Analyzing the ancient Greek point of view concerning anger, shame and justice and a very modern one, one can see, that anger has a regulative function, but shame does as well. Anger puts the other in his place, thereby regulating hierarchies. Shame regulates the social relations of recognition. And both emotions also have an evaluative function, because anger evaluates a situation with regard to a humiliation; shame, with regard to a misdemeanor. In addition, attention has to be paid to (...) the correct molding of these emotions and the correct ways of using them in rearing to be good or just (i.e., in personality formation. (shrink)

This chapter argues for deregulation of the credit-rating market. Credit-rating agencies are supposed to contribute to the informational needs of investors trading bonds. They provide ratings of debt issued by corporations and governments, as well as of structured debt instruments (e.g. mortgage-backed securities). As many academics, regulators, and commentators have pointed out, the ratings of structured instruments turned out to be highly inaccurate, and, as a result, they have argued for tighter regulation of the industry. This chapter shows, however, (...) that the role of credit-rating agencies in achieving justice in finance is not as great as these commentators believe. It therefore argues instead for deregulation. Since the 1930s, lawgivers have unjustifiably elevated the rating agencies into official, legally binding sources of information concerning credit risk, thereby unjustifiably causing many institutional investors to outsource their epistemic responsibilities, that is, their responsibility to investigate credit risk themselves. (shrink)

The movement of people across borders is one of the most pressing issues of our time. Yet it is still unclear how migration should be regulated to be fair to the sending societies, the host societies and the individual migrant. What is at issue? Are we discussing migration from an ethical or from a political philosophical perspective, or both? Are we discussing migration from a global justice perspective or social justice perspective? Do we consider political legitimacy and democratic (...) self-determination as part of our analysis? How should we balance demands of justice in immigration compared to those of emigration? (shrink)

Educational institutions increasingly rely on digital platforms to deliver content and learning, monitor attendance, communicate with stakeholders, and evaluate institutional performance. Despite the efficiency and accessibility gains they offer, digital platforms are powered by personal data which, through a process of datafication, can be used to track, monitor, and profile staff and students. The insights drawn from this data can be used to shape educational and professional futures. This article examines how datafication has become a social justice issue in (...) education, discussing the implications for well-being, decision-making, governance, and power in education. Using Hintz and colleagues framework for data justice, it applies and explores the three dimensions of data justice to the context of education, including: (1) infrastructures (2) regulation, and (3) informed and knowledgeable stakeholders. The paper discusses the unique challenges to achieving data justice in education and concludes by outlining the key questions for a future research agenda. (shrink)

Recent years have witnessed the rise of digital platforms that allow economic agents to arrange ever more fine-grained contracts. This article zooms in on labour-based platforms that permit the hire of labour in a just-in-time fashion (and are part of the broader trend towards on-demand work). Its principal contribution comes in three parts. First, exposing the frequently overlooked diversity of labour-based platforms, the article proposes to distinguish platform companies, which directly sell services and then purchase the labour needed to provide (...) them, and broker platforms, which act merely as intermediaries. Second, it examines how platforms of each type pose distinct threats to labour justice, thereby extending Daniel Halliday's (2021) analysis. Drawing on empirical studies of the experiences of platform workers, it identifies a power imbalance as the root cause of these threats across all platforms. Finally, the article assesses three strategies to counter these threats: introducing stricter regulation, turning platforms into worker-run co-ops, and improving outside job opportunities. In exploring how each strategy could be implemented for specific platforms, it makes the case for always discussing labour-based platforms with one eye to their specific structural features and the other eye to the broader labour market. (shrink)

