Abstract: Philosophers who have addressed the problems of enduring racial injustice have been suspicious of the role played by ideal theory in ethics and political philosophy generally, and in contemporary liberal political philosophy in particular. The theoretical marginalization of race in the work of Rawls has led some to charge that ideal theory is at the very least unhelpful in understanding one of the most significant forms of contemporary injustice, and is at worst ideological in the pejorative sense. To explore (...) these concerns, I formulate five related criticisms of ideal theory and examine each as it would be applied to Rawls's political philosophy. My thesis is that the strongest criticisms—namely, that ideal theory is essentially ideological and cannot provide adequate grounds for justifying race-conscious, equality-securing measures—ultimately miss the mark. But other criticisms of ideal theory are more plausible, and most plausibly directed to an area of Rawls's thought often ignored in discussions of liberalism and race, namely, his account of citizenship and public reasoning. (shrink)

"Annabelle Lever montre très bien à quel point une vie accomplie est aussi une vie privée." - Gil Delannoi, Sciences Po "La nature et l'étendue de nos droits à la vie privée est une des questions centrales de notre époque. Dans ce livre accessible et agréable à lire, Annabelle Lever examine ce que signifie la vie privée et les liens complexes que celle-ci entretient avec la démocratie. Lever offre une contribution remarquable à notre compréhension de l'importance de la (...) vie privée pour les sociétés démocratiques, en révélant non seulement sa valeur mais, aussi, les coûts qu'elle engendre. " - Jonathan Wolff, University College London. (shrink)

This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of itinerant beggars (...) and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends.Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state. (shrink)

This valuable resource provides academic and student affairs practitioners with the tools to make informed legal and ethical decisions in their college and university contexts. Law is constantly changing and is interpreted differently from campus to campus based on institutional culture and history. This text provides higher education practitioners with tools to anticipate practical and responsible action, engaging readers in anticipatory and reflective practice. In this text, Boettcher and Salinas introduce the Institutional Intelligence Model, a helpful framework that guides practitioners (...) in examining a wide variety of campus issues. Throughout the book, readers can explore perspectives from current practitioners and utilize case studies to examine specific topics including admissions, academics, student living, confidential resources, and graduate student experiences. By using the strategies in this book, practitioners will be equipped to successfully navigate legal and ethical issues on their campuses. This text is ideal for graduate students, student and academic affairs professionals, and those in leadership positions responsible for working with and supporting students and staff teams. (shrink)

This article shows that judicial review has a democratic justification even though judges may be no better at protecting rights than legislatures. That justification is procedural, not consequentialist: reflecting the ability of judicial review to express and protect citizen’s interests in political participation, political equality, political representation and political accountability. The point of judicial review is to symbolize and give expression to the authority of citizens over their governors, not to reflect the wisdom, trustworthiness or competence of judges and legislators. (...) Above a threshold level of competence – which may be impossible to determine a-priori – the legitimacy of judicial review does not turn on the special wisdom, virtue or personal qualities of judges. Instead, it reflects the importance that democracies properly attach to the ordinary virtues and competences of individuals in justifying power and authority. Hence, this article takes issue with the defence of judicial review in Eisgruber and Brettschneider, as well as with the critiques of judicial review found in Waldron and Bellamy. (shrink)

The Defender of the Peace of Marsilius of Padua is a massively influential text in the history of western political thought. Marsilius offers a detailed analysis and explanation of human political communities, before going on to attack what he sees as the obstacles to peaceful human coexistence - principally the contemporary papacy. Annabel Brett's authoritative rendition of the Defensor Pacis was the first new translation in English for fifty years, and a major contribution to the series of Cambridge Texts: all (...) of the usual series features are provided, included chronology, notes for further reading, and up-to-date annotation aimed at the student reader encountering this classic of medieval thought for the first time. This edition of The Defender of the Peace is a scholarly and a pedagogic event of great importance, of interest to historians, political theorists, theologians and philosophers at all levels from second-year undergraduate upwards. (shrink)

