regions. Secondly, the new political authorities in Pristina may not be capable to protect the Serb minority against discrimination and repression. It is argued that both problems give no conclusive reasons to reject Kosovo’s claim for independence. However, some aspects of the secession, for instance the maintenance of the provincial borders, are considered to be illegitimate. Keywords: drawing of borders; independence; majority decision; minority protection; primary right theories; remedial right theories; self-determination; sovereignty; territorial integrity Citation: Ethics & Global Politics, Vol. 3, No. 2, 2010, pp. 123-142. DOI: 10.3402/egp.v3i2.1983. (shrink)

Suppose we agree to reject the view that privacy has narrow scope and consequently is irrelevant to the constitutional privacy cases. We then have (at least) these two options: (1) We might further emphasize and draw out similarities between tort and constitutional privacy claims in order to develop a notion of privacy fundamental to informational and Fourth Amendment privacy concerns as well as the constitutional cases. We can cite examples indicating this is a promising position. Consider consenting homosexuality conducted in (...) one's home, for instance. We view it as a private matter, whether the state is seeking to regulate the behavior, or if others are attempting to gain or exploit information about it. I believe basic conceptual similarities between tort and constitutional interests can be identified by showing that there is a range of similar reasons for protecting both tort and constitutional privacy concerns. We might worry, however, that a comprehensive concept of privacy may be too general to be very useful, given that privacy violations can be so diverse, and can arise, for example, from misuse of confidential information, from conduct that is intrusive even if no information is gained or disclosed, from disturbance of an intimate relationship, or from disruption of various other important aspects of one's life.(2) We could concede that whatever “privacy” means in the tort and Fourth Amendment cases, it means something different in the constitutional cases. Nevertheless, we might take that “something else” seriously as a distinct but legitimate use of the term which is not “spurious” but is reflected in our ordinary language. This appears to me to be a fruitful alternative. After all, contrary to Henkin's view that tort privacy is “what most people mean by privacy,” the term is often used in contexts beyond informational privacy and clearly related to the interests at stake in the constitutional cases. Thus, for example, in a pamphlet explaining how to protect children by teaching them how to say “No!” to strangers without making them paranoid or antisocial, parents and teachers are told, Children have a right to privacy. Teach it. Reinforce it. One of the ways to help children prevent sexual assault is to encourage them to develop a sense of physical integrity. A sense that they have a right to their own body space and privacy. Just as we allow them to close the door when they use the bathroom, we must allow them to say no to any unwanted physical affection and touch. Flora Calao and Tamar Hosansky, “The Key to Having Fun is Being Safe: Teaching Personal Safety to Children,” The Safety and Fitness Exchange, 1123 Broadway, N.Y., N.Y. 10010. Unfortunately, the most obvious starting point for identifying the sense of private relevant to the constitutional cases is extremely worrisome. The Court itself has said ... only personal rights that can be deemed “fundamental”...are included in this guarantee of personal privacy...the right has some extension to activities relating to marriage...procreation...contraception...family relationships... and child rearing and education.Roe v. Wade, 410 U.S. 113 (1973).The difficulty, of course, is that little more is offered by way of explanation of which rights are “personal” or “fundamental” or both. Focusing on marriage makes Roe v. Wade difficult to understand given that Ms. Roe was unmarried, and attending only to family issues does not help us make sense of the Stanley case protecting one's right to view pornography in one's home. It is perhaps more problematic that decisions such as what color shoes to wear are reasonably viewed as personal, yet are far from fundamental enough to warrant protection. And regulations governing the draft and employment, for example, are not viewed as privacy invasions although they might be said to interfere with matters of one's life that are both fundamental and personal in the vague sense described.Before we give up in frustration, however, I would urge that we recall that even in tort law the notion of privacy has been evolving through a constellation of judgments. Although there is no fixed way of using the term which we then proceed to analyze, the concept of privacy has not in those cases been taken to be meaningless or empty. Similarly, there is reason to believe that the scope of a “personal and fundamental” notion of privacy relevant to the constitutional cases can be further delineated through a consideration of cases, especially since it seems to me that in many cases application of the term is clear and unproblematic. A decision to have a vasectomy, for example, can uncontroversially be said to be a personal and fundamental one, and it is in that sense private. We fail to acknowledge the personal significance in an individual's life of forcing or refusing him the operation if we deny that this important sense of privacy is relevant to such a decision merely because an interest in determining for oneself what one ought to do is also at risk.Of course, once it is settled that something is a private matter, it is a separate issue to decide whether or not, in some social context, an invasion of it can be justified. Thus, I would claim, a mandatory sterilization program for male recidivists or for those in a country suffering grave poverty and overpopulation does invade privacy, and the social or legal question is whether or not the invasion can, in the particular circumstances, be justified. Although all will agree that both individual and social interests must be balanced by moral philosophers as well as the courts, in conflicts we will not always agree on the weight to be accorded individual claims.I have not provided a constitutional defense for citing privacy as one right at stake in the constitutional privacy cases. Nor have I attempted to enter the debate about how strictly to interpret the Constitution. But if I am correct, then we can agree there is an important interest in privacy at issue in those cases without merely conflating privacy and autonomy or liberty, and can continue the process of marking out its boundaries. If we reach such agreement, we will have made considerable progress. Moreover, the implications of this view are significant. Current constitutional standards, controversial though they may be, require “strict scrutiny” for cases concerning “fundamental values,” and privacy has been judged to be one such value. Thus these privacy claims have a greater chance of being protected when they conflict with other rights or general interests than they would have if only liberty, or freedom from governmental interference, were involved. (shrink)

