The international community has long been affected by the political, philosophical and ethical issues surrounding the practice of tyrannicide, defined as the targeted killing of a tyrant. However, there exists no specific international legal instrument that concerns the practice of tyrannicide, rendering the legitimacy of the practice ambiguous. This paper aims to investigate the issue of tyrannicide and offers a number of speculative arguments concerning its legal-philosophical status. It finds that there are essentially two arms of international legal jurisprudence (...) that may regulate the practice of tyrannicide. The first is largely prohibitive and is based on the derived legal arguments against assassination involving the element ofperfidy, relevant extradition law, provisions in the Hague, Geneva and New York Conventions, and the prohibition on the use of force in the UN Charter. The second position, though far more radical and speculative, is more permissive regarding the moral legitimacy of tyrannicide. This position is based on arguments from the classical international theorists Gentili, Grotius and Vattel, contemporary human rights standards, the principle of humanitarian intervention, the duty to protect, and legal category of hostis hutnani generis. It is argued that though the vast majority of international legal principles are indicative ofthe illegality oftyrannicide, that the practice may nevertheless be philosophically legitimated under humanitarian principles. (shrink)

In 1989 the Oregon Legislature voted not to wait any longer for national leaders to serve up a solution to the problem of the millions of Americans (450,000 in Oregon) who are uninsured for health care. Under the leadership of Senator John Kitzhaber, President of the Oregon Senate, the lawmakers put together a package of bills designed to bring every Oregonian the security of third party financing for needed health care. The Oregon Plan's key innovation is the idea that, from (...) a societal perspective, some health services can be declared more important than others. From that central idea came the thought that the whole range of health services could be arrayed to reflect social priorities relevant to Medicaid budgeting and the design of new health insurance programs for “the uninsured.”. (shrink)

The main question informing this paper is whether it is possible to extend democracy beyond its liberal forms. The paper reflects upon this question with regard to its implications for the individual. For the radicalization of democracy implies a need for self-transformation, if the everyday egoism of contemporary citizens is not to thwart reasonable discussion and participation. Theorists such as Richard Rorty argue that the philosophical resources required to guide such self-transformation can be made available only by sacrificing the political (...) freedom and cultural diversity liberalism has been able to precariously establish. Other theorists insist that the thresholds of pluralism and tolerance that existing liberal democracies are struggling to maintain actually require an extension of democracy. The paper evaluates two different theoretical strategies that aim to identify potentials for democratization without falling prey to the dilemma identified by Rorty: a ‘ deliberative’ strategy explicated with reference to Jürgen Habermas and an ‘existential’ approach represented here by William Connolly. Key Words: Connolly • democracy • existential • Habermas • individual • proceduralism • Rorty. (shrink)

A romance with the concept of community has long characterized activist healthcare movements and has more recently been taken up by academic medical centers as a sign of virtuous civic engagement. During the late 1960s, the word community, as deployed by administrators at prestigious AMCs, became increasingly politicized, commodified and racialized. Here, we analyze how the concept of community was initially framed in the 1963 Community Mental Health Centers Act, the first legislation to establish community (...) mental health centers in America. We then examine the Health Policy Advisory Center’s analysis of the proposed Washington Heights Community Mental Health Center to be run by Columbia University’s College of Physicians and Surgeons, an institution that had historically neglected residents’ health needs. Community pushback against Columbia’s plan to build a multi-block center, amplified by medical students and residents critical of the professionalized community mental health movement, escalated in the late 1960s, leading the city’s planning board to reject Columbia and approve a community council’s plan for preventive and rehabilitative local services. These conflicting overtones of “community” still inform understandings of the word in medicine today; thus, a critical historical analysis of “community” is warranted. (shrink)

This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that (...) the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument. (shrink)

Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal liability (...) for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utter- ance, rather than on the actual speaker’s claimed communicative intentions. (shrink)

This book offers a radical new understanding of law, beyond the confines of its formalization by the state. The book takes off from the late work of Gilles Deleuze and Michel Foucault, for whom law and its institutions came to be liberated from an ideological perspective that had treated them as sterile instruments for the reproduction of domination. Engaging its continental history, it addresses the concept of law, not merely as a 'command', but as the result of a much more (...) complex legal operation aimed at dynamically stabilizing the social relations of a community. The book thus sidesteps the usual legal-political focus on those - from Hobbes to Schmitt - who have contributed to the categorical scheme of the modern state, and with it questions of political representation, sovereignty, the rigid distinction between public law and private law, and so on, as it pursues an alternative theoretical trajectory through Ravaisson, Tarde, and Hauriou. Politics, the book maintains, can be no longer be treated simply through the state form. And, relatedly, the law must be seen as a living law: a law that cannot be treated exclusively in formal terms, but must be taken as a grammar capable of articulating a politics of process, relationality, and innovation. Reconceived as such, law can then circumvent the aporias that arise when society is viewed as a private company, and the state seen as the bearer of the only possible means of formalizing its relationships. At the intersection of law and political theory, this book will speak to scholars and others with interests in both these areas, and especially those concerned with the limits of both conventional and critical approaches to law. (shrink)

BackgroundHIV prevention research in resource-limited countries is associated with a variety of ethical dilemmas. Key amongst these is the question of what constitutes an appropriate standard of health care (SoC) for participants in HIV prevention trials. This paper describes a community-focused approach to develop a locally-appropriate SoC in the context of a phase III vaginal microbicide trial in Mwanza City, northwest Tanzania.MethodsA mobile community-based sexual and reproductive health service for women working as informal food vendors or in traditional (...) and modern bars, restaurants, hotels and guesthouses has been established in 10 city wards. Wards were divided into geographical clusters and community representatives elected at cluster and ward level. A city-level Community Advisory Committee (CAC) with representatives from each ward has been established. Workshops and community meetings at ward and city-level have explored project-related concerns using tools adapted from participatory learning and action techniques e.g. chapati diagrams, pair-wise ranking. Secondary stakeholders representing local public-sector and non-governmental health and social care providers have formed a trial Stakeholders' Advisory Group (SAG), which includes two CAC representatives.ResultsKey recommendations from participatory community workshops, CAC and SAG meetings conducted in the first year of the trial relate to the quality and range of clinic services provided at study clinics as well as broader standard of care issues. Recommendations have included streamlining clinic services to reduce waiting times, expanding services to include the children and spouses of participants and providing care for common local conditions such as malaria. Participants, community representatives and stakeholders felt there was an ethical obligation to ensure effective access to antiretroviral drugs and to provide supportive community-based care for women identified as HIV positive during the trial. This obligation includes ensuring sustainable, post-trial access to these services. Post-trial access to an effective vaginal microbicide was also felt to be a moral imperative.ConclusionParticipatory methodologies enabled effective partnerships between researchers, participant representatives and community stakeholders to be developed and facilitated local dialogue and consensus on what constitutes a locally-appropriate standard of care in the context of a vaginal microbicide trial in this setting.Trial registrationCurrent Controlled Trials ISRCTN64716212. (shrink)

Some critics question new natural law theorists’ conception of the common good of the political community, namely, their interpretation of St. Thomas Aquinas and the conclusion that the political common good is primarily instrumental rather than intrinsic and transcendent. Contrary to these objections, the common good of the political community is primarily instrumental. It aims chiefly at securing the conditions for human flourishing. Its unique ability to use the law to bring about justice and peace and promote virtue (...) in individuals may make the common good of the political community critically important. Nevertheless, it is still not an intrinsic aspect of human flourishing. Unlike the family or a religious group, membership in a political community is not an end in itself. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Corrupting Youth: Political Education, Democratic Culture, and Political TheoryJennifer RobertsJ. Peter Euben. Corrupting Youth: Political Education, Democratic Culture, and Political Theory. Princeton: Princeton University Press, 1997. xvi 1 271 pp. Cloth, $55, £37.50; paper, $18.95, £13.95.Who, Socrates asks Meletus, improves the young men of Athens? The laws, Meletus replies. But which people, Socrates wants to know, which men? These very dicasts here. All of them, Meletus, or just (...) some? Oh, all of them. Goodness; and what about the audience? Them too? Yes, them too. And the members of the Boule? Certainly. And the men in the Assembly? Yes, them too. In other words, Meletus, what you are saying is that absolutely everyone in Athens improves young men except me. Is that right? Yes, that is exactly right, Meletus replies.Socrates has succeeded in making a fool of Meletus precisely because the question of “improving” the young (or anyone else) is so problematic. In this wide-ranging study of political thought in classical Athens, Peter Euben locates Greek explorations of the civic community, and how one educates people for it, in the context of contemporary debates over higher education in the United States. Taking as a springboard (and a title) the accusation of corrupting the youth made against Socrates at his trial, Euben seeks to mediate the claims of “canonists,” who advocate a focus on classical texts on the grounds that they instill Values with a capital V, and “multiculturalists,” who are suspicious of such texts, believing them to embody the narrow and bankrupt values of dead white males—dead white slave-holding males at that. His strategy is to stress what he sees as the polyphonal and multivocal nature of the Athenian corpus, emphasizing the impossibility of these revered but disparate texts’ “teaching” any virtue other than that of constant scrutiny of self and other. The texts he examines, moreover—tragedy, comedy, and dialogue—often deal directly with the question of education for democratic citizenship, a project dear to Euben’s heart.To do this, of course, Euben must demonstrate a pro-democratic agenda in both tragedy and Old Comedy, and here I think he succeeds, although the matter is far from simple; and then there is the question of Socrates/Plato. Readers will probably be persuaded by his arguments in the following order: Sophocles’ Antigone, yes; Aristophanes’ Clouds, maybe; Plato’s Gorgias, very dubious. It is in its discussion of the troubling Gorgias that Euben’s book is most challenging and provocative.Demonstrating multiple voices in Antigone is not a daunting task. The play works as a pro-democratic statement on many levels, beginning with its very surface. Most simply, Haemon and the chorus appear to embody the voice [End Page 621] of reason against Creon’s rigidity and vulgarity, and Haemon explicitly sides with the chorus against his autocratic father. At a deeper level, however, the polyphony of the play represents what Euben sees as the multivocal nature of democratic debate, as the conflicting claims of law and family are both enacted and articulated on the stage. Here, as elsewhere in the book, he finds the process of deliberation and analysis intrinsically democratic and gives it as least as much weight as the conclusions to which it leads, if not more.Creon, who rejects discussion and deliberation and associates yielding with unmanliness, seeks to deny the richness and complexity of human life and the human community. If Creon stands for autocracy, does the equally rigid Antigone then represent democracy? It would seem to me that she does not, since the primacy she gives to religious over civic obligations appears to place her in the camp of the female/religious force that Aeschylus rejected in the Oresteia as pre-democratic, replacing it with the patriarchal state of men and civic laws as the Furies are tamed and the rulings of male juries are constituted as the laws of the community. Euben, however, puts forward an interesting argument to the opposite effect: while Creon, he writes, “may regard Antigone as the amorphous anarchic symbol of womanly power, it is worth recalling that conservatives regarded Athenian democracy the same way” (171). (We might... (shrink)