The present proposal is an approach to the vision, cosmogony and philosophy of the Totonacapan people, and particularly with the inhabitants of the Totonacapan region in Veracruz Mexico, a town whose wisdom is manifested to this day, in the conservation of customs and traditions , as well as the hierarchy of collective desire that seeks health, well-being and peace in the region, are guides in the evolution of their cultural processes, where a closeness, respectful and deep with Mother Nature stands (...) out. This wisdom by the Council of Elders, transmitted to the new generations, by the Supreme Council of Totonacapan who seek share the basis to understand and conceive the current world, from the ancestral vision and cosmogony to identify their space, thought, spirituality and in the building your social context. In the Totonacapan region, the first pre-hispanic population concentrations were located around 1259 to 1311. Already by the year 1450, there is a record of incursions and the conquest of Totonaca territory, by the Mexica, establishing a relationship of domain and subordination. As a result of the presence of "Mexica" in the Totonaco territory, there was an imposition of customs and language, since in some areas they begin to speak in Nahuatl, resulting in the presence of a bilingualism (Nahuatl-Totonac) , situation that persists, until the encounter with the Spaniards in the year of 1519. At present, the Totonacapan region includes the area that extends from the Cazones River to the north, to the towns of Gutiérrez Zamora and Tecolutla, in the State of Veracruz in Mexico. 2 The importance of the document is that it constitutes an invitation to deepen and understand the vision of the inhabitants of Totonacapan, in the construction of their social context and their connection with nature, as part of an ancient culture, which creates and recreates their vision, in the search for the feeling of belonging and as an inheritance of the children of thunder (Tajin), as well as the need to preserve the benefits that nature itself offers them, seeking a peaceful and harmonious coexistence, in the social and environmental environment. However, the preservation of its history, tradition and philosophy of life, contrast with public policy strategies, particularly in the social sphere, and which are aimed at achieving economic development in the fight against multidimensional poverty and marginalization, all Once they have not incorporated into them, the feeling and living of the relationship between individual and nature, as the guiding axis, of the philosophy of the Totonacapan people. What is sustainability for the people of Totonacapan? What is social justice in the search for sustainability? And what is your concept of justice in sustainability and human development? From the vision and philosophy of the people of Totonacapan, as part of the history and tradition of the children of thunder "Tajin" and in whose worldview, he is responsible for regulating the rain, climate and life of the people of the region. How does the people of Totonacapan live and live in the face of the maelstrom of actions that, from public policy, that seek human development? How do you adjust, your way of life and how do you adapt to the requirements, which from the perspective of justice, are required to contribute to the objectives of the 2030 development agenda? This document is an effort to learn and recognize one of the most important millenary cultures in Mexico, in the construction of a more inclusive vision of the social development of the Totonacapan people, which invites us to reflect on the direction and scope of this response. (shrink)

The ongoing debate on how best to regulate international commercial surrogacy defies consensus, as the most cogent normative and jurisprudential grounds for and against non-altruistic surrogacy remain controversial. This paper contributes to the debate by focusing on social justice issues arising from transnational, moneymaking surrogacy, with a focus on the Global South. It argues that existing theoretical perspectives on balancing interests, rights, privileges, and resources in the context of cross-border surrogacy—such as cosmopolitanism, communitarianism, liberal feminism, radical feminism, and neorealism—are (...) not sufficient to treat the question of justice underpinning transnational surrogacy in the Global South. An Afro-communal theory of social justice is proposed as an alternative model for addressing the shortcomings in existing global justice theories. Building on Thaddeus Metz’s construction of Afro-communal social theory and a bioethic of communion, this article reveals the fundamental nature of injustices in the Global South surrogacy foray. This approach provides prima facie grounds for making commercial surrogacy more just in the evolving global order. (shrink)

: he commercialization of biotechnology, especially research and development by transnational pharmaceutical companies, is already excessive and is increasingly dangerous to distributive justice, human rights, and access of marginal populations to basic human goods. Focusing on gene patenting, this article employs the work of Margaret Jane Radin and others to argue that gene patenting ought to be more highly regulated and that it ought to be regulated with international participation and in view of concerns about solidarity and the common (...) good. The mode of argument called for on this issue is more pragmatic than logical, emphasizing persuasion based on evidence about the reality and effects of control of genetic research by profit-driven biotech companies. (shrink)

