Journal of Political Philosophy, EarlyView.

Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.

Cara Nine on how to decide where borders should be drawn.

This paper adds a new perspective to recent debates about the political nature of rights through attention to their distinctive role within social movement practices of moral critique and social struggle. The paper proceeds through a critical examination of the Political Constitutionalist theories of rights politics proposed by Jeremy Waldron and Richard Bellamy. While political constitutionalists are correct to argue that rights are ‘contestable’ and require democratic justification, they construe political activity almost exclusively with reference to voting, parties and parliamentary (...) law-making, neglecting the vital role rights play in political struggle outside and against the official institutions of democratic citizenship. In contrast to the political constitutionalist stress on the patient and reciprocal negotiation of rights within formal electoral processes, this paper locates the political nature of rights in their conflictual logic as ‘claims’ in multiple spheres that function to mobilise oppos... (shrink)

In this paper, I engage with the radical critique of human rights moralism. Radical critics argue that: human rights are myopic ; human rights are demobilising ; human rights are paternalistic ; and human rights are monopolistic. I argue that critics offer important insights into the limits of human rights as a language of social justice. However, critics err insofar as they imply that human rights are irredeemably corrupted and they under-estimate the subversive potential of the moral ideas that underpin (...) the discourse. Building on the idea of human rights as claims, I set out the politicising features of human rights as they are deployed in a practical context of disagreement, conflict, and imbalances of power. I illustrate this discussion with reference to the contemporary struggles of irregular migrants. (shrink)

Competition is pervasive in modern society, affecting work, education, and recreation. The question arises whether competition is consistent with scriptural teaching. The context for this enquiry is that Christians today disagree among themselves about whether Scripture has any normative content relating to competition. Some view competition as incompatible with Scripture, while for others it is compatible. On the basis of a given definition of competition, Christian contributions to the debate in the last decade are reviewed. Only six inputs were discovered, (...) with five arguing that Scripture takes no normative position toward competition. Most of this article is taken up with evaluating their cases that are found to be unpersuasive. A sixth paper claims that Scripture is incompatible with competition, examined in the penultimate section. From reviewing the six contributions to the debate, the conclusion is that that Scripture does not have a favorable attitude toward competition. (shrink)

PurposeWeb accessibility is the practice of making web sites accessible to people, such as the disabled, who are using more than just traditional web browsers to access the internet. The purpose of this paper is twofold: to overview web accessibility and to highlight the ethics of web accessibility from a managerial perspective.Design/methodology/approachTo that end, this paper reviews related literature, highlights relevant public policy, discusses web accessibility from a systems development perspective, and concludes with a discussion of web accessibility with respect (...) to different ethical theories.FindingsThe findings take the form of a tutorial that highlights how to address web accessibility projects. The findings also examine web accessibility projects as they relate to well‐known ethical theories. Additionally, the findings also incorporate ethical opinions from web designers who have completed web accessibility projects in the past.Originality/valueThe paper makes several contributions to the existing literatures on web accessibility and ethics. An important contribution is that the paper is the first tutorial on web accessibility that also examines the topic through the lens of ethical theories. In addition to the tutorial, the paper reports on the opinions of web designers who have worked on web accessibility projects in the past. (shrink)

Predictive genetic testing is now routinely offered to asymptomatic adults at risk for genetic disease. However, testing of minors at risk for adult-onset conditions, where no treatment or preventive intervention exists, has evoked greater controversy and inspired a debate spanning two decades. This review aims to provide a detailed longitudinal analysis and concludes by examining the debate's current status and prospects for the future. Fifty-three relevant theoretical papers published between 1990 and December 2010 were identified, and interpretative content analysis was (...) employed to catalogue discrete arguments within these papers. Novel conclusions were drawn from this review. While the debate's first voices were raised in opposition of testing and their arguments have retained currency over many years, arguments in favour of testing, which appeared sporadically at first, have gained momentum more recently. Most arguments on both sides are testable empirical claims, so far untested, rather than abstract ethical or philosophical positions. The dispute, therein, lies not so much in whether minors should be permitted to access predictive genetic testing but whether these empirical claims on the relative benefits or harms of testing should be assessed. (shrink)