This essay is an attempt to understand the significance of Barth's redefinition of the "law/gospel" rubric for political theology. Barth's thought is exposited at length, and illumined by comparison with Luther and Calvin. Luther emphasizes the distance between gospel and the law, distinguishing between serving God in the secular regiment, and serving Christ in the spiritual regiment. He thereby challenges the improper relation of state and church, but does so in a manner that can lead to a passive dualism. Calvin (...) holds that preaching the law to the state includes preaching the gospel; thus, the church has a positive vision against which it can evaluate the state's service to God in Christ. This leads, however, to the danger of a 'clerical guardianship' of the state. Barth finds a positive connection between the two governments in the fact that both communities are based in Christ, in whom the gospel is their law. This grounds his high view of the state as predecessor to the heavenly kingdom, as well as a prophetic mission of the church to the state. This does not lead to a new Christendom, however, first, because Barth hopes not for a kingdom wrought by human hands, but for the Theocracy of God, and second, because Barth sees the fallen reality of both church and state, the state pagan and violent, and the church a poor witness. In the end, though Barth makes a strong case for supporting theological critique of the state, while avoiding Constantinianism, he is unable to solve the problem of how to connect the gospel and the law in the civil community. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Gonzales v. Oregon and the Politics of MedicineRonald A. Lindsay (bio)Throughout 2005, the morbid joke on Capitol Hill was that the twin inevitabilities of "death and taxes" had been replaced by "death politics and taxes." There seemed to be some truth in this observation given the highly publicized intervention by some members of Congress in the Schiavo case and the continuing controversy over government regulation of end-of-life (...) care. The Supreme Court's recent decision in Gonzales v. Oregon (74 U.S.L.W. 4068 (17 January 2006)) has resolved one of the critical issues relating to this controversy by holding that a physician may prescribe controlled substances to provide assistance in dying if such a practice is authorized by state law and not expressly prohibited by federal law. However, other issues remain. In fact, the Court's decision has underscored some of the reasons why there is not only continuing controversy over end-of-life care, but also over other aspects of the practice of medicine. First, it is apparent there is no consensus among health care professionals about the precise boundaries of the legitimate practice of medicine. Second, the regulation of the practice of medicine traverses ill-defined legal territory. In particular, there is significant uncertainty concerning the implications of some regulations as well as the allocation of regulatory authority between and within state and federal governments. This uncertainty leaves substantial room for political maneuvers.Before discussing the politics of medicine, it is worth looking at the regulation of controlled substances in some detail both because this review will provide the necessary background for understanding the ruling in Gonzales v. Oregon and because it will illustrate the uncertainty resulting from multiple sources of regulatory authority.Federal and State Regulation of Controlled SubstancesSince the Pure Food and Drug Act of 1906, the federal government has regulated certain aspects of the distribution and administration of drugs deemed susceptible to abuse. The current primary vehicle for federal regulation is the Comprehensive Drug Abuse Prevention and Control Act, enacted in 1970, of which Title II is known as the Controlled Substances Act (CSA) (21 U.S.C. § 801 et seq.). A [End Page 99] "controlled" substance is just that, a substance that is regulated under the CSA. The CSA classifies controlled substances in five categories or schedules based on their potential for abuse, their accepted medical use, and the risks associated with their use under medical supervision. Schedule I substances have a high potential for abuse and have no currently accepted use in medical treatment. Schedule II-V substances are approved for medical use but are subject to a descending hierarchy of restrictions on their use. To give a lawful prescription for a controlled substance, a physician must be registered with the appropriate federal agency, currently the Drug Enforcement Administration (DEA). Moreover, to be valid, such a prescription must be issued for "a legitimate medical purpose" (21 U.S.C. § 830(b)(3)(A)(ii)).There is little dispute that the primary purposes of the CSA are to control drug abuse and to eliminate illicit trafficking in drugs. In accomplishing these objectives, there is a division of responsibility among various federal agencies, in particular the Department of Health and Human Services and the Department of Justice. Of particular relevance to the controversy in Gonzales v. Oregon is the Attorney General's authority to revoke a physician's registration for prescribing controlled substances if the physician's registration would be inconsistent with the public interest.All 50 states have their own statutes and regulations that address various aspects of the distribution and administration of controlled substances. Most states have adopted versions of the model Uniform Controlled Substances Act, which largely mimics federal law, but several states have placed additional restrictions on a physician's ability to prescribe controlled substances, including time limits on the validity of a prescription and limits on the quantity of a drug that can be prescribed. States are the primary, but by no means the exclusive, source of regulation of medical practice in general. States license physicians, establish boards and agencies to regulate the actions of physicians, and promulgate rules and guidelines to which physicians... (shrink)

Karl Popper is famous for favoring an open society, one in which the individual is treated as an end in himself and social arrangements are subjected to critical evaluation, which he defends largely by appeal to a Kantian ethic of respecting the dignity of rational beings. In this essay, I consider for the first time what the implications of a characteristically African ethic, instead prescribing respect for our capacity to relate communally, are for how the state should operate in an (...) open society. I argue that while an under-appreciated Afro-communal moral foundation does not prescribe a closed society, it supports an open society politics and law of a sort different from the one that Popper specifies. For Popper, the state in an open society should improve social arrangements albeit without seeking to promote a particular conception of the good life, should protect rights that merely serve the function of facilitating individual choice, and should employ majoritarian democracy to be able to avoid unwelcome rulers and policies. On all three counts, I show that a relational ethic typical of the African philosophical tradition, but having broad intuitive appeal, entails different, intuitively attractive approaches to politics and law. (shrink)

Andrew Tooke's 1691 English translation of Samuel Pufendorf's De officio hominis et civis, published as The Whole Duty of Man According to the Law of Nature, brought Pufendorf's manual fo statist natural law into English politics at a moment of temporary equilibrium in the unfinished contest between Crown and Parliament for the rights and powers of sovereignty. Drawing on the authors' re-edition of The Whole Duty of Man, this article describes and analyses a telling instance of how--by translation--the core (...) political terms and concepts of the German natural jurist's 'absolutist' formulary were reshaped for reception in the different political culture of late seventeenth-century England. (shrink)

Concerns for safety and security as South Africa’s hosting of 2010 FIFA World Cup draws nearer highlight the degree to which South Africa’s reputation for a relatively peaceful transition from Apartheid has been replaced by its reputation for violent crime. Its transition, and the peacebuilding efforts that followed it, are not completely unrelated to its current high levels of violent crime. In fact, this article argues that there were a number of issues South Africa’s peacebuilding process failed to address that (...) are relevant to the country’s violent crime situation. A significant reason for this failure was an inability or unwillingness to engage the full spectrum of Apartheid’s violence with equal rigour. Apartheid inflicted structural violence, through its racially oppressive laws, as well as physical violence, through enforcing its laws and suppressing its opposition, on the people of South Africa. Peacebuilding in South Africa primarily focused on Apartheid’s physical violence. Through the work of the Truth and Reconciliation Commission, the focus was narrowed down further to physical political violence. Due to this narrow focus, it did not attend effectively to non-political violence – which includes gender-based violence, the esteem violence had attained during and due to Apartheid, disarming the country of illegal firearms, and narrowing the income gap between the country’s rich and poor. While South Africa proudly claims ownership of its conflict resolution and peacebuilding processes, it still emulated predominant models of building peace through liberal democracy and a market economy. These models have been drawn from Western success stories in diminishing interstate conflict, while South Africa is a developing country that was recovering from an intrastate conflict. Pursuing these models has had benefits for South Africa, but not in many of the ways it needed in order to effectively prevent a surge in criminal violence in the wake of Apartheid. (shrink)

The law and policy applicable to the not-for-profit sector is of growing importance around the world. In this book, legal experts address fundamental questions about not-for-profit law from a range of theoretical and comparative perspectives. The essays provide scholarly analysis of not-for-profit law, organised around four themes: Politics, in the broader sense of living as a community, and the narrower sense of political power; Charity, how it is defined and changes in its meaning over time; Taxation, including the (...) rationale for government support of the sector through the tax system; Regulation, which is of increasing significance as governments establish increasingly complex forms of regulation of not-for-profit activity. The fundamental aim of the book is to deepen our understanding of not-for-profit law and of the rationales and modes of government support for the not-for-profit sector. (shrink)