This paper looks at recent efforts within the Cherokee Nation of Oklahoma to expel descendants of the freedmen, persons of African descent held as slaves until their emancipation and subsequent adoption as tribal citizens according to the terms of an 1866 treaty. The unavoidable racial dimensions of this controversy lead me to examine it as an example of the internal minorities problem, i.e., the problem of minorities within minority cultures, familiar from the literature on liberal multiculturalism. I argue that while (...) no single approach to the internal minorities problem is fully adequate for resolving the controversy, the balance of reasons drawn from these approaches shows expulsion of the freedmen descendants to be unjust. Furthermore, in contrast to leading theoretical approaches, a deliberative approach to multiculturalism can best account for the need to encourage critical public dialogue about underlying notions of blood, race and Cherokee identity. (shrink)

The ethical conduct of research rests largely on researchers, and as such, an understanding of how they perceive and enact their role in research is paramount. However, the literature around ethics and research mostly focuses on researchers’ perception of Research Ethics Boards roles and functions. To fill that gap, we analyzed the perceptions of researchers, REB members, and influential parties about researchers’ role in the ethical conduct of research through discourse analysis. Three discourses emerged: researchers as reflective practitioners, protectors of (...) participants, and technicians. Understanding the commonalities and differences among the discourses may foster a shared and compelling institutional research culture. (shrink)

ExcerptEmmanuel Levinas's Talmudic readings were given as lectures at the Colloque des Intellectuels Juifs de Langue Française, a conference that has been held every year in Paris since 1957. His commentaries on the Talmud purported to be non-technical, accessible, and popular adaptations of his philosophical thinking, which had been developed in difficult books written in the technical language of Husserlian phenomenology.1 In fact, however, a full understanding of these Talmudic readings often requires knowledge of their philosophical assumptions. Conversely, Levinas used (...) his biblical and Talmudic interpretations to formulate philosophical arguments: There are two ways of reading a…. (shrink)

Objective The objective of this article is to provide an ethical analysis of a high-risk, advanced treatment case where the patient received transcatheter aortic valve insertion (TAVI), for aortic valve stenosis. Particular emphasis will be placed upon the significance of evidence and the implications for priority setting. Method One paradigmatic case involving a TAVI patient from a large university hospital in Norway is described and analysed. The method used was ethical case analysis modified after Kymlicka by Miljeteig et al. Perioperative (...) mortality risk was estimated using the Euroscore risk-logarithm and the Society of Thoracic Surgeons’ risk model, STS. These predict the risk of operative mortality and morbidity associated with adult cardiac surgery. GRADE, the Grading of Recommendations Assessment, Development and Evaluation, was used to evaluate the evidence. Results In the case analysis, we found that it would be ethically justifiable not to recommend TAVI treatment for this patient. Although the patient had a severe condition in need of treatment, the expected improvement was marginal, the quality of evidence was low and the opportunity costs for other patients and society were higher than usually deemed appropriate. Conclusions Decision-making in the absence of high quality evidence from randomized trials is a complex process involving difficult ethical judgments. Novel high-risk devices often enter the European market with limited clinical evidence. Transparency and improved clinical evaluation are required so patient safety is not jeopardized. We argue that implementation of high risk, high cost interventions should be better regulated at a national level. Background All clinical decisions imply priority setting and therefore indirectly affect other patients and other patient groups. The use of expensive, innovative health technologies has an affect on individual patients as well as on other patient groups competing for the same resources. (shrink)

Among the processes of canon-formation is the habit of coupling writers; and among the most powerful of couples in the traditional English literary canon is Spenser-and-Milton. Much of my own professional life has probably been determined by my first teaching assignment of 1963, which included “Spenser-and-Milton,” in those days at Toronto a famous cornerstone course carrying the tamp of the stamp of the formidable Renaissance scholar A. S. P. Woodhouse, known affectionately if disrespectfully to his students as Professor Nature-and-Grace. For (...) several years I labored mightily, though neither naturally nor, I suspect, gracefully, on Spenser-and-Milton, sensing all the time that the connections I made, the doctrines I was conveying, lacked persuasion; and no doubt the seed of this essay was sown in those days, although its angle of sight was not then available, obscured on all sides by institutional pillars.When we couple writers we usually imply a criterion of fit or at least explicable mating. While there is nothing to prohibit a merely comparativist curiosity, or coupling in the service of some other agenda, we presumably give greater authority to relationships that imply causality, even, or especially, if causality is defined as the influence of the one writer on the other. Most of such relationships are unidirectional, from the earlier to the later dead, and a plausible coupling requires either the successor’s own testimony that the influence-relation existed, or other evidence that the influence-relation was strong enough to be formative; or, preferably, both. Annabel Patterson, professor of literature and English at Duke University, is the author of Hermogenes and the Renaissance , Marvell and the Civic Crown , Censorship and Interpretation , Pastoral and Ideology: Virgil to Valéry , and Shakespeare and the Popular Voice. (shrink)