The Russellian approach to the semantics of attitude ascriptions faces a problem in explaining the robust speaker intuitions that it does not predict. A familiar response to the problem is to claim that utterances of attitude ascriptions may differ in their Gricean conversational implicatures. I argue that the appeal to Grice is ad hoc. First, we find that speakers do not typically judge an utterance false merely because it implicates something false. The apparent cancellability of the putative implicatures is irrelevant, (...) since cancellability does not indicate conversational implicature. Finally, the appeal assumes, implausibly, that ordinary speakers generally subscribe to a particular philosophical theory about belief. (shrink)

Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states (...) in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee.The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. (shrink)

In this paper, I critically examine an important premise in theories of global distributive justice that, despite its widespread influence, has remained largely unexamined. This is the claim that state borders are morally arbitrary with respect to a just distribution of goods. I examine two common arguments for this claim, the argument that state borders are historically unjust and therefore morally arbitrary; and the argument first made by Charles Beitz that the conditions of a fair, hypothetical social contract would not (...) include knowledge of one's location with respect to the distribution of natural resources between state borders. I argue that there are good reasons to reject both arguments. Beitz's immense contribution to international justice can be gauged by the fact that it is difficult to find a contemporary work on global justice that does not reference his arguments in Political Theory and International Relations . Although some authors find Beitz's cosmopolitan theory objectionable, no author has, to my knowledge, criticized Beitz's pivotal arguments that our placement in the distribution of natural resources is morally arbitrary. The aim of this paper is to do just that. (shrink)

Self-harm within immigration detention centres has been a widely documented phenomenon, occurring at far higher rates than the wider community. Evidence suggests that factors such as the conditions of detention and uncertainty about refugee status are among the most prominent precipitators of self-harm. While important in explaining self-harm, this is not the entire story. In this paper, we argue for a more overtly political interpretation of detainee self-harm as resistance and assess the ethical implications of this view, drawing on interviews (...) with detainees from Australia’s offshore system. Self-harm by detainees is not only a medical ‘condition’ arising in response to oppression but a form of political action to lessen or contest it. We first establish how self-harm could be conceptualised as resistance. We then discuss its political purpose, noting it serves at least three functions: intrinsic, instrumental and disruptive or coercive. Viewing detainee self-harm as political resistance is a supplement to (rather than a substitute for) a medical approach. However, conceptualising self-harm this way has several advantages, namely, moving away from the idea that such behaviour is ‘maladaptive’, recognising detainees as political agents, combatting government claims of ‘manipulation’ and ‘blackmail’ and clarifying the duties of healthcare workers who work in detention. (shrink)

Do territorial rights include the right to exclude? This claim is often assumed to be true in territorial rights theory. And if this claim is justified, a state may have a prima facie right to unil...

This essay defends a strong right against displacement as part of a basic individual right to secure access to one’s home. The analysis is purposefully situated within the difficult context of climate change adaptation policies. Under increasing environmental pressures, especially regarding water security, there are weighty reasons motivating the forced displacement of persons—to safeguard water resources or prevent water-related disasters. Even in these pressing circumstances, I argue, individuals have weighty rights to secure access to their homes. I explain how the (...) home provides a functional context for conditions of autonomous agency. Being coerced from the home disrupts and subverts the conditions necessary for autonomous processes. I conclude by suggesting that the right to the home could be a foundational element of territorial rights. (shrink)

