Cet article examine la politique autrichienne en matière de handicap concernant le travail protégé dans le cadre des lois régionales sur le handicap. L’analyse s’appuie sur le modèles paternaliste, libertaire et socio-relationnel, trois modèles théoriques des relations de service social dans le triangle des prestataires de services, des acteurs de l’État et de la personne concernée. À travers ce prisme, une analyse approfondie du contenu des lois, des règlements et des rapports de suivi a été réalisée. Cet article souligne que (...) les perspectives paternalistes et dis/ableist sur les personnes handicapées prédominent dans les lois fédérales sur le handicap, tandis qu’il n’y a qu’une faible présence des services de soutien qui fournissent l’éducation et les compétences pour un travail en désinstitutionalisation ou qui soutiennent les mesures d’emploi sur le marché du travail ouvert. La plupart des services d’aide concernent des emplois à vie avec de l’argent de poche, sans droits à l’emploi, dans des marchés du travail de substitution ségrégués. Les résultats montrent que, bien que la législation contient souvent une rhétorique progressiste promettant une plus grande autodétermination et une meilleure inclusion, il s’agit surtout d’une tentative des politiques d’austérité de masquer l’absence d’un soutien véritablement centré sur la personne pour obtenir un emploi rémunéré sur le marché du travail régulier. Ainsi, le système juridique crée une vulnérabilité inutile, c’est-à-dire pathogène, pour les personnes handicapées. (shrink)

Sex work or prostitution marks a controversial topic for Protestant sexual ethics. It is also a multifaceted phenomenon because it can occur in very different forms: the spectrum ranges from poverty, emergency and procurement prostitution to the self-determined and insured sex worker with all imaginable shades in between. In the current economic system, goods and services are exchanged, traded, sold, acquired and paid for, so sex work can also be understood as work. For the purposes of this article, we (...) will therefore start from an understanding of sex work as care work. Care work can be understood as the satisfaction of needs and interests of third parties and the self. If sex work is discussed as care work, this has a variety of consequences. These include the fact that questions of vulnerability and integrity come to the fore. Integrity can be comprehended as self-realisation or autonomy and thus as potentially vulnerable, taking up Axel Honneth’s early reflections on the issue of recognition. Integrity in Axel Honneth’s sense can - according to a first approximation - play a role for sex work on three levels: physical or corporeal level, structural level and lifestyle or way of life level. Finally, the essay discusses the concept of negotiated or consensual morality as a contribution of Protestant ethics. (shrink)

Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we reunite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worker protections would indeed be better regulated by—and (...) relegated to—employment and labor law. But contract law is not what contract theorists claim. Neither is contract law what the dominant employment theorists fear—a domain that necessarily misses the constitutive place of work in people’s life-plans and overlooks the systemic vulnerability of workers to their employers. Contract, we contend, is not work law’s canonical “other.” Rightly understood, contract is an autonomy-enhancing device, one founded on the fundamental liberal commitment of reciprocal respect for self-determination. From this “choice theory” perspective, the presumed opposition between employment and contract law dissolves. We show that many employment law doctrines are not external to contract, but are instead entailed in liberal contract itself. Grounding worker protections in contract theory has two salutary effects. First, it offers workers more secure protection than that afforded by their reliance on momentary public-law compromises. Second, it reveals contract’s emancipatory potential for all of us—not just as workers, but also as widget buyers. Contract can empower, and employment can show the way. (shrink)

This article aims to present the problem of the impact of artificial intelligence on respect for human dignity in the sphere of care for people who, for various reasons, are described as particularly vulnerable, especially seniors and people with various disabilities. In recent years, various initiatives and works have been undertaken on the European scene to define the directions in which the development and use of artificial intelligence should go. According to the human-centric approach, artificial intelligence should be developed, used (...) and monitored with people in mind, their needs and rights. It is artificial intelligence that should adapt to the rules set by people, not the other way around. The source of all human rights and freedoms is respect for human dignity. This is evidenced by numerous European, international, national regulations and documents. Respecting this value is also one of the works on the AI development. One of the areas of our life into which AI enters more and more boldly and which in the near future, due to demographic reasons and aging population, may be almost dominated by modern technologies, is the medical and care system. The usefulness of industrial co-robots made us think about the possibility of using similar devices in the non-industrial sphere, including in the sphere of care, nursing and therapy. Actually, despite the impressive development of technology and AI, intelligent robots/devices used for care, nursing or therapy (so-called care/nursing or therapy robots) perform rather simple activities. They provide information, navigate, bring something and give it (e.g. medicines, food), help to get up. They are an important support for medical staff in this respect. Performing tasks that are more complex in terms of technology and movement, such as feeding, washing, intimate hygiene, dressing or undressing, is still beyond the reach of the currently used robots. The question we must ask ourselves is whether, in the future, care robots will be able to perform such tasks, and should they do so? Will this lead to the replacement of human medical personnel in the performance of the above-mentioned activities with such robots. Would anyone want to be "looked after" by a soulless machine? Should potential wards/patients, in other words all of us in fact, have the right to object to being taken into the care of an intelligent robot? There is no doubt that intelligent robots have great potential, especially when it comes to ensuring or maintaining the independence or mobility of people with various health limitations. However, we must not forget about the risks and dangers they may generate. Even a simple robot generates serious legal and ethical problems. Who should be liable for damage caused in connection with improper care performed with the participation of a robot? Robots based on AI systems are able to collect a significant amount of sensitive data, for example through the face and speech recognition function. There is considerable scope for abuse in this area, not only in terms of personal data protection but also in terms of informational self-determination, privacy and dignity. Bearing in mind the above risks, the creation of a new right to object to being looked after by a robot should be considered. (shrink)

Many of the major self-determination movements of the 20th and early 21st Centuries did not go smoothly, but resulted in forced or semi-forced transfers of groups of people from one country to another. Forced population transfers are not, of course, supported by major theorists of self-determination and secession. However, the problems that make population transfers extremely common in actual cases of self-determination and secession, are not squarely faced in many theories of self-determination. (...) And, I shall argue, certain leading theories of self-determination and secession would make population transfers almost inevitable in practice, even if not called for or sanctioned in theory. This is a major stumbling block for any attempt to move from an abstract account of self-determination towards a working theory. In this paper I take a first step towards addressing this problem. I shall show how any approach to dealing with secession, including “primary rights” accounts, “remedial rights only” accounts, and even “consensual” accounts, must be able to deal with the inevitable problem of population transfers, if it is to be a complete and plausible theory. I shall also show how population transfers, to the extent that we can always expect them to take place, can be made as just as possible, in light of any approach to the problem of secession. I will not here attempt to adjudicate between different approaches to secession and self-determination. To that extent, my argument may be seen as a friendly addition to all of the above approaches, showing how they may try to meet an objection which they have not yet faced. (shrink)

The study of teachers' readiness to work with adolescents with disabilities in terms of their professional self-determination was carried out on the basis of the study of works containing scientific ideas about the essence of professional self-determination, conceptual provisions on the essence of the phenomenon of "readiness", analysis of the characteristics of persons with psychophysical disorders. Studying the readiness of teachers to work with persons with disabilities on professional self-determination included questions on their knowledge (...) of the essence of professional self-determination; awareness of the importance and necessity of owning personal qualities, practical skills in organizing work on the professional self-determination of schoolchildren with developmental disabilities. In the course of the study, the levels of teachers' readiness were identified: high, average, below average according to the criteria: motivational, cognitive, procedural, organizational, evaluative. (shrink)