With contributions from leading experts across disciplinary fields, this book explores best practices from the field's most notable researchers, as well as important historically based and politically focused challenges to a field whose impact has reached an important crossroads. The comprehensive and powerfully critical analysis considers the history of community engagement and service learning, best teaching practices and pedagogies, engagement across disciplines, and current research and policies - and contemplates the future of the field. The book will not only (...) inform faculty, staff, and students on ways to improve their work, but also suggest a bigger social and political focus for programs intended to seriously establish democracy and social justice in their communities and campuses. (shrink)

The concept of community is increasingly the focus of political argument in Britain, the United States and elsewhere around the world. The sense people have of belonging to coummunities provides a powerful motivation which continues to affecct the political and social face of the world. Recently, debate about the relationship between individuals and their communities has become central to the making of both, American and European social policy. In the United Kingdom this is especially apparent in the area (...) of health care, where ideas of community have informed recent legislation concerning community care, community health trusts and the Children Act among others. This volume explores the focus of interest in community and the emerging theoretical oppostion between communitarianism and liberalism, as well as the practical, theoretical and ethical issues relating to community in the health care professions, including a discussion of the health service as Civil Association, an analysis of liberal and communitarian views on the allocaiton of health care resources, an exploration of the use of genetic information and an examination of health care decision making for incapacitated elderly patients. (shrink)

In this article, I argue that law has two oftenneglected functions: the expressive and thecommunicative functions. They are especially importantfor legislation on moral issues, such as biomedicalethics and anti-discrimination law. The communicativefunction of law is a complex one: law may create anormative framework, a vocabulary to structurenormative discussions, as well as institutions andprocedures that promote further discussion. Theexpressive function of law is at stake when itexpresses which fundamental standards, which valuesare regarded as important. The recognition of thesefunctions is not only (...) important for descriptivepurposes; it is also fruitful for normative theory. (shrink)

This paper explores an approach to the implementation and evaluation of integrated health service delivery. It identifies the key issues involved in integration evaluation, provides a framework for assessment and identifies areas for the development of new tools and measures. A proactive role for evaluators in responding to health service reform is advocated.

As the subtitle indicates, this book is a bibliography. The author’s purpose was to present the important works of philosophical ethics and those of the social sciences as they relate to ethical problems, especially in economics, law, politics, and sociology. Each of these fields is given a full chapter of roughly 50 pages, while the chapter on ethics itself covers 70 pages. Each chapter begins with a few preliminary remarks which, in one page, sketch the most important philosophic topics (...) in that field. The listings in each chapter are then arranged under the following headings: introductory bibliographies to the field; references to general studies ; references to studies of particular periods; to particular countries; to special questions; and to periodicals. The bibliographical study should be of value to anybody interested in interdisciplinary research. It gives one an immediate clue where to go in pursuing an interdisciplinary problem in the field of social sciences, but unfortunately not in all of them. Linguistics and anthropology are totally absent, and psychology has unfortunately no separate place in the book, although one can find it under special headings. While the study can therefore not be called a bibliography of all the social sciences, it is nonetheless truly remarkable in its scope. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Solon and Early Greek Poetry: The Politics of ExhortationGregory HaysElizabeth Irwin. Solon and Early Greek Poetry: The Politics of Exhortation. Cambridge Classical Studies. Cambridge: Cambridge University Press, 2005. xiv + 350 pp. Cloth, $90.Thirty years ago we understood archaic Greek elegy pretty well—or so we imagined. The elegists sang of the new developments of the archaic period, above all the rise of the polis. They wrote (...) first-person poetry celebrating their own individuality; most modern anthologies open emblematically with Archilochus's... They invoked the phraseology of epic only to reject its values: Homer's aristocratic warriors retreated in disarray before the bandy-legged general of the mercenary Archilochus. The arrival of the citizen soldier was reflected in Tyrtaeus and Callinus, whose exhortations hoplites chanted as they marched into battle. Solon was a little harder to accommodate in this picture: an odd hybrid of Jeremiah and Polonius, rising to occasional grandeur, but weak on logic and organization. Still, his praise of Eunomia helped bridge the gap between Homeric naiveté and the abstract thinking of the fifth century. And of course there was that law code...This explanatory model reflects the Geistesgeschichte approach of Bruno Snell, Hermann Fränkel, and Werner Jaeger, and it has been notably tenacious. But as a tool for explaining elegy (and lyric generally) it has come to seem pretty dated. Archilochus's "I" was problematized as early as 1964 in K. J. Dover's contribution to the Fondation Hardt Archiloque volume. But it was in the 1980s that the ice really started to break up. In an influential article (JHS 106 [1986] 13-35), [End Page 427] Ewen Bowie stressed the symposium's centrality as the performative context for elegy, thus making conservative aristocrats the genre's primary consumers (so much for the citizen soldier and the rising middle class!). The rise of "cultural poetics" left archaic society—and its poets—looking much less familiar. Finally, the conventional relationship between elegy and epic was being reexamined. Many supposed Homeric allusions melted away under closer examination (notably in Robert Fowler's The Nature of Early Greek Lyric [Toronto, 1987]). Recent scholarship has proposed dramatically later dates for the stabilization of the Homeric poems, calling into question their priority to lyric even in a chronological sense. The old picture of elegy as an archaic response to a monolithic "epic" has given way to theories of an ongoing and dynamic dialogue between (and within) both genres.These trends are reflected in Elizabeth Irwin's study of Solon, a revised version of her 1999 Cambridge dissertation. It also reflects renewed interest in the poet, appearing soon after commentaries by Maria Noussia (2001) and Christoph Mülke (2002) and almost simultaneously with a collective volume edited by Josine Blok and André Lardinois (Solon of Athens: New Historical and Philological Approaches [Leiden, 2006]), to which Irwin has contributed. Along with Solon, Irwin focuses on Callinus and Tyrtaeus, and one of her stated goals is "to help us unlearn what we think we know about this poetry and its historical significance" (18).The book is divided into three parts. In part 1 ("The Politics of Exhortation") Irwin examines the tradition of martial exhortation represented by Tyrtaeus and Callinus. The conventional view had these poets discarding Homer's individualistic front-fighters in favor of the new citizen-armies of the polis— is now a civic virtue. But as Irwin observes, "fighting for one's fatherland" is not alien to Iliadic values. For her, the similarities between martial elegy and epic outweigh any differences. As she notes, the evocation of future warfare in sympotic elegy mirrors a corresponding appeal to past feasting in the exhortations of the Iliad. Martial elegy provides (or sees itself as providing) an off-duty complement to Homeric warriors' battlefield vaunts—the sort of thing Sarpedon might have directed to Glaucus back in Lycia while the slave-boys were refilling the goblets. Such Iliadic self-fashioning constructs its sympotic audience not simply as heroic, but specifically as a heroic elite. While martial elegy may pay lip service to the polis, its center of gravity is elsewhere. Thus Tyrtaeus fragment 11W can conclude with patronizing advice to the... (shrink)

With An Answer to the Question: What Is Enlightenment? (1784) and What Does It Mean to Orient Oneself in Thinking? (1786), Kant presents the concept of public use of reason and defines its requirements, scope, and function. In outline, the public use of reason consists in sharing one’s thoughts with “the entire public of the world of readers” (8:37). As for its requirements, to the extent that someone communicates in their own person, i.e. not in the exercise of their function (...) as a public official, and bases their reasoning on universalizable grounds, their use of reason qualifies as public and shall be free from state censorship. Therefore, Kant’s concept of public use reason aims to establish a public debate that is free and includes in its scope, both as subjects and recipients, potentially all adult men. The ultimate function of the public use of reason is to foster moral progress and, with it, the reform of the political community according to the republican ideal. However, it is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, deprives his notion of public use of reason of its progressive core and adjusts it to the absolutist conception of speech and civil service. Characterizations of state officials as “not free to make public use of their learning” (7:18) and “bound to uphold whatever […] the crown sanctions for them to expound publicly” (7:8), as well as the depiction of laypeople as “incompetent” (7:18) and “resigned to understanding nothing about [the sciences]” (7:34), have led influential interpreters to read Kant as redefining his notion of public use of reason by restricting its subjects to university professors and its recipients to government members (e.g. John Christian Laursen 1986, rpt. 1992 and 1996; Kevin Davis 1992; Steven Lestition 1993; Jay Franzel 2013). On my reading, with The Conflict of the Faculties, Kant does indeed redefine the concept of public use of reason making concessions to the absolutist notion of speech and civil service. However, a close reading of the text reveals that the public use of reason ends up being reaffirmed in its progressive core and extended in its scope. To substantiate my interpretation, I will systematically analyse and classify each of the 68 occurrences of the adjective ‘public’ in The Conflict of the Faculties and show how Kant employs the absolutist vocabulary to convey the progressive project of his previous writings. Accordingly, I argue that Kant holds on to the free public use of reason as a means to reform politics according to the republican ideal and that the employment of the absolutist vocabulary is motivated by a pragmatic attitude and a provocative stance. (shrink)

A bold new interpretation of Aristotelian thought is central to Bernard Yack's provocative new book. He shows that for Aristotle, community is a conflict-ridden fact of everyday life, as well as an ideal of social harmony and integration. From political justice and the rule of law to class struggle and moral conflict, Yack maintains that Aristotle intended to explain the conditions of everyday political life, not just, as most commentators assume, to represent the hypothetical achievements of an idealistic "best (...) regime." By showing how Aristotelian ideas can provide new insight into our own political life, Yack makes a valuable contribution to contemporary discourse and debate. His work will excite interest among a wide range of social, moral, and political theorists. (shrink)