This article examines theories of ocean rights based on the works of Hugo Grotius and Samuel von Pufendorf. Grotius's object‐centred view uses features of the natural world to justify claims to external objects. I show that Grotius's view is inadequate, because it relies on an outdated claim that oceanic resources are sufficiently abundant for anybody to use. Further, adaptations of his view are wanting, because they either rely on arbitrary distinctions or disregard the values of cultural minorities. Pufendorf's relational view (...) constructs rights through the exercise of human will. While Pufendorf believes that agreements create rights, he also argues that property rights can be unilaterally acquired from the commons without express consent from others. The relational view is a viable alternative to the object‐centred view, because it both delimits territorial claims over the ocean to a ‘modest’ size and also respects cultural variability. A major aim of this article is to present Pufendorf's theory of territorial rights extended over oceans and to demonstrate how it is useful for assessing contemporary disputes. In the final sections, I apply the relational view to Canadian claims to the Northwest Passage, and I also sketch implications for assessing expanding claims to the seabed. (shrink)

In Sharing Territories, Cara Nine defends a river model of territorial rights. On a river model, groups are assumed to be interdependent and overlapping. Drawing on natural law philosophy, Nine's theory argues for the establishment of foundational territories around geographical areas like rivers.

Within a context of rapid growth and diversification in higher degree research programs, there is increasing pressure for the results of doctoral research to be made public. Doctoral students are now being encouraged to publish not only after completion of the doctorate, but also during, and even as part of their research program. For many this is a new and challenging feature of their experience of doctoral education. _Publishing Pedagogies for the Doctorate and Beyond_ is a timely and informative collection (...) of practical and theorised examples of innovative pedagogies that encourage doctoral student publishing. The authors give detailed accounts of their own pedagogical practices so that others may build on their experiences, including: a program of doctoral degree by publication; mentoring strategies to support student publishing; innovations within existing programs, including embedded publication pedagogies; co-editing a special issue of a scholarly journal with students; ‘publication brokering’, and writing groups and writing retreats. With contributions from global leading experts, this vital new book: explores broader issues pertaining to journal publication and the impacts on scholarly research and writing practices for students, supervisors and the academic publishing community takes up particular pedagogical problems and strategies, including curriculum and supervisory responses arising from the ‘push to publish’ documents explicit experiences and practical strategies that foster writing-for-publication during doctoral candidature. _Publishing Pedagogies for the Doctorate and Beyond_ explores the challenges and rewards of supporting doctoral publishing and provides new ways to increase research publication outputs in a pedagogically sound way. It will be a valued resource for supervisors and their doctoral students, as well as for program coordinators and managers, academic developers, learning advisors, and others involved in doctoral education. (shrink)

There is now an increasing body of knowledge on creative practice-based doctorates especially in Australia and the United Kingdom. A particular focus in recent years has been on the written examinable component or exegesis, and a number of studies have provided important information about change and stability in the form and nature of the exegesis and its relationship to the creative project. However, we still know relatively little about the pedagogical practices that supervisors use to support these students’ development as (...) scholarly writers, nor of how supervisors view ‘writing’ in relation to the creative practice components of the degree endeavour. This paper draws on data from a recent study of supervision in creative practice higher research degrees and it highlights the transformative nature of writing for the development of creative practice research scholars in the context of competing discourses on research writing. In contrast to institutional silencing of writing, the study relates numerous examples of effective writing-rich supervisory pedagogies illustrating how successful supervisors work with their students to bring their creative projects into articulation. (shrink)

This commentary highlights the observation that social motivation is usually an imprecisely specified construct. We suggest four social motivation conceptualizations across levels of analysis and explore where the target article situates among these. We then offer theoretical and practical guidance for operationalization and measurement of social motivation to support more comprehensive future research on this complex construct in the autism literature.

A familiar story about phenomenal knowledge likens it to indexical knowledge, i.e. knowledge about oneself typically expressed with sentences containing indexicals or demonstratives. The popularity of this sort of story owes in part to its promise of resolving some longstanding puzzles about phenomenal knowledge. One such puzzle arises from the compelling arguments that we can have full objective knowledge of the world while lacking some phenomenal knowledge. I argue that the widespread optimism about the indexical account on this score is (...) unwarranted. (shrink)