In this paper, I discuss accounts of agency, participation, and self-determination by David Crocker and Stacy Kosko because they acknowledge that relationships of power can determine who gets to participate and when. Kosko usefully applies the concept of agency vulnerability to the case of the self-determination of indigenous peoples. I examine the specific context of Canada’s history as a settler nation, a history that reflects attempts to denigrate, dismiss and erase Indigenous laws, practices, languages, and traditions. (...) I argue that this history displays epistemic injustice in that the dominant collective interpretative resources of non-Indigenous Canadians have allowed the dismissal of the collective interpretative resources of Canada’s Indigenous peoples. This gap in collective interpretative resources can explain that Canada’s constitution, institutions, laws, and structures reflect the dominant collective interpretative resources of a colonizing nation, ones that have delineated and restricted the agency, participation, and self-determination of Indigenous Canadians. One important outcome of Canada’s Truth and Reconciliation Commission and of its National Inquiry into Murdered and Missing Indigenous Women and Girls is bringing the rich history of Indigenous collective interpretative resources and the networks of relationships shaped by them to light. By discussing examples from these reports, I give substance to the argument that foundational and structural injustices in settler nations are at bottom epistemic injustices, ones that have implications for accounts of agency, participation, and self-determination. (shrink)

The history of the recovery movement began with a pushback against treatment, and the philosophies that it was founded upon still have relevant applications to contemporary social work practice. Financial aspects of service provision for people with serious mental illnesses have enabled other actors in the medical model of psychosis treatment to benefit, while disempowering and dehumanizing the consumers of those services. Since then, other movements like Psychopolitics and the Mad Movement have helped empower psychosis survivors to advocate for their (...) right to self-determination amid the epistemological pressure to identify as disabled. Social workers would like to believe that the field has moved beyond the philosophies that perpetuated institutionalization of people with serious mental illnesses. Contemporary examples, however, reveal how social services in the US maintain the status quo of sanism for psychosis survivors. (shrink)

Standards of reasonableness are pervasive in law. Whether a belief or conduct is reasonable is determined by reference to what a ?reasonable man? similarly situated would have believed or done in similar circumstances. Feminists rightly objected that the ?reasonable man? standard was gender?biased and worked to the detriment of women. Merely replacing the ?reasonable man? with the ?reasonable person? would not be sufficient, furthermore, to right this historic wrong. Rather, in a wide range of cases, feminist theorists and legal practitioners (...) urged instead a standard of reasonableness that reflects the perceptions of women, a perspective informed by women?s vulnerability and oppression. In this essay I examine the role of the ?reasonable woman? standard in two areas of law ? workplace sexual harassment and self?defense ? and argue that it is both legally and politically problematic. (shrink)

It is generally accepted that the therapeutic relationship between professionals and patients is one of trust. Nonetheless, some patient groups carry certain social vulnerabilities that can be exacerbated when they extend trust to health-care professionals. In exploring the epistemic and ethical implications of expert status, this paper examines how calls to trust may increase epistemic oppression and perpetuate the vulnerability of people with impairments. It critically evaluates the processes through which epistemic communities are formed or determined, and examines the institutional (...) structure and power relations that contribute to or sustain such self-affirming ideological communities. It also argues for a two-way collaborative approach between professionals and people with impairments that recognizes the role of local knowledge in enhancing professionals’ own understanding of their theoretical framework and promoting responsive practices and policies. (shrink)

The fiduciary nature of the patient-physician relationship requires clinicians to act in the best interest of their patients. Patients are vulnerable due to their health status and lack of medical knowledge, which makes them dependent on the clinicians’ expertise. Competent patients, however, may reject the recommendations of their physician, either refusing beneficial medical interventions or procedures based on their personal views that do not match the perceived medical indication. In some instances, the patients’ refusal may jeopardize their health or life (...) but also compromise the clinician’s moral responsibility to promote the patient’s best interests. In other words, health professionals have to deal with patients whose behavior and healthcare decisions seem counterproductive for their health, or even deteriorate it, because of lack of knowledge, bad habits or bias without being the patients’ free voluntary choice. The moral dilemma centers on issues surrounding the limits of the patient’s autonomy (rights) and the clinician’s role to promote the well-being of the patient (duties). In this paper we argue that (1) the use of manipulative strategies, albeit considered beneficent, defeats the purpose of patient education and therefore should be rejected; and (2) the appropriate strategy is to empower patients through patient education which enhances their autonomy and encourages them to become full healthcare partners as opposed to objects of clinical intervention or entities whose values or attitudes need to be shaped and changed through education. First, we provide a working definition of the concept of patient education and a brief historical overview of its origin. Second, we examine the nature of the patient-physician relationship in order to delineate its boundaries, essential for understanding the role of education in the clinical context. Third, we argue that patient education should promote self-rebiasing, enhance autonomy, and empower patients to determine their therapeutic goals. Finally, we develop a moral framework for patient education. (shrink)

The Patient Self-Determination Act is a fact. Finally, respect for patient autonomy has been guaranteed. At first sight, there seems little reason to object to any measure that intends to increase the autonomy of the patient. Too long, one may argue, physicians have behaved paternalistically; too often, they have been advised to change this habit. If the profession of medicine is unwilling or simply unable to grant the patient the decision-making power that is her due, the law has (...) to step in. One may add, this law in no way hinders professional autonomy; by requiring a hospital official to provide the patient with information about advance directive, the law actually reduces the work load of the physician, who is already overburdened. (shrink)

This chapter defends a legal human right to tobacco control. Building on existing work, the chapter argues that the legal case for such a right is strong. Existing international human rights treaties, chiefly the International Covenant on Economic, Social and Cultural Rights, recognize a human right to health alongside several other rights that speak for covering tobacco control under human rights law. Drawing on Allen Buchanan’s pluralistic justificatory framework for human rights, the chapter argues that the philosophical case is strong (...) too. Tobacco is among the deadliest public health threats worldwide and its health impacts so severe that humans should have a claim against their governments to protect them against the harms of tobacco. Human rights law is a promising avenue to strengthen this claim. The chapter then defends a human right to tobacco control against several philosophical worries. For example, is strong tobacco control compatible with personal freedom? Is it compatible with personal consent? Would human rights legislation facilitate power relations that unduly restrict national and individual self-determination? This chapter argues that concerns with freedom of choice, consent and power relations do not speak against tobacco control. Conversely, a concern with power relations speaks for a human right to tobacco control as it could lessen the power asymmetries between tobacco companies and vulnerable populations, such as children, smokers of lower socio-economic status and citizens in low-income countries with weaker governance structures. (shrink)

This response to Robert Knox’s very kind and constructive review1 of my 2008 book The Degradation of the International Legal Order: The Rehabilitation of Law and the Possibility of Politics gives me the opportunity not only to answer some of his criticisms, but also, on the basis of my own reflections since 2008, to fill in some gaps. Indeed, to revise a number of my arguments. First, I restate my attempt at a materialist account of human rights. Next I explain (...) why, for me, the right of peoples to self-determination is absolutely central to a materialist understanding of human rights; and also fill a serious gap in my own account in the book. This leads me not only to a reply to Robert Knox on the question of ‘indeterminacy’ in international law, but also to a disagreement with him on the use or misuse of the language of self-determination. My fourth section returns to our very different evaluations of the significance and meaning of the work of Yevgeny Pashukanis, and what, for me, is Pashukanis’s misunderstanding, for reasons consistent with his general theoretical trajectory, of Marx and Lenin on the Irish question. Finally, I present an outline of a re-evaluation of Marx’s principled position on self-determination. (shrink)