How can respect for cultural and religious differences be reconciled with the conviction that everyone has basic human rights that must be secured? Should liberal states require that non-liberal states secure human rights, and can they do so without being intolerant and oppressive? Is there a human right to democracy, and should a liberal hold that all states must become modern liberal democracies and may be pressured to reform their traditional practices and institutions? Do human rights include only the classical (...) liberal civil and political rights, and no economic rights? ;In this dissertation I defend a conception of human rights derived from John Rawls's Political Liberalism, which comprises both Justice as Fairness, the view he presented in A Theory of Justice , and the Law of Peoples, the view he presented in The Law of Peoples . According to this conception, human rights are binding on all societies, and cannot be rejected as peculiarly liberal or politically parochial. Outlaw states that violate them are to be condemned and may in grave cases be subjected to sanctions or intervention. Moreover, human rights include not only basic civil and political rights but also basic economic rights. However, while there may be a human right to live under a procedurally democratic government, it would not be a basic right but a derivative one. ;The conception of human rights that I here defend is a rational reconstruction of Rawls's view. In Chapters 1--3 I argue against the most natural interpretation of The Law of Peoples, defend a different interpretation, and expose and bridge a logical gap in that text. I then develop new responses to objections by Charles Beitz and Thomas Pogge, who hold that liberals who endorse Justice as Fairness must reject the Law of Peoples as insufficiently egalitarian. I also respond to the additional objection that the set of human rights cannot include economic rights. As I show, endorsing Justice as Fairness requires endorsing the Law of Peoples, and public reason can reconcile respect for cultural and religious differences with the conviction that everyone has basic human rights that must be secured. (shrink)

Petroleum extraction in the Amazon rain forest has left grave human rights violations in its wake, creating myriad ethics and sustainability challenges. Framing sustainability ethics in terms of collective responsibility, there are four conceptions of responsibility: aggregated complicit individual responsibility, the responsibility of a unitary corporate person, a social connection model of shared responsibility, and universal social responsibility. Each conception of collective responsibility expands the scope of responsible actors, from selective stakeholders, to institutions, to systems, and finally to all (...) parties. Only universal social responsibility is sufficiently comprehensive to encompass all actors responsible for environmental problems such as the Amazon crisis. Moreover, its proponents take a spiritual turn that emphasizes compassion with and a sense of solidarity requisite for motivating activism. Universal social responsibility has the greatest potential to stimulate a paradigm shift that could lead to improved solutions to sustainability challenges. Ultimately, environmental activism needs to be rooted in love. (shrink)

Binary judgement on under-informative utterances is the most widely used methodology to test children’s ability to generate implicatures. Accepting under-informative utterances is considered a failure to generate implicatures. We present off-line and reaction time evidence for the Pragmatic Tolerance Hypothesis, according to which some children who accept under-informative utterances are in fact competent with implicature but do not consider pragmatic violations grave enough to reject the critical utterance. Seventy-five Dutch-speaking four to nine-year-olds completed a binary and a ternary judgement (...) task. Half of the children who accepted an utterance in Experiment A penalised it in Experiment B. Reaction times revealed that these children experienced a slow-down in the critical utterances in Experiment A, suggesting that they detected the pragmatic violation even though they did not reject it. We propose that binary judgement tasks systematically underestimate children’s competence with pragmatics. (shrink)