Emotions situate actors in relationships and shape their social interactions. Culture defines both the qualities of individual identity and the constitution of social groups with distinctive values and practices. Emotions, then, are necessarily experienced and acted upon in culturally inflected forms that define not only the conventions of their articulation through individual and collective action, but also the very words that name them. This article develops theoretical arguments to support these claims and illustrates their application in a description of differing (...) emotional repertoires, and their consequences, in Aotearoa New Zealand. The effects of resentment and shame in an ethnic politics of rights and antidiscrimination law demonstrate that context is central to a nuanced understanding of how law and emotions connect in the practicalities of enforcing the protections of anti-discrimination law. (shrink)

Inside and outside of a Christian worldview, bioethicists have discussed ectopic pregnancy at some length as a maternal-fetal vital conflict. Most bioethicists agree that methotrexate and salpingostomy are low-risk, successful interventions for this life-threatening pathology, and are thus beneficent, just, and wholly acceptable. A small cohort of Christian, largely Catholic, bioethicists have reservations about methotrexate and salpingostomy, but cannot resolve their internal disputes about these because of flawed casuistry. This paper aims to settle the issue about whether methotrexate and salpingostomy (...) are acceptable within a Catholic worldview: despite the best arguments in favor of methotrexate as a moral option, it is morally unacceptable, and despite hesitation about salpingostomy related to analogies with previable delivery, it is the optimal procedure for ectopic pregnancy. (shrink)

Some time ago, John Perry argued that the content of an indexical belief, that is, a belief expressible with a sentence containing an indexical or demonstrative, cannot be a proposition. I consider several of his arguments for this view, and show that they can be extended to show that belief expressible with other non-indexical expressions such as natural kind terms and proper names presents the very same problem for the traditional picture. I then suggest that if indexical belief has any (...) special status, this is not because it has a special kind of content, but rather because action is impossible if agents do not have indexical belief. (shrink)

Objective Standards of care regarding obstetric management of life-threatening anomalies are not defined. It is hypothesised that physicians' management of these pregnancies is variable and influenced by demographic factors. Design A questionnaire was mailed to members of the Society of Maternal–Fetal Medicine with valid US addresses assessing obstetric management of both ‘uniformly lethal’ (eg, anencephaly, renal agenesis) and ‘uniformly severe, commonly lethal’ (eg, trisomy 13 and 18) anomalies. Respondents were asked to answer as if not limited by state/institutional restrictions. Fisher's (...) exact or χ2 tests were used as appropriate and correction made for multiple comparisons in analyses that were not prespecified. Results The response rate was 36% (732/2038). Nearly 100% of respondents discuss termination for both uniformly and commonly lethal anomalies. In continuing pregnancies, with patient request for obstetric non-intervention 99% of providers would comply for either uniformly or commonly lethal anomalies. The majority ‘encourage’ such management, but some were non-directive or discouraged this management. In continuing pregnancies, with patient request for full obstetric intervention the majority of respondents was willing to comply for both uniformly (71%) and commonly (82%) lethal anomalies. While most practitioners ‘discouraged’ full intervention, some were non-directive or encouraged this management. Demographics and severity of anomaly influenced counselling. Conclusion Discrepancies exist regarding the management of life-threatening fetal anomalies. Patients may be offered different options based on practitioner demographics. The majority of physicians comply with patient wishes. Differences were noted when comparing the management of lethal with that of severe commonly lethal anomalies, suggesting that practitioners make a distinction when counselling patients. (shrink)

This is the story of a class of painters, puppeteers, puppy trainers, poets, and so much more. It is the story of how a community of first- and second-grade students, wonderful parents and colleagues, and a very wise principal helped me to teach so that each child could pursue a broad range of passions. It is a story about how my students, in recognizing one another’s passions, created a community where everyone, including the teacher, was celebrated.It is a story that (...) I tell with a joy tinged with sadness. The joy comes from my fondness for the memory as well as a conviction that my teaching that year created an experience that honored my students. The sadness comes from the fact that I tell this story from the.. (shrink)