This paper examines the figure of the hate-fighting digital vigilante as embodied through Aryan Queen, an online persona developed and depicted by self-proclaimed antifa member Talia Lavin in her book Culture Warlords. One chapter in the 2020 memoir relays Lavin’s pursuits to elicit and make known identifying information of Der Stürmer, an anonymous white supremacist online hater. I first locate Lavin’s undertaking in the porous policy landscape regulating online hate transnationally to make a case for its value as an entry (...) into the navigation of hate on Telegram, a platform that has become a popular enclave for hate, and one that remains otherwise impenetrable to state efforts at formal governance. I then introduce the digital vigilante as a cultural figure that has become increasingly distinguished from, but developed in relation to, the classical or analogue vigilante in academic literature, albeit with only limited attention paid to the seemingly boundless temporality that constitutes the virtual sphere. Attending to processes of temporalization, I argue, can well serve an analysis of the moral universe within which the digital vigilante operates, thereby enabling a critical engagement with the motivations, methods, and intentions of her justice pursuits online. With the support of anthropological theories of temporalization – namely, past presencing, un/doing futures, and affective justice – I show that justice pursuits by way of digital vigilantism for Lavin are entangled with an affective longing for revenge, and manifest a complex intermingling of open wounds from injustices that emerge from and produce entanglements of the past, present, and future. (shrink)

This paper is based on the assumption that the high incomes of some professional sports athletes, such as players in professional leagues in the United States and Europe, pose an ethical problem of social justice. I deal with the questions of what should follow from this evaluation and in which ways those incomes should be regulated. I discuss three different options: a) the idea that the incomes of professional athletes should be limited, b) the idea that they should be (...) vastly taxed by the state, and c) the idea that there is a moral obligation for the athletes to spend portions of their incomes on good causes. I will conclude that in today’s circumstances there are good reasons to advocate both option one (limitation) and option two (taxation), but that priority should be given to taxation. (shrink)

Two recent books consider the future of trade governance.Consent and Tradeproposes reforms to trade agreements so that states can consent more freely to their terms.On Trade Justicedefends reforms to the World Trade Organization, arguing that multilateralism is the foundation for a “new global deal” on trade. Each book describes trade's distinctive features and proposes a principle to regulate both trade and trade governance.Consent and Tradedefends a principle of respect for state consent in trade agreements.On Trade Justiceoffers a theory of trade (...) justice that requires nonexploitation. Consent and nonexploitation are important principles for economic exchanges. However, trade governance and trade itself are different forms of cooperation, with different agents and different interests at stake. Consent and nonexploitation are less compelling as principles for trade governance than for trade itself. Both books understate the conflict between their principles for trade governance and liberal justice. (shrink)

Much of the human research conducted in the United States or by U.S. researchers is regulated by the Common Rule. The Common Rule reflects the decision of 17 federal agencies, including the Department of Health and Human Services, to require that investigators follow the same rules for conducting human research., though there is significant overlap with the Common Rule.) Many of the obligations delineated in the Common Rule can be traced back to the work of the National Commission for the (...) Protection of Human Subjects of Biomedical and Behavioral Research. The National Commission was appointed in 1974 as part of the National Research Act in response to revelations about serious abuses involving human subjects, most notably the Tuskegee/United States Public Health Service Syphilis Study. (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)

This essay examines conceptual difficulties with one of the ways in which justice has been understood and applied the ethical and regulatory review of human research. Justice requires the fair distribution of the benefits and burdens of research. Class membership is seen as justifying inclusion in higher hazard-no benefit research from which members of potentially vulnerable classes, such as children, typically would be excluded. I argue that class membership does not do the justificatory work it is thought to (...) do and that the use of class membership to justify inclusion in higher hazard-no benefit research leads to unjustified discrimination of sick children and offers special protections to healthy children. (shrink)

This book explicitly addresses policy options in a democratic society regarding cognitive enhancement drugs and devices. The book offers an in-depth case by case analysis of existing and emerging cognitive neuroenhancement technologies and canvasses a distinct political neuroethics approach. The author provides an argument on the much debated issue of fairness of cognitive enhancement practices and tackles the tricky issue of how to respect preferences of citizens opposing and those preferring enhancement. The author persuasively argues the necessity of a laws (...) and regulations regarding the use of cognitive enhancers. He also argues that the funds for those who seek cognitive enhancement should be allocated free of charge to the least advantaged. The work argues that the notion of autonomy has been mistakenly associated with the metaphysical concept of free will, and offers a political definition of autonomy to clarify how responsibility is implicitly grounded in the legal and political system. As such, this book is an essential read for everyone interested in neuroethics, and a valuable resource for policy makers, as well as scholars and students in philosophy, law, psychiatry and neuroscience. (shrink)