Words can mean different things to different people. This can be problematic, mainly for those working together in a bureaucratic institution, such as the secret service. Shared, certified, explicit and codified definitions offer a counter to subjective, solitary and/or culturally dominant definitions. It’s true that codified secrecy terms for secret services can be seen to involve a number of political, cultural, subcultural “languages”, but if words come from unclassified or declassified files, memorandums and/or records, one needs a deep understanding (...) of the secret services. A remarkable feature of this bureaucratic language is the evolving nature of, certain “keywords” as important signifiers of historical transformation. Thus, the changes in the language of the secret services depends at least as much on the internal changes of the secret services as on the transformation in the external political-social environment. In spite of the confusion of Hungarian secret services in the revolutions of 1918–1919 and the disintegration of the Austrian-Hungarian Monarchy, in the early 1920’s became a stable system. Between the two World Wars, the Hungarian State Police directed by the Ministry of Internal Affairs, the Military Intelligence and Counter-Espionage directed by the Ministry of Defence, and the Hungarian Royal Gendarmerie directed by both of the Ministries had their own operational service. This structure existed unchanged until 1945. Simultaneously with the forward advance of the soviet troops, government began to re-establish the former system of the secret services in the eastern part of the country. After WWII, in 1946, the “State-protection Department” as political police became independent from the police. However, from the beginning, they remained under the control of the Communist Party. After 1950, the State Security Authority provided special services for the MIA and the Military Political Directorate of the MoD. After quashing the revolution in 1956, in the spring of 1957, the MIA Political Investigation Department was established which—with slight modifications—kept the structure created during the “state protection era”. The MIA III. The State-Protection General Directorate was established in 1962. The reorganization was finalized in the middle of the 1960’s, which resulted in the new system, which—with the structure of Directorates—became the ultimate structure of the state secret police until the abolishment of the MIA General Directorate III in January 1990. These organizational transformations were largely the result of exogenous historical-political changes. Moreover, each new period had a major impact on the organizational communication, language use and vocabulary of the secret services. This study seeks to interpret these historical transformations. (shrink)

In this analysis I apply a Foucauldian approach to ethics to examine the politically prescribed moral and ethical character required of carers of aged persons at home in Australia and the role of nurses in shaping these behaviours. The work that spousal carers provide, although often founded on love and/or obligation, has been formalized through a variety of policy initiatives and technologies that serve to construct the moral approach they must adopt. This shaping of conduct at the most personal level (...) takes place through the application of codes of behaviour policed largely by nurses. These codes redefine the mode of coexistence between an aged husband and wife and propose a new form of relationship that is derived from and supports policies of the deinstitutionalization of care services for elderly persons. In this way modern carer policy has drawn on knowledge and governance of the self to produce a morality of caring that is both authoritative and scientific. (shrink)

This article formulates a new approach to combating corruption in Uganda. In pursuit of this research, the author highlights the chronicity of corruption in Uganda, which is uniformly political and bureaucratic. Bureaucratic corruption takes place in service delivery and rule enforcement. It has two sides: demand-induced and supply-induced. Political corruption occurs at high levels of politics. There are 'political untouchables' and businessmen who are above the law and above institutional control mechanisms. The established institutions of checks and balances in (...) Uganda have assiduously continued to have a limited bearing on corruption. Neither coherent anti-corruption norms nor severe formal sanctions are able to dishearten certain politicians and civil servants in Uganda from the deviant behaviour of structural corruption. Corruption is a spiritual departure from the law and standard of God. It is an action conceived in the human mind and carried out by the corrupt. Therefore, corruption deterrence not only lies in sound public financial management systems but depends to a large extent on having people with positive human character in all aspects of national life. This article thus provides the framework of corruption and discusses the manifestation of political and bureaucratic corruption in Uganda. It also exegetes the biblical stance regarding corruption. Finally, it proposes a panacea for combating political and bureaucratic corruption. (shrink)

This paper argues that the contemporary treatment within moral, political and legal philosophy of the issue of the effective and proper constraint (and, ultimately, also, direction) of power suffers from an absence of engagement with the following question: what picture of behavior - of those in power - should we adopt in order to consider how it might be constrained and directed? It is argued that the absence of engagement with this question can be explained by the dominance of the (...) rationalization of behavior, and the concomitant methodology of scrutinizing the role of rules in excerpts of short-term reasoning. The paper offers an overview of sources that can assist in providing an alternative picture of behavior. The paper is organized into three parts: the first considers the long-term development of perceptual and kinetic know-how; the second examines the social, institutional and community-based location of that know-how; and the third considers how the sources of the first two parts can help us in the necessary transition from an over-emphasis on legal language, to an emphasis on legal work. Combining all the elements together, legal work is defined as the institutional emergence of perceptual and kinetic know-how that necessarily accompanies the constraint - amassing and guidance - giving use of legal language. The emphasis on this picture of legal work can provide us with the tools that will not only allow us to design institutions and the resources used by legal officials to constrain the power exercised by them more effectively, but it will also allow us to consider what moral capacities we would like legal work to be informed by, and, equally, what kind moral institutional ways of life we might strive for. Those moral capacities and moral institutional ways of life, in turn, will have to be supplemented by a theory of social justice, the appropriate beginning of which is an understanding of how we can learn to see the great variety and pervasiveness of suffering and vulnerability. Only once we understand how we come to see suffering and vulnerability, can we consider how it will be appropriate to respond to it, i.e. to respond by considering what moral capacities are required to be exercised by officials, and how we might design our institutions so that they enhance moral institutional ways of life. (shrink)

This article discusses women and peace-building in Solomon Islands and the effect of law, theory and practical circumstances on their role. It looks at the place of Solomon Islands women in society historically, with particular reference to war and peace. It then analyses their current status from a legal perspective, looking at the existing Constitution, the proposed Federal Constitution, and relevant aspects of international law. It questions whether gender equity provisions are sufficient to promote participation at a practical level. The (...) article also disputes the effectiveness of various international, regional, and local initiatives, designed to enhance the status of women. The article discusses the application of some of the theories relating to women and peace-building to the circumstances of Solomon Islands. It concludes by looking to the future and discussing means of consolidating women’s position, and increasing their involvement in leadership and decision-making. (shrink)

Having been supressed and denied their rights by successive Syrian governments over the years, Syrian Kurds are now asserting a de facto autonomy. Since the withdrawal of the Syrian President's forces from the ethnically Kurdish areas in the early months of the current civil war, the inhabitants have declared a self-rule government along the lines of the Kurdistan regional government in northern Iraq. For Syrian Kurds, the creation of a small autonomous region is a dream fulfilled, albeit one unrecognized by (...) the international community. Some 15% to 17% of the Syrian population is Kurdish. Whether they can achieve statehood will depend on a reading of international law and on how the international community reacts. There are certain aspects which differentiate Kurdish self-rule in Syria from its counterpart in Iraq. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Kurdish Regional Self-rule Administration in Syria: A new Model of Statehood and its Status in International Law Compared to the Kurdistan Regional Government in IraqVolume 17, Issue 3LOQMAN RADPEY DOI: https://doi.org/10.1017/S1468109916000190Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Kurdish Regional Self-rule Administration in Syria: A new Model of Statehood and its Status in International Law Compared to the Kurdistan Regional Government in IraqVolume 17, Issue 3LOQMAN RADPEY DOI: https://doi.org/10.1017/S1468109916000190Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Kurdish Regional Self-rule Administration in Syria: A new Model of Statehood and its Status in International Law Compared to the Kurdistan Regional Government in IraqVolume 17, Issue 3LOQMAN RADPEY DOI: https://doi.org/10.1017/S1468109916000190Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