_Purpose._ The study aims to define and comprehend the phenomenon of freedom as an anthropological problem in the Christian philosophical heritage of A. Augustine and H. Skovoroda. The objectives of the study are: a) to identify the main aspects of the problem of freedom in the Christian philosophy of Augustine; b) to clarify the essence and specificity of understanding of freedom in the philosophical anthropology of H. Skovoroda; c) to compare the peculiarities of the statement of the problem of freedom (...) by Augustine and Skovoroda. _Theoretical basis._ The achievement of the purpose is based on theoretical-methodological, historical-philosophical and comparative analysis of the content of the concept of freedom within the philosophical views of A. Augustine and H. Skovoroda. Also, the analysis of the original sources of the thinkers has allowed to formulate the theoretical and practical significance of their ideas in this field and their importance for the further development of world philosophy. _Originality._ It has been confirmed that in the religious philosophy of Augustine, freedom appears on an immanent-spiritual plane and is a phenomenon manifested as a person’s ability of self-determination in his actions. Augustine explains freedom by raising the question of free will, evil, salvation, predestination and divine grace. It is substantiated that the analysis of the problem of freedom in the philosophy of H. Skovoroda presupposes an understanding of the main components of his philosophical and anthropological theory: ontological (the doctrine of "two natures" and "three worlds"); gnoseological (the concept of self-knowledge); ethical (the problem of happiness, good, etc.). It is determined that human freedom in the work of both philosophers is defined in conceptual and semantic aspects as a moral and ethical choice between good and evil. It is established that both Augustine and Skovoroda emphasize the discovery by man of the moral, spiritual law and life in accordance with its norms – this is a kind of idea of positive freedom ("freedom for"), and the call to escape from the world of evil is the idea of negative freedom ("freedom from"). _Conclusions._ Thus, we continued the historical-philosophical study of the peculiarities of the understanding of the concept of human freedom in Ukrainian philosophical thought, which is manifested by comparing it with the theoretical heritage of world philosophy, with the spiritual and philosophical experience of the past. The ideological kinship of the concepts of freedom of Aurelius Augustine and Hryhorii Skovoroda is obvious. (shrink)

Since its outbreak, the COVID-19 pandemic has generated discourses and practices that directly refer to the semantic universe usually connected to disability and illness. Words such as ‘pre-existing conditions’, ‘risk groups’, ‘accessibility’, and ‘vulnerability’ have become everyday elements of official and informal communications across the globe. In this article, I explore the contradictions that arise from such uses through the lens of crip studies. In the first part, I observe how the idea of vulnerability became mainstream, moving from being (...) usually attached to disability and illness to being depicted as a universal condition. Such a shift serves the double purpose of reinstating the predominance of able-bodiedness as the preferable normalcy and invisibilising the particular conditions of disabled and chronically ill people in the pandemic. In the second part, I discuss the perverse use of the expressions ‘risk group’ and ‘underlying conditions’ as biopolitical tools to reinforce already existing forms of oppression. The third part comprises a reflection on accessibility and the sudden advent of working-from-home. Finally, I reflect on confinement and interdependence as key concepts to draft a politics of transformation that moves from disability and chronic illness to include all experiences of intersectional oppression. As other markers of oppression, illness and disability can determine the possibilities of survival through the crisis, not only because they are linked to bodily fragility but also because of the systemic violence they are immersed in. The knowledge produced from a place of vulnerability can hence show interesting elements to better understand the challenges of this pandemic through an intersectional perspective. (shrink)

Duty of care is the core ethical responsibility of healthcare workers. Getting the workforce vaccinated will provide safety to the public, protect the vulnerable population and provide a safe working environment. While most agree that healthcare workers should be prioritised in the vaccination programme, mandatory vaccination remains a complicated and contentious issue with political, legal and ethical dimensions. This study aims to determine the ethical considerations associated with mandatory vaccinations among healthcare workers. A total of 152 abstracts were identified of (...) which, 142 were excluded based on abstracts because they did not meet the inclusion criteria. The remaining ten articles were further evaluated with three articles that fit the inclusion criteria specifically discussing mandatory vaccination among healthcare workers and the ethical issues. Benefits, risks, effectiveness, equity and justice, autonomy, reciprocity and trust were used as a framework to discuss the ethical considerations which resonated both directly from the included papers, as well as more generally from the other literature associated with this search. There is limited literature on the topic of ethical considerations associated with COVID-19 mandatory vaccination of healthcare workers, as a systematic review identified only 3 papers. Benefits, risks, effectiveness, equity and justice, autonomy, reciprocity and trust were among the seven ethical considerations identified and discussed. (shrink)

Legislation for dementia care needs to be continually rethought, if the rights of older persons and other persons with dementia are to be addressed properly. We propose a theoretical framework for understanding vulnerability and dependency, which enables us to problematize the currently prevailing legal conception of adults as always able — irrespective of health or age — to act autonomously in their everyday lives. Such an approach gives rise to difficult dilemmas when persons with dementia are forced to make decisions (...) on their own about basic living conditions, such as housing and care, without decision-making support. In Sweden, for example, such matters are frequently left to the person him- or herself to decide, often without any assistance from social workers, and with family members serving as caregivers of last resort.Using vulnerability theory as the framework for our discussion, we argue that policymakers should not apply a group-oriented approach (based on factors like age, legal status, or mental capacity) to persons suffering from dementia. The needs of such individuals are as complex and varied as they themselves are. We discuss our findings from an interdisciplinary (law/social work) research project in which we examine the dilemma that social workers face when they are required, under the terms of the Swedish Social Services Act, to determine whether persons with dementia are to be granted support.We argue further that a cross-disciplinary approach — in which vulnerability theory furnishes the framework — opens up for new ways of understanding and developing social welfare law and practice. This, we believe, can help us better address the rights, interests, and needs of people with dementia, of their families, and of professionals in the social welfare system. Finally, many of the problems faced by ageing societies in general can be understood on the basis of such an approach. (shrink)

_The purpose_ of this study is the reflection on ways of philosophical legitimation for the "Self-made-man" idea in the worldview of the Renaissance and Reformation. _Theoretical basis._ Historical, comparative, and hermeneutic methods became the basis for this. The study is based on the works of Nicholas of Cusa, G. Pico della Mirandola, N. Machiavelli, M. Montaigne, E. Roterodamus, M. Luther, J. Calvin together with modern researchers of this period. _Originality._ The analysis allows us to come to the conclusion that (...) casts doubt on the still widespread belief according to which the emergence of the "Self-made-man" idea is localized by the process of forming the American cultural code and the ideological heritage of Benjamin Franklin. It is highlighted that the formation of this idea is the result of a long process that originated in the ancient world and gains a special impetus in the Renaissance and Reformation. Precisely in the cultural context of the latter, the ancient intention to recognize the individual’s right to self-determination and self-government, which in the depths of Christian theology acquires only a potentially universal character, becomes not only acceptable but also, in the context of Protestantism worldview, the only admissible, in fact, individual’s obligatory life guidelines. _Conclusions._ Humanistic and reformation thoughts quite naturally led to further ideological legitimation of the person’s idea of who is creating oneself. This legitimation was during the complex interaction of numerous factors of culture in the Late Middle Ages, as well as ideas and intentions inherited from Antiquity. Key among them was the gradual formation of a new social order, in essence, indifferent to paternalistic rudiments, together with the ethics of Protestantism corresponding to it. The latter does not only legalize but, de facto, sacralizes the individual’s reorientation from hopes for the synergy of God’s grace and own free will in personal salvation, toward the self-reliance and personal efforts, awareness of personal responsibility for the own fate as key principles of the "Self-made-man" concept. (shrink)

By unpacking some of the dichotomies inherent in the concepts of vulnerability and disability, the article problematises some of the current legal approaches to disability in Finland. It argues that where used to single out population groups or individuals due to their embodied characteristics, the vulnerability paradigm can be seen to create binaries both among the persons with disabilities, and between the “vulnerable” persons with disabilities and the perception of a rational, self-standing and autonomous human being. To (...) mitigate such binaries, the article explores an agency-centred discourse of vulnerability, one that recognises the co-existence of agency and vulnerability and sees agency as dynamic and responsive to the societal support structures that surround all of us. One of the central arguments of the article is that generalised approaches do, however, not suffice to make agency a reality for all persons with disabilities. Given the extensive diversity of intra-group variations between persons with disabilities, individualised solutions are needed for agency to be possible for all. To overcome objectification and de-agencification – and to enhance agency – this diversity of situations, needs and contexts of lived-in realities of individuals also needs to be expressly reflected in the legal language in addressing disability. (shrink)