This first-of-its-kind national survey of 485 psychiatrists in nine states and the District of Columbia finds substantial evidence of clinicians being uninformed, misinformed, and misinforming patients of their gun rights regarding involuntary commitments and voluntary inpatient admissions. A significant percentage of psychiatrists did not understand that an involuntary civil commitment triggered the loss of gun rights, and the majority of psychiatrists in states with prohibitors on voluntary admissions and emergency holds were unaware that patients would lose gun rights upon voluntary (...) admission or temporary commitment. Moreover, the survey found evidence that psychiatrists may use gun rights to negotiate “voluntary” commitments with patients: 15.9% of respondents reported telling patients they could preserve their gun rights by permitting themselves to be voluntarily admitted for treatment, in lieu of being involuntarily committed. The results raise questions of whether psychiatrists obtained full informed consent for voluntary patient admissions, and suggest that some medical providers in states with voluntary admission prohibitor laws may unwittingly deprive their patients of a constitutional right. The study calls into question the fairness of state prohibitor laws as policy, and — at minimum — indicates an urgent need for psychiatrist training on their state gun laws. (shrink)

A methodology for using philosophy to guide teaching preparation and practice. In Teaching from an Ethical Center, Cara E. Furman proposes a process for bringing philosophical inquiry into teacher education and adopting it as a centering tool to enrich teaching practice and help teachers act justly. Under Furman's thoughtful guidance, both experienced and preservice teachers will find that engagement with philosophy can be a useful means of clarifying for themselves the educational ethics, values, and pedagogy that guide their work. (...) Using firsthand accounts, recommended resources, and thought exercises, Furman prompts readers to explore the many benefits for both educators and their students of the act of reading and making sense of philosophical texts and thinking philosophically through daily dilemmas. Furman encourages teachers to engage in philosophical reflection as part of their professional preparation as well as their in-classroom practice. She illustrates how the focus on core values that emerges from this practice can be applied to everyday teaching dilemmas such as student behavior concerns and conflict management. Offering tips for adapting activities to different audiences, she shows how student participation in such inquiry supports hermeneutics, cultivates student voice, and helps build a culture of trust and interdependence through classroom collaboration. Filled with practical wisdom, this insightful work advances philosophical inquiry as a foundation for an inclusive education. Furman's tools and methods offer continuous opportunities for reflection and affirmation, enhancing educators' ability to adapt to new challenges and, when necessary, to resist. (shrink)

Cooperation, meaning collaboration between people who assist each other to achieve common goals, is argued to be one of Jesus’ major normative themes. This proposal has not previously been made in Christian ethics. Jesus’ emphasis on cooperation occurs within His major undertaking, His practice of obedience to God. Outlined initially is the meaning of cooperation that aims for mutual help and partnership with others in a friendly, trusting and harmonious alliance. Following that, Jesus’ teachings relating to cooperation are assessed, as (...) interpreted by Biblical exegetes. These teachings include the Golden Rule, Jesus’ admonitions for forgiveness, the need for generosity, required relations between His disciples, and Jesus’ healings. In the penultimate section, objections to the extension of Jesus’ teachings on cooperation in the modern world are found to be unpersuasive. (shrink)

In this paper, I take issue with the familiar view that the problem of the essential indexical is a merely technical problem, which can be solved through a straightforward revision of the familiar model of belief content. (The familiar model just says that the content of belief is a proposition.) I do not object to these technical fixes, but I think they leave some questions unanswered. Specifically, they deny us an attractive account of what it is for different people to (...) completely agree on their conception of what the world is like, according to which complete agreement consists in having beliefs with the same propositional content, but they do not give us anything to replace it with. Here, I consider whether we can say anything general about the relation between my beliefs and your beliefs (including, of course, our indexical beliefs), when you and I completely agree about what the world is like. (shrink)

This paper investigates how principals can be supported in their work as teacher leaders. My focus is on how principals can help teachers respond ethically to classroom challenges. I argue that in aiding teachers, school leaders themselves need support and ongoing development. I turn to the care of the self to conceptually explore ethical self-cultivation. I then argue that a practice, Descriptive Inquiry, serves as a way for principals to care for themselves. To make this argument, I draw on a (...) qualitative study of four long-term elementary school principals. (shrink)