What makes political freedom valuable to us? Two well-known arguments are that freedom contributes to our desire satisfaction and to our personal responsibility. Here, Boudewijn de Bruin argues that freedom is valuable when it is accompanied by knowledge. He offers an original and systematic account of the relationship between freedom and knowledge and defends two original normative ideals of known freedom and acknowledged freedom. -/- By combining psychological perspectives on choice and philosophical views on the value of knowledge, he shows (...) how known freedom is crucial to satisfy our desires and assume responsibility. Known freedom is compromised when salespeople deploy consumer-obfuscation, or when news outlets use contextual framing techniques to steer the way their audiences process information. Conversely, carefully developed consumer protection and information disclosure regulation can foster known freedom. Acknowledged freedom, from ethical and economic perspectives, offers protection and makes our freedoms more stable. It embodies an ideal of mutual recognition that underlies informed consent and the ethics of communication, and can also contribute to a flourishing corporate culture. -/- This book integrates and extends cutting-edge research from philosophy, economics, psychology, and law to reorient debates on privacy, neuromarketing, sustainable finance, corporate culture, consumer protection, media violence, and freedom of speech. -/- An original account of the relation between freedom and knowledge, integrating cutting-edge research from philosophy, economics, psychology, and law; defends the ideals of known and acknowledged freedom; offers new perspectives on debates surrounding privacy, corporate culture, consumer protection, freedom of speech, and more -/- Introduction: Why Freedom is Not Enough 1:From Choice Overload to Discrimination: Arguments for Freedom 2:From Brainwashing to Neuromarketing: Freedom of Belief 3:From the Value of Knowledge to Skills and Stereotypes: The Individual Ideal of Known Freedom 4:From Common Knowledge to the Ethics of Communication: The Social Ideal of Acknowledged Freedom 5:Sustainable Finance and Responsible Investors 6:Ethics Management and Informed Stakeholders 7:Freedom of Speech and Consumer Autonomy 8:Liberal Privacy and Legal Protection Conclusion: How Freedom Can Be Sufficient . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Dr. Ambedkar and Untouchability: Fighting the Indian Caste SystemChristopher S. QueenDr. Ambedkar and Untouchability: Fighting the Indian Caste System. By Christophe Jaffrelot. New York: Columbia University Press, 2005. xiii + 205 pp.Outside of India, Bhimrao Ramji Ambedkar remains virtually unknown. Everyone knows that Mahatma Gandhi led the fight for Indian independence and that his nonviolent marches inspired Dr. King and the American civil rights movement. Most educated men (...) and women have heard of Nehru and some of the political and literary figures that India has produced in modern times. But few know of the first Untouchable to attend college, who went on to earn advanced degrees in the social sciences and law at Columbia University, the London School of Economics, and Grays Inn, who returned to India in the 1920s to launch a civil rights movement for Untouchables, [End Page 168] who drafted the constitution for the Republic of India as its first law minister, and who led a mass conversion to Buddhism weeks before this death.Dr. B. R. Ambedkar (1891–1956) is venerated by millions of Buddhist and low-caste followers in India today, and at the same time feared by politicians determined to preserve the Hindu caste system he vowed to destroy. Admirers call him Babasaheb Ambedkar or simply Baba, using a traditional term of respect for a guiding elder, and many use the greeting Jai Bhim (“Victory to Bhimrao”) within the Untouchable communities. Ambedkar is portrayed on ubiquitous wall calendars, public statues, and home altars alongside that of the Buddha, wearing a Western suit and tie, with the horn-rimmed glasses and pocket pens of a scholar and diplomat. Although widely regarded as a bodhisattva or Buddhist saint, he is never pictured in the robes of a holy man or entreated in prayer by his devotees. And while most of his campaigns for Untouchable human rights were driven back by the Hindu nationalists, many of the provisions of his path-breaking legislation were eventually adopted after his death. In the intervening decades, amid deepening polarization over his legacy, the state government of Maharashtra has published eighteen volumes of Ambedkar’s collected works and the government of India has bestowed on him its highest civilian honor, the Bharat Ratna.Given the dearth of Western scholarship on Ambedkar’s place in the history of modern India and the emergence of socially engaged Buddhism, I welcome Chris-tophe Jaffrelot’s Dr. Ambedkar and Untouchability: Fighting the Indian Caste System. As a social scientist and director of the Centre d’Études et de Recherches Internatio-nales (CERI) who has published more than a dozen books on South Asian politics, Jaffrelot is well qualified to assess Ambedkar’s life and thought. Drawing on a wide range of materials on the social reform movements of the nineteenth and twentieth centuries and Ambedkar’s contributions to sociology and politics, the author aims to redress Ambedkar’s neglect by Indian scholars before the 1990s, when the low-caste movement began finally to gain traction. However, he does not address the anomaly of Ambedkar’s neglect by all but a small circle of Western authors.1The strength of Dr. Ambedkar and Untouchability is its concise analysis of the geographical, political, and social context of Ambedkar’s career. Jaffrelot shows how British recruitment of the Mahars, members of Ambedkar’s lowly but numerous caste, for service in the colonial army resulted in disproportionate levels of literacy. Ambedkar was the fourteenth child in such a military family, whose father held the rank of major and served as a school master for the barracks. Both parents and all of Bhimrao’s uncles could read and write, compared to less than one percent of Mahars in village life. Moreover, in spite of his brilliance and determination, Ambedkar could not have continued his education without the financial support of Maratha maharajahs who opposed the Brahmins’ monopoly in education. “Ambedkar was the heir to a regional tradition; his struggle harked back to the anti-Brahmin movements which emerged in western Maharashtra from the mid-nineteenth century onward, a precocity that only the Dravidian South—the other key area of anti-Brahmin mobilization—could match.”Jaffrelot presents... (shrink)

Reason and Rationality in Health and Human Services Delivery is the first book to discuss the topic of decisionmaking and services from a multidisciplinary approach. It uses theory and social considerations, not just technology, as a basis for improved services. Health and human service students and professionals will learn how to form rational and reasonable decisions that take their clients'cultural backgrounds into consideration when identifying an illness or appropriating any kind of intervention. With a particular emphasis on (...) theories, models, organizational settings, technologies, and practitioner training methods that lead to culturally sensitive decisions, Reason and Rationality will help you deliver efficient and improved medical and social services to clients from all ethnic backgrounds. Recognizing reason as the centerpiece of most of Western philosophy, this text reveals how our idea of truth, fact, and order are wrongly thought to be universal; yet, Western principles are continually used in the decision-making process for health and social services. Focusing on the policy implications of decisionmaking in medical and social service settings, this text works to incorporate a broad range of factors into the reasoning process, such as cultural traditions and beliefs, that will result in better treatment for patients. Giving you suggestions and strategies for upgrading reasoning and decision-making processes and applying them to every area of service, Reason and Rationality discusses different themes that will help you improve services to patients, such as: the rationale currently used to justify decision-making strategies concerning medical and human services using computer technology to make clinical assessments revising administrative structure, management theories, and organizational strategies so that decision-making processes enhance the overall quality of service delivery how the practitioner/patient relationship is important in choosing the proper treatment soliciting community-based input to assess the public's health and human service needs in order to lessen political involvement in decision-making stages In addition, Reason and Rationality provides information and examples that show why you should consider the "life-world"--the values, beliefs, and commitments of a culture's history-- as the key to understanding the powers of reasoning that specify parameters of health and illness. (shrink)

This paper studies both Locke's Two Treatises of Government and Sidney's Discourses Concerning Government. It suggests that there is a much closer relationship between them than has usually been assumed. In particular, there is a community of language, and of argumentation, underlying their justifications of resistance. This hinges upon the rights, and the law, of war. This language was a Dutch inheritance: it derived specifically from Hugo Grotius' classic The Law of War and Peace (1625). But its development here (...) also drew upon two English contexts: both the political crisis of 1678-83 and the earlier experience of the English civil wars. I have argued elsewhere that the crisis of 1678-83, usually called the exclusion crisis, was at one level a reliving of the experience of the civil wars. It was the Restoration crisis, and it was triggered by a collapse of confidence in the Restoration settlement. Indeed beneath the constitutional veneer of the Restoration period as a whole -- a restoration of constitutional normality as superficial as it was brief -- lay the proximity, and eventually the fact, of political (and judicial) violence. It was within this context that there emerged, in the work of Locke and Sidney, an ideology of political and judicial violence that drew upon the experience of half a century of England's troubles. In so tracing their use of Grotius we will be considering the reflections of some of Early Modern Europe's most influential writers upon what was the primary political problem of their age. (shrink)

Nowadays democratic liberal societies face a rising challenge in terms of fragmentation and erosion of shared values and ethical pluralism. Democracy is not anymore grounded in the possibility of a common understanding and interpretation of the same values. Neverthless, legal and political philosophy continue to focus on how to reach consensus, especially through monist, objectualist, contractualist, discursive and deliberative approaches, rather than openly affording the issue of disagreement. Far from being just a disruptive force, disagreement and conflict are matters of (...) fact that no reflection on democracy can underevaluate. They are the major issues through which to look at the intersection of law, politics and morals. The inclusion of dissent is a powerful tool for moral recognition of different understandings of justice. That is where legal procedures become crucial. Law is a fundamental element in the building of a democracy. But it is also particularly exposed to disagreement. Language indeterminacy, dogmatic concepts and value pluralism constitute the main elements that lead to alternative and conflicting interpretations of law in a democratic framework. Major legal progress in the past has come from different understandings of the same legal materials. In this article I argue that respect for disagreement should be a moral principle in democracy and that the role of legal disagreement is essential to understand the evolution and the future directions of democracy as the government of a political community. To do so, a link between respect for disagreement and legal interpretation and argumentation must be established in order to make room for reason and avoid extreme skepticism on the contribution of law to the enforcement of democracy. (shrink)

How important is the concept of solidarity in our society's calculus of consent as regards the legitimacy and ethical and political support for public health, health policy, and health services? By the term “calculus of consent,” we refer to the answer that people give to rationalize and justify their obedience to laws, rules, and policies that benefit others. The calculus of consent answers questions such as, Why should I care? Why should I help? Why should I contribute to the (...) public provision of others? Consent here does not have to be a deliberate, explicit act of informed agreement. And a calculus does not have to be a quantifiable, quasimathematical operation; more often, such a calculus takes narrative form in stories that a society tells about itself and that individuals tell about their place in it. One vital function of bioethics is to inform and shape those stories. Bioethics has the potential to offer society a keener insight into and perception of what is ethically at stake in controversies concerning health, science, and society. This insight is what we shall refer to as a “moral imagination,” by which we do not mean make-believe or fantasy but, rather, the capacity to take a critical distance from the given, to think reality otherwise. The moral imagination enables one to see connections between factors at work in history, in large social and communal structures, and in the shape of one's own life, thoughts, and feelings. Here we are especially concerned with the contribution that the concept of solidarity can make to the moral imagination of bioethics. We contend that solidarity must become more widely active and explicit in bioethics analysis and argumentation as it endeavors to shape reasons for obeying norms and rules of common benefit in an open, diverse society. (shrink)

Debates about global justice tend to assume normative models of global community without justifying them explicitly. These models are divided between those that advocate a borderless world and those that emphasize the self-sufficiency of smaller political communities. In the first case, there are conceptions of a community of trade and a community of law. In the second case, there are ideas of a community of nation-states and of a community of autonomous communities. The nation-state model, (...) however, is not easily justified and is one that has been criticized extensively elsewhere. The model of a community of trade underlies both advocates of market-oriented development and exponents of global schemes of redistribution of resources and incomes. I analyze the work of Charles Beitz, Peter Singer, and Thomas Pogge to show that the assumption that global interdependence is beneficial is poorly justified. The model of a community of law, as seen in the work of Henry Shue and others, is the basis for arguments against state sovereignty and in favor of international human rights regimes. I argue that this model suffers either from a problem of practicability or of hegemony. Finally, the model of a community of autonomous communities uses notions of patriotism and sovereignty to maintain that disengagement and independence are the best routes to global peace and justice. (shrink)