Background: Self-determination is an important factor in improving the quality of life of people with moderate intellectual disabilities. A focus on self-determination implies that restraints on the freedom of people with intellectual disabilities should be decreased. In addition, according to the Dutch Care and Coercion bill, regular restraints of freedom, such as restrictions on choice of food or whom to visit, should be discouraged. Such restraints are only allowed if there is the threat of serious harm (...) for the clients or their surroundings. Research question: What do support staff consider as restraints on freedom and how do they justify these restraints? Research design: In this study, data were collected by semi-structured interviews. Participants and research context: Fifteen support staff working with clients with moderate intellectual disabilities were interviewed. All participants work within the same organisation for people with intellectual disabilities in the Eastern part of the Netherlands. Ethical considerations: The study was conducted according to good scientific inquiry guidelines and ethical approval was obtained from a university ethics committee. Findings: Most restraints of freedom were found to be centred around the basic elements in the life of the client, such as eating, drinking and sleeping. In justifying these restraints, support staff said that it was necessary to give clarity in what clients are supposed to do, to structure their life and to keep them from danger. Discussion: In the justification of restraints of freedom two ethical viewpoints, a principle-guided approach and an ethics of care approach, are opposing one other. Here, the self-determination theory can be helpful, while it combines the autonomy of the client, relatedness to others and the client’s competence. Conclusion: Despite the reasonable grounds support staff gave for restraining, it raises the question whether restraints of freedom are always in the interest of the client. (shrink)

How do we theorize the experiences of caregivers abused by their children with autism without intensifying stigma toward disability? Eva Kittay emphasizes examples of extreme vulnerability to overturn myths of independence, but she ignores the possibility that dependents with disabilities may be vulnerable and aggressive. Instead, her work over-emphasizes caregivers' capabilities and the constancy of disabled dependents' vulnerability. I turn to Judith Butler's ethics and her conception of the self as opaque to rethink care amid conflict. Person-centered planning (...) approaches, pioneered by disability rights activists, merge Butler's analysis of opacity with Kittay's work on embodied care, while also inviting a broader network of people to both interpret needs and change communities. By expanding our conceptions of dependency, feminist disability studies can continue the aim of both Kittay and Butler: to humanize unintelligible lives. (shrink)

Social participation and development of self-determination for people with intellectual disabilities are at the heart of several international conventions (UN, 1971, 1975) and ministerial Quebec’s policies (MSSS, 2001). The implementation of the educational program CASP-I, A competency-based approach to social participation (Gouvernement du Quebec, 2019) in Quebec represents a change for teachers of students with moderate to severe intellectual disabilities. In this program, self-determination is positioned as an important objective for the development of students’ social participation (...) (Algozzine et al., 2001 ; Cobb et al., 2009). However, the appropriation of this concept within schools is still partial (Cho et al., 2011 ; Shogren et al., 2014), which requires to support teachers succeed (Shogren et al., 2015 ; Whemeyer et al., 2013). The article will present the results of seven research interviews conducted with primary school teachers working with students with moderate to severe intellectual disabilities. The analysis of their representations of self-determination highlights the links between their knowledge and their beliefs about it, as well as the teaching practices that they associate with it. Recommendations are made to promote the appropriation of the concept of self-determination within Quebec schools and to support the accompaniment of teachers towards the desired change. (shrink)

Independence was a core value of the movement for disability rights. People with disabilities did not have to be dependent, advocates claimed; they were robbed of autonomy by poverty, social prejudice, and architectural barriers. Recently, critics have noted that the emphasis on independence equates personhood with autonomy, reason, and self-awareness, thereby excluding those who are incapable of self-determination. The stigma of dependency is communicated to caregivers whose work is devalued and undercompensated. These values are echoed in (...) the life writing of people with disabilities, which tends to present a singular narrative voice, even when the author requires assistance in the physical or intellectual work of composition. The 1979 Mexican memoir-testimonio Gaby Brimmer, collaboratively authored by the acclaimed journalist Elena Poniatowska, Brimmer, her mother, and her paid caregiver is a notable exception. Consisting of interwoven dialogue among its three informants, Gaby Brimmer enacts dependency at the level of form, while exploring the challenges and opportunities of interdependence in societies that devalue the giving and receiving of care. (shrink)

The development of the CRISPR gene editing technique has been hyped as a technique that could fundamentally change scientific research and its clinical application. Unrecognized is the fact that it joins other technologies that have tried and failed under the same discourse of scientific hype. These technologies, like gene therapy and stem cell research, have moved quickly passed basic research into clinical application with dire consequences. Before hastily moving to clinical applications, it is necessary to consider basic research and determine (...) how CRISPR/Cas systems should be applied. In the case of single gene diseases, that application is expected to have positive impacts, but as we shift to more complex diseases, the impact could be unintentionally negative. In the context of common disabilities, the level of genetic complexity may render this technology useless but potentially toxic, aggravating a social discourse that devalues those with disabilities. This paper intends to define the issues related to disability that are associated with using the CRIPSR/Cas system in basic research. It also aims to provide a decision tree to help determine whether the technology should be utilized or if alternative approaches beyond scientific research could lead to a better use of limited funding resources. (shrink)

In recent decades, the intertwining ideas of self-determination and well-being have received tremendous support in bioethics. Discussions regarding self-determination, or autonomy, often focus on two dimensions—the capacity of the patient and the freedom from external coercion. The practice of obtaining informed consent, for example, has become a standard procedure in therapeutic and research medicine. On the surface, it appears that patients now have more opportunities to exercise their self-determination than ever. Nonetheless, discussions of patient (...) autonomy in the bioethics literature, which focus on individual patients making particular decisions, neglect the social structure within which health-care decisions are made. Looking through the lens of disability and informed by the feminist conception of relational autonomy, this essay argues that the issue of autonomy is much more complex than the individualist model suggests. The social system and the ableist ideology impose various forms of pressure or oppressive power that can affect people’s ability to choose according to their value system. Even if such powers are not directly coercive, they influence potential parents’ decisions indirectly—they structure their alternatives in such a way that certain options are never considered as viable and other decisions must be made. This paper argues that, instead of only focusing on the individual act of decision-making, we need to pay attention to the social structure that frames people’s decision. (shrink)

Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...) they eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power. (shrink)

The purpose of this article is to analyze the variability of the "Self-made-man" idea in the context of the Christian Middle Ages in its primarily historical and philosophical presentation. Research is based on the historical and philosophical analysis of the medieval philosophy presented foremost by the works of Aurelius Augustine, P. Abelard, Thomas Aquinas, and also by the modern researches of this epoch. Theoretical basis. Historical, comparative, and hermeneutic methods became fundamental for this research. Originality. The conducted analysis allowed (...) to draw a conclusion that, despite the still existing view of the Middle Ages as a kind of an ideological gap in the formation of the self-determination idea, the Christian philosophy of this period not only does not reject but also gives essentially the universal character of the ancient intention to recognize the individual’s right to self-determination and self-government, makes it not only religiously acceptable but also obligatory. Conclusions. Despite to general theocentrism, providentialism and fatalism of Christian medieval philosophy and culture in general, at its epicenter there is a man of a special type, focused on preserving spiritual autonomy and identity in the social dimensions of their existence, and at the same time, on personal responsibility for their own destiny. Such focus became a logical and somewhat unexpected result of the complex interaction of numerous factors of medieval culture, as well as the ideas and intentions inherited from Antiquity. In particular, the idea that a person who does not act freely cannot be morally responsible for what he does, as well as the intentions of the ancient sage to autonomy, autarky, and apoliticism. In the Middle Ages, this intention became essentially universal, as it became a right, even an obligation of every Christian to be free, at least from the worldly, in determining and realizing his own destiny. The gradual compromise recognition that personal salvation is possible only as a result of synergy, i.e. the co-participation of God’s grace and human freedom, legitimizes and strengthens its focus on active personal efforts and personal responsibility for one’s own salvation, in fact for one’s own destiny. All this in historical perspective was found in its radicalized and purified from all sorts of mystical and religious layers of expression in the idea of "Self-made-man". (shrink)