Purpose. The purpose of the study lies in critical reconstruction of Thomas Hobbes’s social contract theory as an important principle not only of modern political anthropology, but also of modern and postmodern social projects. As well as, in the unfolding of the fundamentally important both for the newest social-philosophical and philosophical-anthropological discourses of the thesis that each individual is the origin of both personal and institutional freedom and justice, making the contract first of all with himself, with his desires (...) and sorrows and then with other people and the state. Theoretical basis. The principle of social contract offered by Hobbes became a new social, methodologically significant and relevant principle of regulation of activity, which indicates essential for the modern political philosophy and the philosophy of law transition from teleological to legal ideas of justice. For an in-depth study of the philosophical and anthropological aspects of Hobbes’s contractualism, we used the historical-comparative and contextualization method, as well as the works of leading native and foreign researchers of Hobbes, who uphold the provisions on the organic affiliation of fundamental socio-philosophical and philosophical-anthropological questions about the nature of man, the relation of coercion, freedom and justice with the discourse of social contract. Originality. On the basis of a consistent analysis of the anthropological component of Hobbes’s theory of social contract, an in-depth understanding of modern contractualism and contemporary discussions in the field of its existential and anthropological component is offered, as well as the thesis that political anthropology is the core of the philosophical anthropology because it makes possible the methodologically important understanding of the basic problems of human existence – the interaction of justice and freedom, self-interest and public good, as well as it quite clearly outlines the ways to overcome the dilemmas of liberalism and communitarianism, individualism and holism. Conclusions. Political anthropology of T. Hobbes constructed in the context of a modern social project, justified the issue of interaction between freedom and justice, which is fundamentally important to nowadays, through the search for such a way of social relations, in which an individual, being in the realm of social existence, would seek to limit his own selfishness and freedom for the sake of the common will of the majority. Thanks to Hobbes, the idea of external humility in disobedience to the inner, of freedom of conscience as a "human and citizen", of an understanding of individual independence, which is not just a permissible but accepted by state power, has been acquired with exceptional theoretical and practical meaning. Thanks to Hobbes’s works, the essence was revealed by the relationship between the cooperative and the conflicted vision of man. (shrink)

The right to conceive and bear children has been protected both in law and in policy. Human society has from its earliest time valued children and defended procreation as a basic right.Modern health technology offers the possibility of conception to the estimated 2.5 million infertile couples who may wish to have children. For these persons, infertility treatment offers the hope of having children, an activity deemed basic and essential in human society.In general, the state has been reluctant to directly interfere (...) in the reproductive decisions of individuals. However, the state may act to increase or reduce access to reproductive services in a variety of ways. For example, recent legislation regulating fertility clinics affects the distribution of assisted reproductive technology in the United States. The purpose of this paper is to describe this legislation, project its probable effects on the distribution of ART services, and analyze these effects based on distributive theories of justice. (shrink)

The focus of this article is on the place of the limited-liability joint stock corporation in a satisfactory account of social justice and, more specifically, the question of how such corporations should be regulated and taxed in order to secure social justice. -/- Most discussion in liberal political philosophy looks at state institutions, on the one hand, and individuals, on the other hand, without giving much attention to intermediate institutions such as corporations. This is in part a consequence (...) of a certain degree of idealization in terms of the background model of society with which such theories operate. Intermediate institutions are in an important sense optional or discretionary, and one would be hampering an account of justice if it built-in from the start particular kinds of institutions which we could imagine doing without. The only non-state institution that has received adequate attention in political philosophy is the nuclear family, in part because of its pervasiveness and resilience. But the corporation is probably second only to the family in its significance, in terms of its effects on the lives of individuals, and yet has been left without adequate attention. (shrink)