In Considerations on Representative Government, John Stuart Mill concedes that secrecy in voting is often justified but, nonetheless, maintains that it should be the exception rather than the rule. This paper critically examines Mill’s arguments. It shows that Mill’s idea of voting depends on a sharp public/private distinction which is difficult to square with democratic ideas about the different powers and responsibilities of voters and their representatives, or with legitimate differences of belief and interest amongst voters themselves. Hence, it concludes, (...) we should reject the assumption, which many of us share with Mill, that the secret ballot is justified only on prudential grounds and recognise how central privacy is to any democratic conception of citizenship and politics. (shrink)

Is public policy ethics possible and, if so, is it desirable? This twofold question can – and sometimes does — elicit a smile or a frown. The smile implies that ethical theorizing rests on a naïve idea of policy-making; the frown implies that there is something tasteless or incongruous in expecting philosophy to engage with problems of policy and with the political bargaining and compromise that policy-making often involves. These reactions – familiar to many working in this academic discipline – (...) point to the ways in which ethics and public policy have been taken to be separate areas of practical concern and theoretical inquiry. (shrink)

Should voting be compulsory? This question has recently gained the attention of political scientists, politicians and philosophers, many of whom believe that countries, like Britain, which have never had compulsion, ought to adopt it. The arguments are a mixture of principle and political calculation, reflecting the idea that compulsory voting is morally right and that it is will prove beneficial. This article casts a sceptical eye on the claims, by emphasizing how complex political morality and strategy can be. Hence, I (...) show, while there are good reasons to worry about voter turnout in established democracies, and to worry about inequalities of turnout as well, the case for compulsory voting is unpersuasive. (shrink)

According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...) forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

This book is about the postructural Franco-Jewish philosopher Emmanuel Levinas. This book covers Jewish ethics in the twentieth century and also cultural philosophy.

Some public reason liberals identify coercive law as the subject matter of public justification, while others claim that the justification of coercion plays no role in motivating public justification requirements. Both of these views are mistaken. I argue that the subject matter of public justification is not coercion or coercive law but political decision-making about the basic institutional structure. At the same time, part of what makes a public justification principle necessary in the first place is the inherent coerciveness of (...) a legally organized basic institutional structure. While most public reason liberals seem to presuppose that the meaning of “coercion” is sufficiently obvious so as not to warrant further analysis, my defense of the essay’s main thesis explicitly draws on an account of coercion as a powerful agent’s employment of enforceable constraints to determine the will of another agent. (shrink)

This paper looks at Alexander Guerrero’s epistemic case for ‘lottocracy’, or government by randomly selected citizen assemblies. It argues that Guerrero fails to show that citizen expertise is more likely to be elicited and brought to bear on democratic politics if we replace elections with random selection. However, randomly selected citizen assemblies can be valuable deliberative and participative additions to elected and appointed institutions even when citizens are not bearers of special knowledge or virtue individually or collectively.

This is a frustrating book: on the one hand, it promises a new outlook on the philosophy of privacy, based upon the work of Luciano Floridi and Baruch Spinoza, which is a welcome extension of the sources used to think about privacy in contemporary political philosophy; on the other hand, it virtually ignores the existing literature on the philosophy and law of privacy. As the presentation of the legal and philosophical issues tends to be schematic, it is quite difficult to (...) know what the book offers by way of additions and corrections to the larger literature on privacy. The book has a bibliography after each chapter, which makes it hard to assess the sources overall, and to find references, unless you remember the chapter in which they occurred. This reinforces the sense that what is presented as a monograph is really a set of independent essays or lectures which, while individually interesting, do not give the reader a clearer sense of the way legal and philosophical issues about privacy fit together. [First paragraph]. (shrink)