Respect for autonomy and self-determination is a central principle in nursing ethics. Autonomy and quality of life are strongly connected, and, at the same time, autonomy is an important quality indicator on how older persons' housing functions. In this study, autonomy was conceived as self-determination. The aim of the study was to describe how older people living in sheltered housing experience self-determination and how they are valued as human beings. Eleven persons living in (...) five different housing facilities for older people in southern Sweden were interviewed. The data were analysed by manifest and latent qualitative content analysis. The overall theme expressing the latent content in the interviews emerged as disempowerment, which implied an environment that does not strengthen individual self-determination. The results showed a negative experience of how these older people thought they were valued in the sheltered housing where they lived. In sheltered housing, more attention should be paid to residents' self-determination and sense of value. (shrink)

John Locke (29 August 1632 - 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "Father of Liberalism". Considered one of the first of the British empiricists, following the tradition of Sir Francis Bacon, he is equally important to social contract theory. His work greatly affected the development of epistemology and political philosophy. His writings influenced Voltaire and Jean-Jacques Rousseau, many Scottish Enlightenment thinkers, as (...) well as the American revolutionaries. His contributions to classical republicanism and liberal theory are reflected in the United States Declaration of Independence.Locke's theory of mind is often cited as the origin of modern conceptions of identity and the self, figuring prominently in the work of later philosophers such as David Hume, Rousseau, and Immanuel Kant. Locke was the first to define the self through a continuity of consciousness. He postulated that, at birth, the mind was a blank slate or tabula rasa. Contrary to Cartesian philosophy based on pre-existing concepts, he maintained that we are born without innate ideas, and that knowledge is instead determined only by experience derived from sense perception. This is now known as empiricism. An example of Locke's belief in Empiricism can be seen in his quote, "whatever I write, as soon as I discover it not to be true, my hand shall be the forwardest to throw it into the fire." This shows the ideology of science in his observations in that something must be capable of being tested repeatedly and that nothing is exempt from being disproven. Challenging the work of others, Locke is said to have established the method of introspection, or observing the emotions and behaviors of one's self.Locke's concept of man started with the belief in creation. We have been "sent into the World by order, and about his business, are his Property, whose Workmanship are, made to last during his, not one anothers Pleasure." Like the two other very influential natural-law philosophers, Hugo Grotius and Samuel Pufendorf, Locke equated natural law with the biblical revelation, since in their view both had originated in God and could therefore not contradict each other. "As a philosopher, Locke was intensely interested in Christian doctrine, and in the Reasonableness he insisted that most men could not hope to understand the detailed requirements of the law of nature without the assistance of the teachings and example of Jesus.". (shrink)

abstract Martha Nussbaum's Hiding from Humanity, links the philosophical understanding of emotion with important issues in ethics, law and political philosophy, and engages with empirical material in a manner that provides a model for open and practically oriented moral philosophy. Here I explore four areas in which I believe the discussion now needs to be carried forward. First, the connections between Nussbaum's work and other contributions to recent moral philosophy, principally that of Alasdair MacIntyre in Dependent Rational Animals (1999) but (...) also that of David Wiggins in Ethics (2006). Second, the conceptual understanding of notions of disability, impairment and normal human functioning, and the standards against which these are determined and judged. Third, the nature of mental disorder and the harm done to sufferers by the stigma attaching to it. Fourth, the implications of following Nussbaum's lead in recognising humanity in the vulnerable, as these bear upon 'ending life' issues, especially that of abortion. Nussbaum's book serves to orient readers towards a cluster of important philosophical issues and specific policy areas; but it also raises questions that she might now wish to consider further. (shrink)

The author examines South Asian American women caregivers in two domestic violence organizations, namely Apna Ghar, the Chicago shelter for battered immigrant women, and Saheli, a support group for abuse survivors in Austin, Texas. Through informal interviews with Apna Ghar workers and Saheli volunteers and participant observation at Apna Ghar, she outlines the concept of “radical caring.” Radical caring emerges at the conjunction of individual and organizational motivations. However, radical caring is inherently contradictory; first, the caregivers’ traditional gender identities are (...) used to alter the very same gender ideologies in their racialized communities. Second, workers attempt to preserve the dignity of care receivers even as they engage in tasks that undermine their self-respect. Third, caseworkers exercise authority so that residents’ autonomy may be enhanced. The author argues that although organizations such as Apna Ghar hold the potential for social change, professionalization of shelter work along with the contradictions inherent in caregiving compromise radical caring. (shrink)

State prescription drug monitoring programs (PDMPs) use proprietary, predictive software platforms that deploy algorithms to determine whether a patient is at risk for drug misuse, drug diversion, doctor shopping, or substance use disorder (SUD). Clinical overreliance on PDMP algorithm‐generated information and risk scores motivates clinicians to refuse to treat—or to inappropriately treat—vulnerable people based on actual, perceived, or past SUDs, chronic pain conditions, or other disabilities. This essay provides a framework for challenging PDMP algorithmic discrimination as disability discrimination under (...) federal antidiscrimination laws, including a new proposed rule interpreting section 1557 of the Affordable Care Act. (shrink)

Much academic work (in philosophy, economics, law, etc.), as well as common sense, assumes that ill health reduces well-being. It is bad for a person to become sick, injured, disabled, etc. Empirical research, however, shows that people living with health problems report surprisingly high levels of well-being - in some cases as high as the self-reported well-being of healthy people. In this chapter, I explore the relationship between health and well-being. I argue that although we have good reason to (...) believe that health problems causing pain and death typically do reduce well-being, health problems that limit capabilities probably don't reduce well-being nearly as much as most people suppose. I then briefly explore the consequences of this conclusion for political philosophy and ethics. If many health problems don't significantly reduce well-being, why should governments go to great expense to prevent or treat them? Why should parents be obliged to ensure the health of their children? (shrink)

This book explores from selected semioticians' international and cross-cultural viewpoints, the changing concepts of custom and community. The idea of the 'primitive' as a complex social system is explored in the context of recent studies of comparative law. The range of focus is from Lockean majority-rule to aboriginal self-determination, and includes a new look at waning ideologies such as the «old» feminism, Critical Legal Studies, and postmodernisms. Pragmatism is reinterpreted and reviewed with fresh eyes.