The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...) identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Literature, Politics, and CharacterOliver Conolly and Bashshar HaydarWhat is the relationship between literature and politics? We might interpret this question in terms of causality. For example, we might ask whether literature has any effects in the world of politics and if so how. Auden famously proclaimed that poetry makes nothing happen, while it was central to Brecht's dramaturgy that theatre has certain political effects on its (...) audience. Conversely, we might see literature as an effect of political causes and claim that certain political environments give rise to certain types of literature, and that those political backgrounds thereby explain certain aspects of literary phenomena. Both kinds of causal relationship are at the heart of Marxist literary criticism, and of the many schools of academic criticism which share the Marxist assumption that individual consciousness, and its literary manifestations, are subordinate to political environment.These causal questions are important and interesting, particularly if approached with requisite critical tact. However, in this paper we would like to focus on the epistemological and normative questions of whether literature is suited to communicate political knowledge or insights, and whether we value, or rather ought to value, literature for such communication. These two questions are in our view intimately related. While there is no doubt that literary works can be made to communicate virtually all kinds of knowledge, from knowledge about the Big Bang to knowledge how to smuggle illegal immigrants into First World countries, these kinds of knowledge are not what we go to literature for. We go to literature and value it for giving us knowledge which it is peculiarly suited to communicate. It is natural to praise a novel for its insight into, say, character but odd to praise a novel for its [End Page 87] insight into, say, meteorology. This is because literature is suited at communicating insights into character, and is not suited at communicating insights into meteorology.The suitability of literature to explore the inner life derives from the expressive and imaginative possibilities inherent in the very medium of literature. For example, Henry James's Portrait of a Lady reveals the inner logic (or psychologic) that underlies the self-destructive behavior of its heroine, Isabel Archer, her disastrous choice of husband being dictated by a desire to prove a point to herself—that she is indifferent to his poverty relative to that of the other suitors—rather than an informed sense of her true interests.1 This is not to say that literature is the only medium in which insight into character can be communicated, but that this is one of the kinds of insight which literature is suited at communicating.The question of whether literature is suited to impart political insights is thus determinative of the question of whether its doing so counts towards its value as literature.2 This is the question to which we now turn.IThe question of whether literature is suited to impart political insights presupposes an understanding of the scope of the political, and the kinds of phenomena that can properly be called political. The scope of the political can be conceived more or less broadly. The narrow view is that politics is concerned with the nature and legitimacy of the state, government, legal and other coercive institutions. The broad view is that politics is concerned with power relations between social groups that are mediated not through institutions but through attitudes.The distinction can be illustrated with reference to two kinds of feminist argument. Feminist arguments for laws on sex discrimination and equal pay, and their proper implementation, are political in the narrow sense. However, feminists may also argue, irrespective of such institutional changes, that social attitudes towards women—the attitudes of a given society, including those of women—should be changed in certain ways. For example, a generally held view that emphasizes the importance of women's appearance, their role as adjuncts to their husbands—the kinds of views that were prevalent in the 1950's, say—is open to challenge by feminists outside a narrow institutional framework. The reason this [End Page 88] stance is political is that it concerns systemic attitudes which underpin power relations between one group... (shrink)

In March 2010, President Obama signed into law The Patient Protection and Affordable Care Act (ACA). Although there is much in the ACA that is endorsed by the Catholic health ministry, the many positive provisions of the ACA have been overshadowed for the Catholic Church and the Catholic healthcare community by the controversial provisions requiring access to all FDA-approved sterilization and contraceptive medications (75 Fed. Reg. 137 (19 July 2010)) Typically, these drugs and services have not been covered (...) by the health plans of many religious employers including Catholic hospitals, universities, and social service agencies. Acknowledging the existence of religious-based objections to the provisions of these .. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Chair’s Perspective on the Work of the Advisory Committee on Human Radiation ExperimentsRuth Faden (bio)On January 15, 1994, President Clinton created the Advisory Committee on Human Radiation Experiments in response to his concern about the increasing number of reports describing alleged unethical conduct of the U.S. Government, and institutions funded by the government, in the use of, or exposure to, ionizing radiation in human beings at the height of (...) the Cold War. He directed the Committee: (1) to uncover the history of human radiation experiments and intentional environmental releases of radiation; (2) to identify the ethical and scientific standards for evaluating these events; and (3) to make recommendations to ensure that whatever wrongdoing may have occurred in the past will not be repeated.The Committee was composed of 14 members: a citizen representative and 13 experts in bioethics, radiation oncology and biology, epidemiology and statistics, public health, history of science and medicine, nuclear medicine, and law. We reported to a cabinet-level group (the Human Radiation Interagency Working Group) convened by the president, which includes the secretaries of defense, energy, health and human services, and veterans affairs; the attorney general; the administrator of the National Aeronautics and Space Administration; the director of the Central Intelligence Agency; and the director of the Office of Management and Budget.On April 21, 1994, at the end of the first day of our first meeting, President Clinton invited us to the White House to personally communicate his commitment to the process we were about to undertake. He urged us to be fair, thorough, and unafraid to shine the light of truth on this hidden and poorly understood aspect of our nation’s past. Our most important task, he said, was to tell the full story to the American public. [End Page 215] At the same time, we were to examine the present, to determine how the conduct of human research today compares with that of the past, and to assess whether, in light of this inquiry, changes need to be made in the policies of the federal government. Eighteen months later, the Committee’s attempt to tell the story of the past and to report on our inquiry into the present was delivered to the president in a 900-page Final Report (ACHRE 1995) and several supplemental volumes.The Committee’s charge was enormous. We were asked to conduct a massive investigation into events that occurred as much as 50 years ago and that involved the highest reaches of the defense establishment and the medical community. This investigation necessitated an examination of the conduct and policies of six federal agencies and countless agents in the private sector, as well as the location and interpretation of hundreds of thousands of documents, many of which were buried in obscure locations or were still classified.In addition, the Committee was instructed to establish standards for judging, in moral terms, the events that it uncovered. This charge necessitated the confrontation of contentious debates in moral thought and theory about history, relativism, and the significance of context in moral judgment. But our purpose was not to engage in these debates in the abstract. Although the Committee was not expressly charged with considering issues relating to remedies, including financial compensation, we felt obliged to address the type of remedies that we believed the government, as an ethical matter, should provide to subjects of experiments where the circumstances warranted such a response. Thus our deliberations about relativism and moral judgment were tied to concrete recommendations for public policy and were conducted in a public context that included participants from numerous adversarial legal proceedings.In tandem with our reconstruction of the past, we undertook three projects to examine the current state of human radiation experiments. First, we studied how each federal agency that currently conducts or funds research involving human subjects regulates and oversees its research activity. Second, from among the very large number of federally-supported research projects involving human subjects, we randomly selected 125 projects for closer scrutiny. We reviewed all available relevant documentation for each project in order to assess how well it appeared to protect the rights and interests of the participating subjects. Third... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rethinking "Intersectionality":Michelle Obama, Presumed Subjects, and Constitutive PrivilegeErin C. TarverIn February 2008, Michelle Obama famously said to a gathering of supporters, "For the first time in my adult life, I am really proud of my country." (Associated Press 2008). Her comment was swiftly seized upon by journalists and members of rival political campaigns, who used it to portray Mrs. Obama as "angry" and unpatriotic. In the weeks that followed, (...) Mrs. Obama's undergraduate sociology thesis on black students at Princeton was cited as further evidence of her supposed racial resentment and lack of patriotism, and there were widespread rumors that an audiotape existed of her using the word whitey.1 Around the same time, Fox News ran a headline referring to Mrs. Obama as "Obama's Baby Mama" (Koppleman 2008). Subsequently, there was a concerted effort on the part of Mr. Obama's campaign to "soften" her image through appearances on the shows The View and Paula's Party, and a speech at the Democratic National Convention that highlighted her motherhood and adoration of her husband, and avoided mention of her own career or political work. Despite such efforts, and perhaps in tension with the Obama family's general popularity following Mr. Obama's election, Mrs. Obama was later characterized by a cable news pundit as being reminiscent of "Stokely Carmichael in a designer dress" (The O'Reilly Factor 2009) and thus as a potential political liability for the Obama administration.While some feminists decried the "momification" (Traister 2008) of Michelle Obama as an act of appeasement by an administration that would [End Page 150] capitulate to the oppressive expectations of a public unwilling to find expressions of independent thought or professional ambitions appropriately First Lady-like, other critics noted that Mrs. Obama was being reviled more for daring to suggest that the United States' racial history was far from being strictly historical, opening her to the charge of being an angry Negro—while, ironically, being accused of "playing the race card." Others have pointed out that specific formulations such as "baby mama" are illustrative of the fact that such representations of Mrs. Obama are not easily classifiable as either sexist or racist, but instead draw on both sorts of tropes, as have such familiar representations of black women as promiscuous, or as militant, emasculating mammies.In this article, I consider methodologies for theorizing the function of such oppressions in the public discourses surrounding Michelle Obama, and suggest that a consideration of their manifestations in this context illustrates the need for more complex theoretical tools that can problematize the constitutive effects of such discourse for a multiplicity of subjects. Through parallel analyses of Beauvoir's The Second Sex and Fanon's Black Skin White Masks, I foreground the theoretical pitfall the consideration of sex- or race-based oppressions tends to occasion: the tacit presumption of some ostensibly "neutral" subject whose constitution is inadequately addressed. I suggest, with theorists of intersectionality, that this problem will not be solved merely by the addition of alternative explanatory frameworks (e.g., adding racism to sexism as a discrete phenomenon), since doing so is neither adequately representative of the experience of oppressions nor sufficient to the task of undermining the normative/perverse dichotomy or presumption of generic subjectivity that sustains them. However, I also argue that the work of intersectionality theorists should be taken farther than it has frequently been in the past (which, though given lip service by much of the feminist community, has not always been taken to imply the need for a major methodological shift), extending its insights to offer a critique of foundational subjectivity. Concomitantly, I argue that a failure by feminist philosophers to offer this critique could unintentionally result in the reinscription of the normativity of particular sorts of subjects—which is precisely what theorists of intersectionality have been concerned to call into question. I suggest that an analysis of the discourse surrounding Michelle Obama demonstrates that insofar as the intersectionality paradigm is understood merely to require the interrogation of overlapping oppressions on a given subject or subjects, and thus as leaving uninterrogated the constitutively privileging and subjectivizing effects of oppressive discourse, uses of intersectionality will reiterate... (shrink)