The deontic model of justice and ethical behavior proposes that people care about justice simply for the sake of justice. This is an important consideration for business ethics because it implies that justice and ethical behavior are naturally occurring phenomena independent of system controls or individual self-interest. To date, research on the deontic model and third-party reactions to injustice has focused primarily on individuals’ tendency topunishtransgressors. This research has revealed that witnesses to injustice will consider sacrificing (...) their own resources if it is the only way to sanction an observed transgressor. In this paper we seek to extend this model by arguing that punishment may not be the only “deontic” reaction, and that in fact, third-party observers of injustice may engage in moral self-regulation that would lead them to conclude that the most ethical response is to do nothing. We provide preliminary evidence for our propositions using voiced cognitions data collected during a resource allocation task. Results indicate that deonance may be more complex than originally thought, and previous tests of the model conservative in nature. (shrink)

The organizational justice literature and the family business literature have developed independently, which limits our understanding of fairness and justice in the family business workplace. So far, the concepts of justice and fairness have been used interchangeably in the family business literature, as if objective measures that aim to increase justice in the workplace will automatically translate into fairness perceptions among family business employees. By integrating the organizational justice literature and the family business literature, we (...) first differentiate between the two concepts of justice and fairness and argue that a utilitarian conceptualization of justice may come into direct conflict with fairness perceptions in the family business workplace. Second, we shed light on the importance of incorporating socioemotional goals, particularly those that reveal a bright side of socioemotional wealth, into rules and regulations designed to increase justice in the workplace, which, we argue, contributes to increasing fairness perceptions among employees and to building and maintaining an ethical family business workplace. Theoretical and practical contributions are discussed at the end of the paper. (shrink)

This book approaches the problems and circumstances confronting blacks in the context of black values, the black community, and the role of government. ^BContents:: The Black Community's Values as a Basis for Action; The Community as Agent of Change; and The Government's Role in Meeting New Challenges.

Contemporary societies are riddled with moral disputes caused by conflicts between value claims competing for the regulation of matters of public concern. This familiar state of affairs is relevant for one of the most important debates within liberal political thought: should institutions seek to realize justice or peace? Justice-driven philosophers characterize the normative conditions for the resolution of value conflicts through the establishment of a moral consensus on an order of priority between competing value claims. Peace-driven philosophers (...) have concentrated, perhaps more modestly, on the characterization of the ways in which competing value claims should be balanced, with a view to establishing a _modus vivendi _aimed at containing the conflict. _Interactive Justice _addresses an important question related to this debate: on what terms should the parties interact _during_ their conflict for their interaction to be morally acceptable to them? Although largely unexplored by political philosophers, this is a main area of concern in conflict management. Building on a proceduralist interpretation of "relational" concerns of justice, the author develops a liberal normative theory of interactive justice for the management of value conflict in politics grounded in the fundamental values of fair hearing and procedural equality. This book innovatively builds a bridge between works in political philosophy and peace studies to propose a fresh lens through which to view the normative responses liberal institutions ought to give to value conflict in politics, and moves beyond the apparent dichotomy between pursuing end-state justice through conflict resolution or peace through conflict containment. (shrink)

"On Sense and Reflexivity" offers the answer to a crucial question that was posed, and left without a satisfactory answer, by Gottlob Frege in "On Sense and Reference" (1892): What is the sense of a proper name? The century-long failure to answer this question has been the main motivation and support for recent nondescriptional accounts of lexical singular terms.

Justice is a cultural and historical constant, characterized by plurality and incommensurate theories. This book identifies regulative and critical dimensions in the works of Kant, Hegel, Heller, and Honneth. The significance of the categorical imperative mediating plurality leads to a dynamic idea of justice that resists relativism.