Published in Vienna in 1936, _The Authoritarian State_ by Eric Voegelin has remained virtually unknown to the public until now. Sales of the German edition were halted following the Nazi invasion of Austria in 1938, and the entire printing was later destroyed by wartime bombing. In this volume, Voegelin offers a critical examination of the most prominent European theories of state and constitutional law of the period while providing a political and historical analysis of the Austrian situation. He discusses the (...) dismissal of Parliament in 1933, the civil war, the murder of Federal Chancellor Dollfuss, the adoption of the "Authoritarian Constitution" of 1934, and the predicament of being sandwiched between Hitler and Mussolini. A radical critique of Hans Kelsen's pure theory of law lies at the heart of this work, marking Voegelin's definitive departure from Neo-Kantian epistemology. For the first time, Voegelin elaborates on the important distinction between theoretical concepts and political symbols as a basis for explaining the nontheoretical and speculative character of ideologies, both left and right. He shows that _total_ and _authoritarian_ are symbols of ideological self-interpretation that have no theoretical value, a distinction basic to his later work in _The New Science of Politics._ Available for the first time in English, _The Authoritarian State_ is a valuable addition to the Voegelin canon and to the field of intellectual history in general. (shrink)

When the International Criminal Tribunal for the Former Yugoslavia convicted the Bosnian Serb soldiers who used rape as a weapon of war of violating the human right to sexual self determination and of crimes against humanity, it transformed vulnerability from a mark of feminine weakness to a shared human condition. The court's judgment directs us to note the ways in which the exploitation of our bodied vulnerability is an assault on our dignity. It alerts us to the ways (...) in which the body of human rights law is a law of bodies; to the ways in which our desire for intimacy creates communal ties that ground our personal and social identities; to the ways in which the symbolic meanings of our bodies are integral to our sense of integrity and worth; and to the ways in which gender structures which position men as protectors of women make it possible for rape to be used as an effective and criminal weapon of war. (shrink)

Research and practice about self-determination in the context of disability has centred on teaching skills and providing support to help people with impairments to be independent. However, limited research exists about the impact of Information and Communication Technologies, in particular social media and mobile devices, on the development of self-determination skills among people with disabilities. This paper presents the findings of a qualitative study which collected data from observations, a researcher diary, focus groups, individual interviews (...) and data from social media. The focus of the study was on young people with vision impairments who were transitioning to university life. The study found that the participants developed self-determination skills by using and adapting collaborative and interactive online tools and mobile devices according to their transition needs. This finding expands the understanding of the implications of new technologies for young people with disabilities’ personal development and the enhancement of self-determination. (shrink)

Prevailing philosophies about parental and other caregiver responsibilities toward children tend to be protectionist, grounded in informed benevolence in a way that countenances rather than circumvents intrusive paternalism. And among the kinds of children an adult might be called upon to parent or otherwise care for, children with disabilities figure among those for whom the strongest and snuggest shielding is supposed be deployed. In this article, we examine whether this equation of securing well-being with sheltering by protective parents and other (...) care-givers should unreflectively be adopted for disabled children. We also consider why healthcare providers might reasonably be reluctant to yield to this principle, even if parents instinctively suppose that protectionism is the parenting policy that best serves their disabled child’s interest. We contend that caregivers owe children with disabilities at least as much, and possibly more, respect for self-governance than other children need. In spite of disabled children’s vulnerability and even in view of it, we argue that they should be accorded not only welfare rights to well-being but at least a modified version of liberty rights as well. Healthcare providers are especially favorably positioned to facilitate the latter response. The main components of respectful caregiving can come into conflict with one another, but we present some priorities that advise against adopting a protectionist account of parenting rights, or at least against accepting protectionist views that focus parenting narrowly on shaping ideas about the child’s welfare. In sum, caring for a disabled child, we argue, involves more than creating conditions that will afford her contentment and comfort over the course of life. (shrink)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace (...) among states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

Background: In the variegated legislative framework on advance directives, the first specific regulation in Italy on this issue came into force only in 2018. Research objective: This qualitative study aimed to investigate the implications of the new Italian law on advance directives in clinical practice from the perspective of those who deal with this delicate ethical issue on an everyday basis, that is, Italian healthcare professionals. Research design: A qualitative research design using semi-structured audio-recorded interviews was adopted. The data collection (...) and analysis were performed according to the Grounded Theory approach. Participants: Nineteen healthcare professionals (16 nurses, 3 physicians) working in a palliative care unit of a research and clinical institute in Italy. Ethical considerations: The study is part of the WeDistress HELL Project (WEllness and DISTRESS in HEalth care professionals dealing with end of Life and bioethicaL issues) approved by the Ethical Committee of ICS Maugeri - Institute of Pavia (Italy). Findings: The authors identified a main overall category, ‘Pros and Cons of the Italian law on advance directives’, composed of six constituent categories: Positive welcome, Self-determination and protection, Prompts for future betterment, Uncertainties, Lack of knowledge, and Neutrality and no suggestions. Discussion: The Italian law n. 219/2017 on advance directives was seen as a legal instrument possessing both strengths and weaknesses, but able to guarantee the patient’s self-determination and support healthcare professionals in providing care according to patients’ wishes. Conclusion: An understanding of the healthcare providers’ perspective may support the discussion on advance directives and bridge the gaps that currently persist in handling ethical issues. (shrink)

Criminal law operates under the assumption that persons have the capacity for free, voluntary choice. However, since the concept of free will and self-determination may be understood in a variety of ways, it must be made the subject of philosophical scrutiny if it is to provide a solid foundation for law. This paper will present two major philosophical concepts of self-determination and evaluate their utility for criminal law. The conclusion delineates the possibilities and limitations of these (...) concepts when applied in particular to the field of criminal law. (shrink)

Law in Civil Society advances a new and comprehensive theory of how legal institutions should be reformed to uphold the property, family, and economic rights of individuals in civil society. In so doing, it offers a powerful challenge to the dominant legal theories and practices espoused by liberalism, positivism, natural law, and critical legal thought. Winfield argues against the prevailing assumptions of legal philosophers who dogmatically embrace formal or historical conceptions of law. True law, he contends, must be constructed within (...) the context of the different spheres of rights and ultimately can only exist within a civil society committed to self-determination and community. Working from these fundamental premises, he analyzes in detail a rich array of important legal issues: fair access to legal representation, the rationale for jury trials, appropriate distinctions between civil and criminal legal procedures, the controversies pitting common law versus codification and adversarial versus inquisitorial systems of trial, and the relationship between civil society and the state. Much inspired by Hegel's Philosophy of Right, Winfield's study offers the most convincing critique yet of that renowned philosopher's work and, in the process, provides a more complete and coherent conception of law than Hegel himself articulated. Provocative and highly instructive, the book should attract scholars, teachers, and students in legal and political philosophy and anyone else with an abiding interest in the foundations of Western law. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the (...) principles of self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

Background: Caregivers and administrators in long-term facilities have fragile moral work in caring for residents with dementia. Residents are susceptible to barriers and vulnerabilities associated with the most intimate aspects of their lives, including how they express themselves sexually. The conditions for sexual agency are directly affected by caregivers’ perceptions and attitudes, as well as facility policies. Objective: This article aims to clarify how to approach capacity determinations as it relates to sexual activity, propose how to theorize about patient autonomy (...) in this context, and suggest some considerations for finding an ethically responsible and practically feasible way to respect the sexual rights of this population. Research Design: The focus is on residents with early to moderate dementia in states of daily dependency on professional caregivers. The article critically examines existing empirical research on sexuality among persons with dementia, caregivers’ attitudes, and institutional roadblocks to enabling residents’ sexuality. A relational lens and insights from disability studies are used in the philosophical analysis. Participants and Research Context: No research participants were part of this analysis. Ethical Considerations: This article offers a conceptual analysis and normative framework only. Findings: The analysis highlights the delicate balance that capacity assessments for sexual activity have to strike; while caregivers should protect those who cannot give adequate consent, the denial of sexuality among residents can cause deep, long-ranging harms. Sexual agency features into an ongoing sense of self for many individuals with dementia, and the imposition of inappropriate standards and expectations for sexual autonomy can lead to unwarranted obstacles to sexual activity. Discussion: Recommendations include developing clear and inclusive institutional policies and practices of care, providing education for caregivers on how to discuss and document residents’ sexual preferences over time, and taking advantage of ethics consultation services. Conclusion: This analysis establishes the need for more research and discussion on this sensitive topic. Future research should investigate the specific responsibilities of caregivers in furthering the sexual interests of residents, how exactly to modify existing capacity instruments, and how best to support historically marginalized patients in their sexual identities. (shrink)