Qutayba ibn Muslim al-Bāhilī is one of the leading soldier-bureaucrats of the Umayyads period. During the time he served as the governor of Khurāsān, he consolidated the Umayyad’s rule in Tokharistan and Transoxiana provinces, and expanded the borders of the state to China by conquering the Kashgar region. His activities for conversion of the people of the conquered regions have great importance in the history of Islam since the intense relations of the Turkish people with Islam fell upon the time (...) of his governorship. It is possible to argue that by introducing the religion to these people Qutayba had played an important role in their conversion to Islam. It is also known that he had sent a delegation to the emperor of China for the same purpose. However, despite all his achievements, it is seen that the academic studies about Qutayba in our country are very rare. Besides, some of the recent studies about him claim that he was a fraud, a trickster, and an untrustworthy person in his military activities; and had committed mass murders and massacres, persecuted innocent people, destroyed and burned the cities of conquered lands. In this article, it is examined that whether these claims and accusations have their justifications or not by consulting the main sources. In fact, what is expected from constructive criticism in this subject and every other area is to clarify the matter and make it more comprehensible of its context. However, it should not be forgotten that some conclusions over Qutayba in these studies might have been drawn to quickly in order to manipulate the conquest movements of the Umayyad period.Summary: The religious interaction and change taken place in the Arabian Peninsula with the emergence of Islam and with the political, military and cultural activities of the Muslims performed during the periods of Prophet Muhammad and the Rāshidūn (rightly guided) Caliphs had significant effects upon the lands of Iraq, Syria, Egypt and Khurāsān where the ancient civilizations located.The success made by the Muslim-Arabs in such a short time is accepted of course as one of the important events of world history. The message of Islam spread rapidly with their extraordinary efforts, and reached quickly in the early days of Islam to the Amu Darya/Oxus River, which is considered to be the natural border between the Iranians and the Turks (Iran and Turan).Although the Turks who had been struggling to dominate the region for centuries gained an opportunity with the disappearance of the Sasanian Empire from history, they could not take advantage of this new situation because of their lack of political unity and a strong state, and the power held by the regional Turkish Sultans were not enough to make their dominance happen. In this conjuncture, the Muslim-Arabs who appeared in the stage of history in a relatively late period but had the ideal of being a regional and a global power had rapidly realised their political and military activities called “conquest” in the Islamic historical sources. When it comes to the period of Caliph ʿUthmān, it is seen that the conditions were very suitable for passing to the east of the Oxus River where the Turkish elements lived intensively. At the time, the absence of a strong Turkish state in the region, and China’s occupation with its own internal problems made an important contribution for the Muslim-Arab capture of the region. In this region, which is called as “Transoxiana” in the Arabic sources, it is seen that the Turks organized their political structures as city-states and regional sultanates. In the north-eastern parts of this region, there was a strong Turkish State called the Turgish State and it provided political and military support to the people of the region who rebelled occasionally the Umayyads.After solving the internal problems of the state largely and suppressing some dangerous revolts, the Umayyad Caliph ʿAbd al-Malik ibn Marwān became capable of initiating military activities beyond the borders of the state. Nevertheless, the period when the actual conquests were made was the period of his son Walīd (86/705-96/715). It is seen that the conquests made in his time were permanent, and the people who lived in the conquered lands accepted Islam to a large extent. The conquest made during Walīd’s time which extended from Kashgar to the Pyrenees, realised at an unprecedented pace. The most important name for the eastern side of the conquests is undoubtedly Al-Ḥajjāj ibn Yūsuf. Ḥajjāj (75/694-95/714) who acted as the supreme governor of Iraq for nearly twenty years, had achieved important successes in the regions of Transoxiana and Sindh located in the eastern part of the country by the hands of his appointed governors. However, many governors appointed by him to Khurāsān from 75/694 to 86/705 with the hope of reaching his goals in the east could not meet his expectations because of the political, social and economic problems that existed throughout the country, and because of the resulting rebellions in the regions that these problems caused.These unwanted conditions continued to be seen in the region until he appointed Qutayba ibn Muslim as the governor of Khurāsān (86 / 705-96 / 715) who was one of the young commanders and administrators educated by Ḥajjāj personally. Qutayba known as having a close relationship with Ḥajjāj and consulting him when taking important decisions acted in this direction throughout the time he stayed in this position.It is known that the internal conflicts in the region continued during the time when Qutayba was appointed as the governor of Khurāsān. However, he had brought together northern and southern Arabian tribes living in the region with religious, political and economical suggestions and had succeeded in persuading them for military activities that he decided to operate beyond the Oxus. For the Umayyads, these military operations were justified, because the regional sultans who ruled in the western and eastern sides of the Oxus repeatedly violated the agreements they had made before. The tendency of the people of Turkic, Iranian, and Tajik origin who were the real owner of these lands and lived in both sides of the rich Oxus basin for many centuries to violate these agreements was in fact result of a great concern. They now realized that the Muslim-Arabs who followed a systematic settlement policy in the region came to their lands this time without any intention of going back. Even though Qutayba followed a fair and reasonable policy towards them, they violated their agreements with him, formed alliances among themselves and waged military campaigns against Qutayba not to be the subjects of any change in their religion, worldview, and perception of existence.Qutayba, who is believed to have spent his its utmost efforts to make the religion of Islam and the Umayyad political cause permanent in the region under these unfavourable conditions, has been recently criticized by some researchers. The criticisms intensify around the claims that he persecuted people, committed massacres, and behaved unfaithfully by breaking his promises that he made with people. From the perspective of our own times, it is possible to think that sometimes he had taken extreme measures in punishing the sultans and the persons who raised armed struggles against him and caused riots by violating the agreements. However, when the period is compared with the others, it can be easily said that the Umayyads showed in these and other remote areas a considerable amount of tolerance that they had never shown it in their internal conflicts. It is a known fact that he generally clashed with the ones who disrupted agreements, sought help from external forces, established alliances against them, and refused to pay taxes. Based on historical sources, it does not seem to be possible to say that while doing these activities in the region, Qutabya did not behave entirely in a way that his behaviour could be classified as massacres committed against innocent civilians. On the contrary, it is known that Qutayba had given many chances to the people of the region in administrative and military affairs. As a matter of fact, he ruled the city of Bukhara for 20 years with a Turkish ruler whom he appointed and supported, and he included in his army a union of twenty thousand cosmopolitan soldiers assembled from the people of Bukhara, Baykend, Chach and Samarkand and paid a regular salary to them.The fact that his grave known as the “Imam Shaykh Qutayba Tomb” was turned later into a shrine and visited by the people even today despite the passage of long centuries after his death shows that he has been loved by the people of the region and that they have always considered him as a conqueror-bureaucrat who spent his life for the ideals of his religion. (shrink)