The main goal of this paper is to prove the thesis that the attempts to transpose the cultural differentiation into the social and economical universalism and globalism must lead to repressive psychosocial totalitarianism on a large scale. Modern human sciences and politics tend to classify the individual in respect to his adaptive efficiency in interactive relation with programmed environment and to qualify him according to given imposed criteria of social functionalism. The correctly socialized individual is expected to be an (...) exchangeable functional unit assessed according to its usefulness in performing a set of particular tasks, despite his cultural background being considered as a second-rate factor, which may affect the social acceptance and correctness of his behavior. However, no community is an exact representation of society because it is held together not by functions but by the values aswell as the forms of their actualization and implementation into the common organization and their way of life. The community is not a contract upon which society is based. The identity of the individual must not be removed from the culture of the community in which he lives and from its constitutive values. It is also rooted in the past and history of striving for self-determination and cultural as well as personal subjectivity. Without these significant cultural and historical components the individual identity is nothing but an operational, programmable algorithm of functional living unit assigned to perform short-term utilitarian tasks. This approach stands in contradiction to the Aristotelian concept of wellbeing and happiness considered as striving for the common good of spiritual values by individuals as well as by human communities. Any extensive and effective civilization neglecting the higher values of moral, symbolic and religious sense of the individual, must face totalitarianism or extinction. (shrink)

The academic community in the West tends to be suspicious of Russian philosophy, often relegating it to another category, such as “ideology” or “social thought.” But what is philosophy? There is no simple universal definition, and many thinkers consider it impossible to formulate one. The most credible attempt is nominalistic: philosophy is the practice in which Plato and Aristotle were involved. As Alfred North Whitehead wrote, “The safest general characterization of the European philosophical tradition is that it consists of (...) a series of footnotes to Plato.”If so, then Russian thought needs to be understood as an important part of the Western philosophical heritage, given that it offers perhaps the most elaborate set of footnotes to Plato's most mature and comprehensive dialogues: the Republic and the Laws. The status of ideas in Russian philosophy mirrors Plato's vision of them as ontological and political entities, “laws,” or ideal principles—as distinct from mere epistemic units or tools of cognition. The Platonic tendency to integrate and implement religious, philosophical, and political teachings culminated in twentieth-century Russia. In the Soviet state, perhaps more than anywhere else in history, philosophy became a supreme legal and political institution, acquiring the power of a suprapersonal, universal reason. Hence thought itself, in the moment of its triumph, became a prisoner in the social structures that Soviet ideocracy erected on a philosophical foundation. In discussing Russian philosophy, we inevitably consider the practical application of Platonic conceptions by the Soviet ideocracy to a state in which philosophy was called upon to rule.According to Sergei Averintsev, the emphasis on Platonism in the Russian intellectual tradition is nothing to be proud of; it should rather be lamented and repented. Despite the obvious Platonic preferences of Russian thinkers (from Ivan Kireyevsky to Aleksei Losev), Averintsev asks whether even now we might be able to reorient the tradition toward Aristotle instead—toward a more secular, tolerant, and analytic philosophy of human nature. “If Plato is the first utopian,” Averintsev writes, “Aristotle is the first thinker to look the spirit of utopia right in the eye and overcome it.... Aristotle's technique of thought is more neutral toward religion than is Plato's ecstasy.” Characteristically, the name index to the Palgrave Handbook of Russian Thought contains almost twice as many mentions of Plato as of Aristotle.Each national tradition has its own “strange attractor,” as they say now in complexity theory. English empiricism, French rationalism, German Idealism, American pragmatism... However stereotypical these generalizations are, they help to clarify the nations’ distinctive contributions to philosophy. Where does Russia stand in this row? I think that Caryl Emerson is correct to pinpoint, among the most distinctive features of the Russian intellectual tradition, the striving for “wholeness” (tselostnost’). Many Russian thinkers seem to evade definitive and particular “isms,” preferring to find ways of complementing (and thus diluting) those that are on offer. Faced with the claims for rationalism, for example, the Russian response tends to be that true rationality is or should be coupled with fullness of feeling. The characteristic Russian “ism” is at best “holism,” at worst “totalitarianism,” and is usually directed against Western thought. Kireyevsky declares: There [in the West] is a bifurcation [razdvoenie] of the spirit, a bifurcation of thoughts, a bifurcation of the sciences, a bifurcation of the state, a bifurcation of estates, a bifurcation of society, a bifurcation of family rights and duties, a bifurcation of morality and the heart.... In Russia, on the contrary, there is a predominant tendency toward the wholeness of the inner and the outer, of public and moral being.Vladimir Solovyov held that the goal of all knowledge was to comprehend “total unity” and to overcome all kinds of unilateralism, which he referred to as “abstract elements” (otvlechennye nachala). These one-sided elements included Realism, rationalism, empiricism, and positivism, all of which had been advanced by Western philosophical movements.Reading the Handbook, I was struck by how steadily, from one thinker to another, the concept of “unity” is reiterated in various synonyms and contexts: “all-unity,” “wholeness,” “totality,” “integrity,” “edinstvo,” “tsel'nost,’” “tselostnost,” “sobornost,” and so forth. Russian thinkers endeavor not to create something original and special but to unify everything that has already been done and known. Consider opponents, like the Slavophiles and Westernizers; take Petr Chaadaev and Vissarion Belinsky, Kireyevsky and Alexander Herzen, Dostoevsky and Solovyov—all are united by this “super-idea,” proclaiming its embodiment to be the all-embracing vocation of the Russian people. At the same time, they sharply reject all “private principles” and “trashy certainty” (Belinsky's driannaia opredelennost’)—anything that restricts and divides individuals or nations. All these forms of privacy and particularity must be overcome on the way to a universal whole that is even greater in scale than Western Catholicism. According to this logic of totality, we would be better off left with nothing than to be content with the particular and the limited. The first original Russian thinker, Chaadaev (1794–1856), makes the salto mortale of declaring Russia a country that has given nothing to the world, then proclaiming that Russia's destiny is to rise above the rest of the world and resolve all its contradictions. From nothing to everything: such are the philosophical foundations for the totalitarian aspiration of Russian thought, which eventually expressed itself in the revolutionary movements and communist experiments of the twentieth century.As is well known, Russian literature is considered in the West a far more powerful and original expression of philosophical ideas than Russian philosophy as such. Characteristically, then, almost half of the Handbook, its entire second part, is devoted to the dialogue of Russian philosophy with literature and art. As M. N. Forster remarks in the Handbook's concluding essay: “It is natural to wonder why this striking asymmetry between relatively modest achievements in pure philosophy and spectacularly high achievements in literature came about.” To the literary focus of Russian philosophy, we can add a political focus. At least a third of part one of the Handbook is devoted to Russian political and revolutionary philosophy, to Lenin and other Marxists, to Ivan Ilyin, and so on. In this context, both literature and politics assumed philosophical dimensions, often overshadowing philosophy itself.Bertrand Russell lamented that the system of philosophical categories in the West featured mostly nouns (being, consciousness, idea, matter, substance, and so forth), omitting adjectives, verbs, prefixes, and other parts of speech. This criticism should be applied to the category philosophy itself. Why the noun philosophy rather than the adjective philosophical, which can be applied to many areas of activity and creativity, including literature and politics?In Russian intellectual history, the philosophical, rather than philosophy, is the predominant category. The state, ideology, economics, politics and geopolitics, literature, art, warfare, space exploration—all these spheres in Russia and the USSR have been and remain abundantly philosophical, subordinated to certain philosophical tasks, though philosophy as such has never been as developed and sophisticated as in the West. As a discipline, Western philosophy “outsourced” itself to Russian disciples, leaving it to Dostoevsky and Tolstoy, Lenin and Trotsky, to test in literary and political practices a host of Western philosophical ideas, from those of Plato, Rousseau, and Hegel to those of Feuerbach, Marx, and Nietzsche.Likewise, the verb to philosophize is used in ways unusual and awkward in the West. “It is characteristic of the Russian people to philosophize [filosofstvovat'],” as Nikolai Berdyaev observed: “An illiterate Russian peasant likes to pose questions of a philosophical nature—about the meaning of life, about God, about eternal life, about evil and untruth, about how to realize the Kingdom of God.” The philosophical and philosophizing, as attributes and actions of the state and society, overpowered philosophy as a noun—as an academic discipline, if you will. Russian philosophy has had a very modest impact on the West, but the impact of the philosophical has been immense. Nineteenth-century Russian literature influenced Western culture with its philosophical interrogations and existential dilemmas, just as, in the twentieth century, the USSR influenced the West with the philosophical ideas (Marxism, materialism, dialectics, collectivism, socialism, communism) that determined Soviet ideology, politics, and economics.In the USSR of the 1920 and 1930s, for instance, philosophy as an independent academic subject was in a subdued position, as a servant of party ideology. But, meanwhile, the sphere of the philosophical spread to such distant domains as theater (Stanislavsky), physiology (Pavlov), and agriculture (Michurin), with all such activities glorified and sponsored by the state as “philosophically correct”—as faithful to “materialism” and “Realism.” Paradoxically, in the quintessentially philosophical state that was the USSR, the state of philosophy, with the repression of all independent thought and thinkers, was miserable. The fateful and often disastrous originality of Russian philosophy consisted precisely in its dissemination to other areas, in an act of kenosis or self-transcendence that can be viewed both as an aggressive philosophical appropriation of politics, economics, ideology, and literature—and as philosophy's sacrificial devotion to the world beyond its professional boundaries.So there are three features that make Russian thought relevant and dangerous: its Platonic utopian aspiration; its spirit of totality; and its tendency to transcend the boundaries of academic philosophy and to philosophize society, politics, and life in general. Russian philosophy has not been as good at explaining the world as at changing it, sometimes ethically and poetically, sometimes violently and aggressively. Teachers and students of Russian culture should be deeply motivated to draw more attention to the philosophical in Russia and to raise its status in the Western academy. In my view, we would do better service to Russian philosophy if we are frank enough to qualify it as dangerous, sometimes very toxic and addictive, fraught with totalistic tendencies. This philosophy is the voice of the “underground,” both in the Dostoevskian and Leninist senses.At the same time, however, the antidotes concocted in the Russian metaphysical laboratory are of enormous value: the Russian versions of personalism, existentialism, secular and religious liberalism, neorationalism, culturology, conceptualism, and postmodernism. These movements, which counteract totalization, need to be studied precisely because they were cooked up and tested under the same extreme conditions in which the most dangerous intellectual poisons have been produced. (shrink)