ABSTRACTNew Zealanders were presented with the opportunity to change the national flag and opted to retain the current New Zealand flag, despite arguments that it was unable to reflect national identity adequately. This article unpacks the particular version of national identity constructed in discourse in the infographic, Our Nation. Your Choice. which was released prior to the final referendum that determined the outcome of the Flag Consideration Project. We used Fairclough’s critical discourse analysis to examine the discursive construction of national (...) identity by the Flag Consideration Panel that oversaw the process. The authoritative assertion of national identity on behalf of New Zealanders emphasised inclusiveness and unity by acknowledging cultural diversity. Biculturalism was confined to an old understanding of New Zealand identity while the ideology of multiculturalism, not yet officially implemented, was positioned as common-sense. There was a focus on situating New Zealand in a global context to distance New Zealand from colonisation and connection to Britain. The positive, cohesive conceptualisation of New Zealand suggested that the Flag Consideration Project was, in fact, an exercise in re-positioning New Zealand in the global context, in which the national flag would represent the national brand rather than contribute to national identity. (shrink)

This paper explores issues of abstraction and space in Sande Zeig's movie The Girl (2001), based on a novella by Monique Wittig, who also co-wrote the script. It argues that, with this movie, Zeig and Wittig strive to re-materialize the lesbian body abstracted by the ‘Straight Mind’ as defined by Wittig in her 1980 essay. The plot revolves around the love affair of two women, the narrator and the Girl (a lesbian painter and a straight B-grade jazz singer), under the (...) oppressive scrutiny of the Man (the Girl's boss). Each part of this paper corresponds to one space where the characters interact: first, it shows how the nightclub stands as a space of transgression for the lesbian subject and how it opens a reflection on temporality as represented by space; then the analysis of the hotel room where the Girl lives and meets the narrator demonstrates how, notably through the use of close-ups in erotic scenes, Zeig redefines abstraction as a new way to envisage the materiality of the lesbian body; finally, in the third part, the discussion on abstraction moves on to the narrator's studio where, through her work as a painter, she also explores abstract representations of the female body. This approach reconciles Wittigian theory with post-modern queer theory, and confirms that the former still offers paths to positive reformulations of modes of relationality through the de-spatialization of gender – de-genderization; the rematerialization of the body outside of heteronormative conventions; and a reconfiguration of human relationships that refuses the inevitability of social and amorous hierarchy, and that shifts the representation of the erotic from possessiveness to disinterested reciprocity. (shrink)

This article shows that Merleau-Ponty’s philosophy is traversed by a tension between an interpretation of history and existence in terms of crisis and the recognition of an insurmountable vertigo, the Heraclitean model of an eternal return of the singular and the partial, without possible synthesis. Our thesis is that the model of the crisis is marked by a classical positivism which makes it the secret ally of a conservative and anti-democratic politics. It is also an impasse in Merleau-Ponty’s philosophy since (...) it supposes a reference to an overlooking point of view that the whole of Merleau-Pontian reflection has shown to be impossible. The phenomenology of perception and ontology of the perceived world show that we have access only to a mystified consciousness and that even the world itself is undecided. The Heraclitean path must win against the interpretation in terms of crisis, but the persistence of the second path in Merleau-Ponty’swork is also explained by the extremely difficult character of the first path. The theory of chronic vertigo takes us closer to nihilism, and this is an aspect of Merleau-Pontian philosophy whose radical and highly problematic – perhaps even aporetic – character must not be underestimated. How to decide on practice and politics without absolute reference, without being able to guarantee anything? The use Merleau-Ponty makes of crucial references to Machiavelli and Marx at the heart of his political philosophy is very revealing this regard: in the first movement, this is a matter of “disarming” these philosophies, making them instruments for the disruption of action. But Merleau-Ponty’s final goal is not to return to the philosophy of contemplation, abstract ontology, but to build a new practical model: that of symbolic action, which integrates vertigo rather than surpassing it and constitutes a praxis inseparable from the enterprise of knowledge and artistic creation. We could say that it is saved by its openness to sense, but this means that it cannot rely on any positive established meaning and must find its wellspring in a ‘wild’ ability to be unceasingly decentered, to take nothing for granted, to approach our values and beliefs as foreign. This raises the question of the possibilityof the incarnation of such a model in an effective political institution. (shrink)