The Jeu d'Adam—staged outside a church, sporting an energetic vernacular dialogue—was for Hardin Craig drama “caught in the very act of leaving the church,” as for E. K. Chambers it was a herald of secularization. O. B. Hardison's investigation into the origins of medieval drama has rendered that position untenable, but at the same time has left us with no explanation for this play's innovations. Scholars of the Chambers-Craig tradition at least did not imagine that style is without meaning or (...) that innovation is unmotivated. I want to suggest that the significance of the Adam's dramaturgic novelty can be traced to particular ideological disturbances created by particular developments in ecclesiastical life. The play appropriates the liturgy of public penance to reassert traditional authoritative forms at a time when the disposition of spiritual authority was being reimagined, both in formal theological discussions and in the concrete act of sacramental absolution. The world of historical experience, which Erich Auerbach saw in the realistic vernacular dialogue, finds a place in this play only to be put in its place; the innovations express in a new way the old idea that submission to the ecclesiastical hierarchy is a healthy way to live. In placing the action before the church doors the author made the church building not merely the context of the play , but also its subject. (shrink)

Singular-term semantics has been intractable. Frege took the referents of singular terms to be their semantic values. On his account, vacuous terms lacked values. Russell separated the semantics of definite descriptions from the semantics of proper names, which caused truth-values to be composed in two different ways and still left vacuous names without values. Montague gave all noun phrases sets of verb-phrase extensions for values, which created type mismatches when noun phrases were objects and still left vacuous names without values. (...) There is a single type of value for all noun phrases that dissolves the difficulties which have beset singular-term semantics. (shrink)

Just Lawyers proposes a model for the regulation and organization of lawyers, guided by an ideal of access to justice. It is grounded in empirical analysis of why people complain about lawyers, the nature of existing legal institutions, and the ethical ideals of the profession. Parker weaves the normative theory of deliberative democracy with the empirical law and society tradition of research on the limits and possibilities of law. She shows that access to justice can only occur (...) in the interaction between courtroom justice, informal everyday justice, and social movementpolitics. Lawyers' justice should educate people's justice to improve the justice quality of everyday relationships and transactions, while community concerns (including community access to justice concerns) should reshape lawyers' regulation, organization, andpractices to improve substantive justice. Just Lawyers shows how legal proffesionalism can only be revitalized through the reform of access to justice beyond lawyers. (shrink)

It is generally accepted that Mill’s classification of names as nonconnotative terms is incompatible with Frege’s thesis that names have senses. However, Milldescribed the senses of nonconnotative terms—without being aware that he was doing so. These are the senses for names that were sought in vain by Frege. When Mill’s and Frege’s doctrines are understood as complementary, they constitute a fully satisfactory theory of names.

The advent of artificial intelligence (AI) challenges political theorists to think about data ownership and policymakers to regulate the collection and use of public data. AI producers benefit from free public data for training their systems while retaining the profits. We argue against the view that the use of public data must be free. The proponents of unconstrained use point out that consuming data does not diminish its quality and that information is in ample supply. Therefore, they suggest, publicly available (...) data should be free. We present two objections. First, allowing free data use promotes unwanted inequality. Second, contributors of information did not and could not anticipate that their contribution would be used to train AI systems. Therefore, charging for extensive data use is pro tanto permissible and desirable. We discuss policy implications and propose a progressive data use tax to counter the inequality arising. (shrink)

It is generally accepted that Mill’s classification of names as nonconnotative terms is incompatible with Frege’s thesis that names have senses. However, Milldescribed the senses of nonconnotative terms—without being aware that he was doing so. These are the senses for names that were sought in vain by Frege. When Mill’s and Frege’s doctrines are understood as complementary, they constitute a fully satisfactory theory of names.

In spite of advances in medicine and public health, malaria and other mosquito‐borne diseases are on the rise worldwide. Although vaccines, genetically modified mosquitoes and safer insecticides are under development, herein we examine a promising new approach to malaria control through better repellents. Current repellents, usually based on DEET, inhibit host finding by impeding insect olfaction, but have significant drawbacks. We discuss how comparative genomics, using data from the Anopheles genome project, allows the rapid identification of members of three protein (...) classes critical to insect olfaction: odorant‐binding proteins, G‐protein‐coupled receptors, and odorant‐degrading enzymes. A rational design approach similar to that used by the pharmaceutical industry for drug development can then be applied to the development of products that interfere with mosquito olfaction. Such products have the potential to provide more complete, safer and longer lasting protection than conventional repellents, preventing disease transmission by interrupting the parasite life cycle. BioEssays 25:1011–1020, 2003. © 2003 Wiley Periodicals, Inc. (shrink)