Place mouse over image continent. 2.1 (2012): 36–39. From an ethical and political perspective, people and property can hardly be separated. Indeed, the modern political subject – that is, the individual, the person, the self, the autonomous actor, the rational self-interest maximizer, etc. – has taken shape in and through the elaboration, institutionalization, and enactment of that which rightfully belongs to it. This thread can be traced back perhaps most directly to Locke’s notion that the origin of the political state (...) occurs when people rise above the state of nature by ceding the power to prosecute offenses. The rule of law begins then with a defense of the right to property. People become subjects by adhering to the social contract, which they do by deferring the defense of their own property to the state. In this light, the response of the United States federal government to the financial crisis of 2008 appears to many as a breach of the social contract. The chant “banks got bailed out, we got sold out” states the claim plainly. Why exactly did some subjects (e.g., the banks) have their property defended by the state (i.e., through the variety of programs including TARP, the discount window at the US Federal Reserve, etc.), when other subjects (e.g., homeowners) found themselves without protection of their property rights, forced to default on mortgage debts and face dispossession? Even if the rhetoric about “too big to fail” can be believed, and the collapse of the financial system would lead to negative consequences for people who had little or no connection to the activities that brought it about, such consequences need not call into question the notion that everyone stands equally before the law. To occupy, then, appears as a form of civil disobedience, an intentional, retaliatory breach of the social contract by those who feel that they have lost the support of the state to which they ceded their power as sovereign agents. The visible and the invisible The violation of property rights of people who have recognition, protection and power under the law destabilizes their very status as citizens and tests the limit of democracy. Does the financial system force the dematerialized victimization of individuals? Do people become numbers, or worse still, percentages of unemployed, tranches of defaulted mortgages and foreclosures? Are they perhaps instead disenfranchised prospectively from the privileged position occupied by virtual entities and actors such as those involved in the derivatives markets, always already exiled back into the physical, visible realm? The line of conflict appears to be drawn between invisibility/absence/deferral and visibility/presence/realization. The demonstrators occupy an excess property of those subjects, namely, the banks and financial elite, who did receive recognition and protection under the law. By domesticating this excess property, rendering its invisibility visible within the political economy, the protesters raise a new form of threat to the hegemonic order. To occupy, then, involves a rejection of the order under which the “99%” have been subjected to erasure. The occupation seeks creatively to establish a new means of communication and law for its subjects. In the face of an existing power structure that is increasingly disenfranchising the majority of people while consolidating nodes of power and influence, the “occupation”, or the work of the Occupy movement, involves seizing a space that refuses the rules of the existing, allegedly corrupt sovereign state. This refusal of governance extends even to include a steadfast refusal to articulate a strategy, to formulate a list of demands, to converse with the sovereign power on the grounds of its own conventions, to put forth a leader, to resolve the ambiguity of the movement into a discreet identity, face, or voice. Do these tactics provide a resolution to the problem that was its genesis? Not in such a direct and easily resolved manner, but it remains difficult to imagine a direct and simple resolution to the problematic of the breach of the social contract. The ambiguity of the situation has generated significant interest within the broader populace, though many people sympathetic to the cause appear to be frustrated because the movement has not simply put forward a short list of concrete demands, or even a set of leaders and spokespeople, much less a resolution. And yet, this lack of coherence appears as a resolution of a problem generic to protest movements in the past, where individual leaders can be removed or discredited, and lists of demands can be co-opted by others holding more political power. Meanwhile, the ambiguity has compelled imitations on a global scale, with the Occupy Wall Street participants consciously taking actions that can be replicated by anyone anywhere without significant cost. These actions have taken place not in a peripheral location such as a parking lot in New Jersey, but instead close to the centers of power and governance, adjacent to Wall Street, close to the White House, on college campuses, etc. This spontaneous archipelago of protests becomes an irritant, a negation of the accepted order of protests, but when the protesters themselves move outside of their encampments, they are escorted by the police, constantly monitored and maintained so that a permanent state of paranoid persecution takes hold. To occupy, occupying, occupation – these actions involve a variable degree of danger – are you willing to step into a different space, where the rule of law is unclear and evolving? Are you presenting yourself as a representative of the majority, the 99%? Who has a sense of belonging to the 99%? This previously invisible population becomes a focal point of political power, garners increasing public support, infects the public dialogue. The government recognizes this population by forcing it from the occupied space, removing the element of possession of property. It is at this point of conflict, in the struggle to hold the physical property, where the greatest friction and violence occurs. Scaling the rule of law While occupied, the property calls for a redress of grievances, a restoration of the rule of law. The Occupy movement does not select and put forward individuals or leaders, it puts forward places – the occupied property represents the point of conflict, not the individual. And it is this very property that the government then tries to reclaim. The movement remains faceless, anonymous, uncounted, or rather counted only as a mass, the self-labeled mass of 99%. These spaces are like refugee camps or favelas, but constructed to unite the political life and private life of the protesters. This objective is presented as a tactical necessity, as all other means of protest and communication have failed, leaving only the option of seizing, holding, occupying a property. But to what end, exactly? Can anyone deliberately return to the prior social contract, embrace, affirm, and govern in strict accordance with the earlier relationship to property, following the logic of Locke’s arguments? In this respect, the contemporary crisis indicates a new, transitional phase in the way that property operates, or rather, in the balance between real and virtual value. The roots of the crisis lay in the massive overvaluation of property caused by lax lending practices, as more people were encouraged to borrow more money, which drove up the prices of property. At the same time, these individual properties, these mortgages for homes actual families lived in and worked to support, were bundled into securities that could be bought, sold, and speculated on. The reduction of a physical house or piece of real estate to an almost incalculably small element in an investment vehicle appears as a scaling of the hedge that radically diminishes the value of any individually owned property. Moreover, a number of recently-innovated financial products allow investors to hedge in new ways, to deliberately spread risk around a portfolio in hopes of bringing returns even when the individual mortgage defaults. At the level of the ‘free’ market, these virtual negative valuations are designed to balance the physical positive valuation, though many of the biggest lenders are now being investigated for controlling both sides of this valuation, the positive and the negative, to facilitate both the creation and failure of the investments and to profit from both. The ability to benefit from both the negative and positive value of an investment is a result of a technologically enabled capacity to operate within a complex field. These layered and scaled investment vehicles and the simultaneous negation of their value together represent a commingling of the virtual and physical existence that is both complex and multiple. The valuation of a virtual property has tremendous power to change the valuation of the physical - either injecting it with or depriving it of funds, pumping in or draining life and energy. This situation has roots of its own – the notion of property advanced e.g., throughout the enclosure movement in Britain was, from the outset, an imposition of virtuality (i.e., the concept of law, the institutions associated with ownership, etc.) on the physical reality of land. 1 The difference today is that technological trading platforms combined with innovations within the financial services industry have enabled the reduction of each individual property receiving or losing value in scale to an almost atomic level. In turn, the number of properties held simultaneously and valued as a massive, multiple wholes – i.e., the derivatives market in mortgage-backed securities – is a new phenomenon made possible through the application of similar technologies and institutional structures. And those actors who can trade in these layers of complexity can then profit from the new phase of disassociation of the virtual and the physical – unconcerned with and operating at such a virtual distance from the individual residing physically on a particular piece of real estate that they no longer feel the tug of the physical tying them back to the physical, operating literally as in a video game, in a virtually distanced world. What can or should be done about this situation? Answers lie outside the scope of this current essay, but merit consideration in the near future… NOTE 1) Hernando de Soto has emphasized this dimension by empirically demonstrating its non-existence in many countries in The Mystery of Capital. (shrink)

This essay analyzes the relationship between rights and the rule of law through the investigation of the jurisprudence of three significant figures in the liberal tradition: Ronald Dworkin, Michael Oakeshott, and John Finnis. Dworkin’s approach, which attempts to defend natural rights and to contribute to improving the general communal welfare, is shown to result in a strong role for judges to navigate between protecting rights and the common good where the rule of law is put in the service of social (...) evolution. Oakeshott’s ideal of civil association is explored as an example of a non-instrumental practice. Here the rule of law and political authority contribute to a mode of association that does not coerce or subordinate individuals’ self-chosen purposes to a communal one. Attempting to navigate between normative concerns and the proceduralism of a rule of law, Finnis’ natural law approach is shown to respect the universal human desire to flourish and the individual nature of that search embodied in our modern political vocabulary of rights. Law provides the necessary conditions for human flourishing and thus is both the symbolic and the real realm where we ceaselessly attempt to reconcile individual demands and collective needs in light of our limitations and views of the human good. (shrink)