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and (...) morality. This volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Disability in the Christian Tradition: A Reader Edited by Brian Brock and John SwintonKevin McCabeDisability in the Christian Tradition: A Reader EDITED BY BRIAN BROCK AND JOHN SWINTON Grand Rapids, MI: Eerdmans, 2012. 576 pp. $45.00Disability in the Christian Tradition makes an important contribution to the growing area of theological inquiry known as “theology of disability.” While questions of physical and intellectual difference are getting much-deserved (...) attention from religious ethicists and constructive theologians today, relatively little attention has been given to the treatment of what we now call “disability” throughout the history of Christian thought and especially in the premodern era. This volume seeks to remedy this situation by highlighting the theological consideration of disability in Christian thinkers from the patristic era to the present. Against tendencies to treat disability as a “special case” for thinking about humanity, this volume seeks to show the often overlooked presence of reflection on disability throughout the tradition.The volume pairs introductory and interpretive essays from contemporary scholars with primary source selections from each historical thinker. Essays on Augustine, Aquinas, and Luther help to correct the historical record, which often remembers these theologians as advocating rationalist or exclusionary anthropologies that marginalize or significantly compromise the humanity of persons with disabilities. These thinkers prove to be more nuanced and insightful than is often thought. However, as Brian Brock points out with respect to Augustine, and as Stefan Heuser points out with respect to Luther, [End Page 238] these figures are often ambivalent or at odds with themselves on the practical and theological significance of disability. Following the work started here, further interpretation and analysis will be needed in order to assess the legacies of these figures and to discern their usefulness for thinking about disability today. In this respect the reader serves as a helpful invitation for further historical and constructive work.Some of the finest essays in the volume focus on disability in order to illuminate the theologians under consideration in surprising ways. Christopher Craig Brittain’s essay on Kierkegaard appeals to his letters and manuscripts in order to show how questions of suffering, marginalization, and self-acceptance are crucial aspects of Kierkegaard’s understanding of being human and being Christian—and how his work might contribute to current debates in disability theory and theology. Bernd Wannenwetsch shows how Dietrich Bonhoeffer’s visit to a community for persons with disabilities in 1933 was a pivotal experience in the formation of his anthropology. Wannenwetsch compellingly argues that Bonhoeffer’s advocacy on behalf of the weak and disabled is integrally connected to his opposition to the destructive rival anthropology advocated under Nazi rule. These essays make important contributions both to our reflection on disability as well as to our understanding of Kierkegaard and Bonhoeffer’s wider thought.A variety of perspectives on the meaning of disability are on display in this volume. One comes away with the impression that the “dialogue with the communion of saints” (3) called for in the introduction might be more of a debate than a harmonious discourse. The historical thinkers featured here do not offer one Christian account of disability that might be set against modern and secular perspectives on disability, but they do offer much that is productive for ethicists and theologians today.This volume is important for anyone concerned with theological reflection on disability, but it would be a shame if the book’s readership were limited to such a group. Historical theologians and readers interested in the theological and ethical issues pertaining to Christian anthropology and questions of embodiment, suffering, and vulnerability will find much that is of value. Indeed, it is one of the lessons of the volume that disability is not just a marginal or trendy topic in the contemporary theological scene but a central aspect of human personhood that has played an important if complex role in the understanding of what it means to be human throughout the Christian tradition. [End Page 239]Kevin McCabeUniversity of Notre DameCopyright © 2014 Society of Christian Ethics... (shrink)