ABSTRACT Every social order depends on a pathway to atonement for those who breach behavioral expectations. However, observers from a variety of fields now agree that the United States has entered an age of non-apology, where the two words “I’m sorry” simply cannot be said, particularly by powerful men facing allegations of sexual misconduct. This essay draws attention to, and comments upon, this trend. We first identify the sociopolitical factors that have inaugurated the era of non-apology, namely growing political polarization. (...) We then explain the consequences of this shift in societal expectations surrounding apology. This state of affairs, which associates genuine apology with emasculation and defeat, is harmful: it foments a toxic culture that will not allow redress for survivors of sexual assault and harassment; and it provides no answers to complex questions of how society can address the guilt of those who engage in sexual misconduct. (shrink)

The 1995 Constitution of the Republic of Uganda in terms of article 31 (2) thereof, establishes rights under which widows and widowers can inherit property from their spouses and enjoy parental rights over their children. A duty is placed on the government to make appropriate laws to this end. More important though, the state has a duty to facilitate the administration of estates in general by making, through decentralization, the institutional and legal framework on succession more accessible to ordinary people. (...) An issue that deserves fresh consideration is whether this obligation to make the legal and institutional framework on succession accessible to ordinary people and especially widows, the years fater the Constitution was promulgated has been realized, and if so, whether it has advanced the property rights of these surviving female spouses in the estates of their deceased spouses. (shrink)

We investigated the causes and impact of procrastination on “slippery deadlines,” where the due date is ill-defined and can be autonomously extended, using the unique applied setting of grievance arbitration across two studies. In Study One, using 3 years of observed performance data derived from Canadian arbitration cases and a survey of leading arbitrators, we examined the effect of individual differences, self-regulatory skills, workloads and task characteristics on time delay. Observed delay here is a critical criterion, where justice is (...) emphasized to be swift and sure. Multilevel Modeling established trait procrastination as a substantive predictor of observed delay, equivalent to the environmental contributors of expediting the arbitration procedure or grievance complexity. Also, despite substantive negative consequence of delay for both arbitrators and their clients, arbitrators who scored one standard deviation above the mean in procrastination took approximately 83 days to write their decisions compared to the 26 days for arbitrators one standard deviation below the mean. In Study Two, we conducted a replication and extension survey with a much larger group of American arbitrators. Consistent with Temporal Motivation Theory, trait procrastination was largely explained by expectancy, value, and sensitivity to time related traits and skills, which together accounted for majority of the variance in trait procrastination, leaving little left for other explanations. For example, perfectionism connection to procrastination appears to be distal, being largely mediated by each of TMT’s core variables. Finally, procrastination was largely synonymous with a deadline pacing style, indicating that observed delay can be used as a proxy for procrastination as long as little or no prior work was done. In all, our results indicate that procrastination is rampant in the workplace and has seriously detrimental effects. (shrink)

Since the terrorist attacks of September 11, 2001, the United States and many other countries have adopted a “paradigm of prevention,” employing a range of measures in an attempt to prevent future terrorist attacks. This includes the use of pretextual charges for preventive detention, the expansion of criminal liability to prohibit conduct that precedes terrorism, and expansion of surveillance at home and abroad. Politicians and government officials often speak of prevention as if it is an unqualified good. Everyone wants to (...) prevent the next terrorist attack, after all. And many preventive initiatives, especially where they are not coercive and do not intrude on liberty, are welcome. But the move to a “preventive justice” model also creates potential for significant abuse. These risks suggest that we should be cautious about adopting preventive approaches, especially where they involve coercion. In part I of this essay, I articulate why preventive coercion is a problem. I respond, in particular, to a recent essay by Fred Schauer, "The Ubiquity of Prevention," which argued that “it is a mistake to assume that preventive justice is a problem in itself [because] preventive justice is all around us, and it is hard to imagine a functioning society that could avoid it.” In part II, I outline the formal constitutional and other constraints that are implicated by preventive measures in the United States, and I demonstrate that these constraints play a relatively small role in the actual operation of preventive measures. In part III, I maintain that informal constraints may actually play a more significant operational role in checking the abuses of prevention. (shrink)