Abstract In the last 20 years the ruthless competition for natural resources, political instability, armed conflicts, and the terrorist attacks of 9/11 have paved the way for private military and security companies (PMSCs) to operate in areas which were until recently the preserve of the state. PMSCs, less regulated than the toy industry, commit grave human rights violations with impunity. The United Nations has elaborated an international binding instrument to regulate their activities but the opposition of the U.S., U.K., (...) and other Western governments?and from PMSCs, which prefer self-regulation?have prevented any advancement. (shrink)

We are, as of May 2019, witnessing yet another “caravan” of people fleeing violence in Latin America, bonding together to reach the territory of safer states in the North. Similarly, in the fall of 2015, Europe experienced the movement of many refugees fleeing war, persecution, and grave human rights violations in Syria. These new waves of people on the move have raised anew important questions about asylum and refuge: who should be able to claim asylum? Should the fear of (...) persecution be sufficient, or do asylum seekers need to show that they have actually suffered it? And maybe most controversially, how should asylum‐granting states respond to the plight of those asking for asylum on their territory?The moral principles guiding asylum and refuge are different from the rules usually regulating immigration, which are based on the principle of territorial sovereignty that allows nation‐states to discriminate and select among those who hope to immigrate. Asylum and refuge instead call upon nation‐states to provide refugees with a new home, protect human rights, and over time, provide access to the social, political and civic rights that characterize membership. Included in the list of human rights, I will argue, is the provision of the means for individual physical and psychological well‐being. (shrink)

Many phenomena in the natural world are complex, so scientists study them through simplified and idealised models. Philosophers of science have sought to explain how these models relate to the world. On most accounts, models do not represent the world directly, but through target systems. However, our knowledge of target systems is incomplete. First, what is the process by which target systems come about? Second, what types of entity are they? I argue that the basic conception of target systems, on (...) which other conceptions depend, is as parts of the world. I outline the process of target system specification and show that it is a crucial step in modelling. I also develop an account of target system evaluation, based on aptness. Paying close attention to target system specification and evaluation can help scientists minimise the frequency and extent of mistakes, when they are using models to investigate phenomena in complex real-world systems. (shrink)

How does the complex nature of ecological systems affect ecologists' ability to study them? This Element argues that ecological systems are complex in a rather special way: they are causally heterogeneous. The author presents an updated philosophical account with an optimistic outlook of the methods and status of ecological research.

Prediction is an important aspect of scientific practice, because it helps us to confirm theories and effectively intervene on the systems we are investigating. In ecology, prediction is a controversial topic: even though the number of papers focusing on prediction is constantly increasing, many ecologists believe that the quality of ecological predictions is unacceptably low, in the sense that they are not sufficiently accurate sufficiently often. Moreover, ecologists disagree on how predictions can be improved. On one side are the ‘theory-driven’ (...) ecologists, those who believe that ecology lacks a sufficiently strong theoretical framework. For them, more general theories will yield more accurate predictions. On the other are the ‘applied’ ecologists, whose research is focused on effective interventions on ecological systems. For them, deeper knowledge of the system in question is more important than background theory. The aim of this paper is to provide a philosophical examination of both sides of the debate: as there are strengths and weaknesses in both approaches to prediction, a pluralistic approach is best for the future of predictive ecology. (shrink)