Sophists’ apologia. -/- Sophists were the first paid teachers ever. These ancient Greek enlighteners taught wisdom. Protagoras, Antiphon, Prodicus, Hippias, Lykophron are most famous ones. Sophists views and concerns made a unified encyclopedic system aimed at teaching common wisdom, virtue, management and public speaking. Of the contemporary “enlighters”, Deil Carnegy’s educational work seems to be the most similar to sophism. Sophists were the first intellectuals – their trade was to sell knowledge. They introduced a new type of teacher-student relationship – (...) the mutually beneficial communication on equal terms. They taught pupils how to think independently and how to persuade others, which was inseparably connected with the rise of democracy in the most advanced Greek polices. Sophists were the first to proclaim that all people are naturally equal. They put forward the idea of natural rights and social contract, working out the fundamentals of the present-day law. In addition, they developed the basics of philology, psychology, logic, and gave a scientific explanation to the origins of religions. They embodied definite positive ideals of their epoch. Sophistry flourished in the second half of the Vth through he first third of the IVth centuries B. C. The period coincides with the heyday of the entire Greek history – the so called Greek Miracle epoch. Sophists expressed some present-day concepts of Ancient Greek ideology and mentality, characteristic of its Golden Age times. The Ancient Athens of the times of Periclus were similar to the Florence of Renaissance as to the type of social structure. That is why (?) the art of eloquence (public speaking) was highly respected in Florence. The two cities had a lot of features of the present-day capitalist society, which was due to their role as the main centres of industry of their “worlds-economies”. During the subsequent Hellenic period, the Old Order was restored, based on the feudal rent recipients’ rule. The degradation of society resulted in the decline of sophistry. Sophistry represents the highest point in the evolution of Greek philosophy. It is also the most prominent school as to the novelty of its ideas. That was owing to the common propensity for innovation typical of Periclus’ Golden Age, which in its turn resulted from the establishment of the individualistic and rationalistic thinking similar to present-day mentality. Among other aspects, close attention was paid to ethnic issues; some humanistic ideas such as Master and Servant ethics and Enlightment as the primary condition of man’s freedom, received scientific grounding. The genre of philosophical dialogue was developed, as well as the rationalistic scientific gnoceology, aimed at consistently opposing any religion. Dialectics, the most outstanding achievement of the Antiquity, was also worked out by the sophists. Zeno of Helleas was one of the sophists. Democrites’ ideas were, too, quite close to dialectics. Socrates’ contemporaries regarded him ironically, as shown, for example, in the Aristophanes’ comedy “Clouds”. Nevertheless, this scholar can still be referred to as a sophist, although of somewhat weird personality. Socrates’ popularity, which came later, should be attributed to the fact that he was the first philosopher ever to have been sentenced and executed by law, rather than to any valuable scientific contributions. Sophistry as such, rather than Socrates, marks the line between pre-Socratic and post- Socratic schools. Plato, with the exception of his latest works, is considered to belong to the same philosophical school. Specifically, there are valid reasons to believe that he was paid fees by his disciples. In Plato’s Dialogues, all points of view will be proven and then disproved, so that an integral philosophical system is hard to observe. Plato’s “Idealism” is but one of the many possible theories. His ideal philosophy is a high-minded argument of wise men. As late as towards the end of his life, Plato betrayed the ideals of sophistry, turning into the world’s first proponent of totalitarianism. Sophistry is Greek classical literature. Later on, philosophy, as well as the entire Greek civilization, started to fall into decline. Over 500 subsequent years, Hellenistic-Roman scholars never came up with anything novel. The entire process of antique philosophical evolution can be subdivided into the following six stages: Phoenician (IX–VIIth centuries B. C.), archaic (VIth – the first half of IVth century B. C., classic (the epoch of sophistry: the second half of the Vth through the first decades of the IIIrd centuries B. C.), late antique (middle of the IIIrd – first decades of the VI th centuries B.C.) The fact that early in the VIth century B. C. sophistry was rejected in Athens, has a lot to do with the consequences of their defeat in Peloponnesian war, a social catastrophe. Ever since, the prevalent part of the criticism of sophistry is a criticism of sophists’ immoral ways of life and personalities, rather than the essentials of their philosophy. For instance, Aristotle’s criticism primarily concerns their pragmatism and tendency to make a profit out of teaching. However, Aristotle himself taught his disciples along similar lines, showing them how to “be able to prove both opposites”. It was Aristotle who summed up sophists’ century-long elaborations. The traditional modern interpretation of sophists as shown in Plato’s dialogues appears to be groundless. The truth of the matter is that Plato regards sophists as more serious philosophers than Socrates was. It becomes especially clear in the dialogue titled “Protagoras”, which shows the latter as gaining an undoubted victory over Socrates. Generally speaking, Plato’s works never regard sophists as weak or worthless opponents. A common opinion as to the essence of sophists’, in particular, Protagoras’s philosophy, has hitherto not been worked out. Many researchers renounce the very existence of any specific philosophical position in sophistry. The term “relativism” itself now has a bad name. However, it should be borne in mind that Protagoras doctrine emerged as a result of an attempt to get out of the ontological dead-end to which the entire Greek natural philosophy had come. To this purpose, he employed Anaxagoras’s idea about everything comprising everything, whereupon he built his physical-ontological theory, and Zeno of Helleas’s concept that all objects are such and different at the same time in the same respect. According to Protagoras’s philosophy, every object does not only seem, but is different from every other object, including human beings. Therefore, every person is his or her own measure of all other entities. The objective reality is the Ego’s relations with the outer world. Every object’s essence is defined through its interaction with ourselves. Nothing remains stagnant – every existence already contains non-existence, and vice-versa. However, the relativity of being is not to be regarded as absolute. That means, that relatively stable and therefore relatively cognizable entities do exist, among them the words we say. Doubt is not considered absolute by relativists either, which differentiates them from skeptics and agnostics. They dare to believe. Uncertainty is Godly – here, Protagoras becomes very close to the concept of apathetic theology. Gorgius shared Protagoras’s views and tried to prove them applying the same method as Zeno applied when upholding Parmenidis’s philosophy. He argued that if one accepts the opposite point of view and agrees that nothing can exist and not exist at the same time, one is bound to come to an the absurd conclusion that nothing is cognizable and nothing exists. To prove that there is a universal contradiction within the Existence itself, Protagoras and his followers in their turn put forward a number of special logical arguments, called rules of contraries, or sophisms. The most well-known of them is the Euathle’s sophism, which proves that an object can be such and different at the same time in the same respect. Generally speaking, all relationships of any entity are extraneous. The idea that all entities, including concepts, exist and do not exist at the same time, was also accepted by Plato. It should be stressed, that Plato’s philosophy as a whole is relativists’ greatest achievement. In his dispute against relativism, Aristotle put forward the main concepts of his ontology: the existence falls into the existence in possibility and the existence in reality, or substance and accidence – the ever changing “sublunary” world and the stable world of divine heavenly bodies. This division made his system self-contradictory to the point of absurd. Aristotle quite realized, that the direct disproof of relativism is hardly possible, which fact makes his criticism a mere tautology. It is very indicative in this respect that materialists, idealists and even skeptical agnostics applied the same arguments do disprove relativism. That demonstrates that the inner contradiction between any forms of “absolutism” and relativism is the most fundamental philosophical problem. Relativist ideas were repeatedly renewed throughout history, provided the social conditions were favourable. In variations, the concepts were advanced by Tzuan Tsi and ancient Chinese sophists, apostle Paul, Nicolas of Cusa, Galileo, Rene Descartes, G. Berkley, D. Hume, Ch. S. Pierce, E. Mach, A. Bogdanov, F. de Saussure, N. Bore, P. Feuerabend, U. Quain and others. However, no consistent relativist ontological system was developed after Protagoras. Meanwhile, a valid relativist theory could provide a clue to a fuller and more adequate general physical concept of the world, and to a deeper understanding of quantum mechanics. -/- Relativism as an ontological system of beliefs. -/- The relativist principle of relativity of all that exists is fundamental for the entire system of philosophy. Absolutely everything exists, but, at the same time, no existence is absolute. Anything is possible, but those entities only exist for us with which we interact this way or another, i. e., reality is interaction, “I interact – hence, I exist”. However, an overly close relationship between entities leads to non-existence – in other words, there is a certain existential optimum. For all of us, information, or perceptible heterogeneities, is real. Each of us is the center of a definite system of interactions with the world. If God is an endless Possibility, then the World is but the man’s dialogue with God. However, the ties that bind us with the world are of some definite kind, which predetermines our reality. The principle of relativity constrains itself, as any relativity is relative. On the one hand, that calls forth the Evil – caused by our own weakness. On the other hand, it makes our world relatively stable and cognizable. Generally speaking, the world is what we are. Everybody has an own Universe, but since people are fairly similar, our universes can be regarded as one Universe with common laws and regulations. It is possible for us to change the degree of objects’ existence in relation to ourselves and one another. It is equally important, though, to remain ourselves (keep following our “warrior’s path”). Since everything exists and no existence is absolute, the process of cognition should involve a criticism of everything but never a complete rebuttal of anything. The criterion of verity for any theory then is in its capacity to build itself upon a bigger number of diverse statements than in any other theory. Theoretically, all philosophies should ideally be complementary. The question of what in fact happened is meaningless unless we specify the “we”, the “where” and the “when”. The past can only exist as part of the present. When we change, our past undergoes corresponding qualitative objective changes, all of which are irreversible. The contemporary physics regards all objects of the Universe as existing for one another, which results in absurd conclusions. In fact, only what we interact with, exists. The so called “speed of light in vacuum” c is the maximum speed of direct interaction and direct exchange of signals. Specifically, at the oncoming speed c with a significant blue parallax the gamma-quantum is unable to interact with the matter. When this speed is reached, the gravitational mass of objects in relation to one another becomes equal to zero (imaginary), whereas their inertial mass equals infinity. Further acceleration will bring us into an entirely different Universe. That means that the Universe is an open system, which fact destroys all present-day cosmological models. Anything is possible in this world. Our reality is magic. Every bit of space contains a potentially limitless number of bits of other, however virtual, universes, as well as an infinite number of particles, which are still virtual for us (as postulated by quantum mechanics). In other words, there exists an infinity of different realities. With all the above in mind, the different levels of entities’ existence, in particular, of Life and Reason, should be taken into consideration. For example, to which extent a live system exists in relation to the inanimate forms of being is very indefinite, as what life is has to be determined by living creatures. An even greater compass of levels of existence can be brought about through interaction – that is the core idea of Godel’s theorem. As a result, the range of forms of existence tends towards infinity – the evolution of matter through super-intelligence will bring us up to God’s heights. A more generalized mathematical model of the physical world, including a universal operator of the co-existence of objects, can be developed based on the above considerations. The bonds between objects become weaker owing to 1) a high speed, 2) acceleration, 3) rotation, 4) strong gravity, 5) strong fields of other kinds, 6) the difference of levels of existence , 7) phase shifts. Yet, there always is an existential optimum. Such mathematical model is to operate certain non-transitive algebras. Relativist ontology assumes that the notion of “temperature” is relative, thus making it possible to ignore the Second Law of Thermodynamics. In its turn, that will allow for phase shifts. A perpetual motion machine of the second type will become a reality. Rotation could presumably be used to increase inertial and decrease gravitational mass, slowing down the time. An experimental research could shed light on the mentioned effects. (shrink)

In this article, I examine the legal position of those who perform caregiving work within the context of a cohabiting relationship through a novel relational vulnerability lens. I argue that the state, through privatising and devaluing caregiving labour, situates carers within an unequal and imbalanced relational framework, exposing them economic, emotional, and spatial harms. Unlike universal vulnerability, which is inherent and unavoidable, relational vulnerability can be avoided and reduced if the state were to acknowledge that humans are embodied and relational (...) rather than self-sufficient and rational. Law’s treatment of cohabiting carers reflects the state’s broader tendency to value economic self-sufficiency, while confining caregiving to the private family. I argue that the state has a duty to respond directly to relational vulnerability and should aim to make cohabiting carers resilient. Resilience must involve the provision of material resources but should also have a normative commitment to achieving autonomy and equality for those marginalised by law and state policies. (shrink)