The true story of ten tough and tattooed bikers who rescue animals in danger Using their combined 1700 pounds of muscle, Joe, Johnny O, Batso, Big Ant, G, Angel, Eric, Des, Bruce and Robert stop at nothing within the bounds of the law to save animals, be they furred, feathered, or scaled, from life-or-death situations throughout the New York City metropolitan area. Working from tips from concerned neighbors and anonymous sources, they have rescued countless animals, including a dognapped bulldog and (...) 180 cats from the home of a hoarder. In between rescues, they've protested the barbaric practices of a horse slaughterhouse, visited schools to educate children about animal kindness and that "abusers are losers," and participated in Puppy Mill Awareness Day in Lancaster, Pennsylvania. Former Newsday writer Denise Flaim chronicles their adventurous tales, detailing just what these brawny bikers, who will stop at nothing within the bounds of the law, can teach us all about respecting the creatures in our midst. (shrink)

BackgroundDecision-making in initiating life-sustaining health technology is complex and often conducted at time-critical junctures in clinical care. Many of these decisions have profound, often irreversible, consequences for the child and family, as well as potential benefits for functioning, health and quality of life. Yet little is known about what influences these decisions. A systematic review of reasoning identified the range of reasons clinicians give in the literature when initiating technology dependence in a child, and as a result helps determine the (...) range of influences on these decisions.MethodsMedline, EMBASE, CINAHL, PsychINFO, Web of Science, ASSIA and Global Health Library databases were searched to identify all reasons given for the initiation of technology dependence in a child. Each reason was coded as a broad and narrow reason type, and whether it supported or rejected technology dependence.Results53 relevant papers were retained from 1604 publications, containing 116 broad reason types and 383 narrow reason types. These were grouped into broad thematic categories: clinical factors, quality of life factors, moral imperatives and duty and personal values; and whether they supported, rejected or described the initiation of technology dependence. The majority were conceptual or discussion papers, less than a third were empirical studies. Most discussed neonates and focused on end-of-life care.ConclusionsThere is a lack of empirical studies on this topic, scant knowledge about the experience of older children and their families in particular; and little written on choices made outside ‘end-of-life’ care. This review provides a sound basis for empirical research into the important influences on a child’s potential technology dependence. (shrink)

Over several articles, John McDowell sketches an analogy between virtue and perception, whereby the virtuous person sees situations in a distinctive way, a way that explains her virtuous behavior. Central to this view is his notion of silencing, a psychological phenomenon in which certain considerations fail to operate as reasons in a virtuous person's practical reasoning. Despite its influence on many prominent virtue ethicists, McDowell's ‘silencing view’ has been criticized as psychologically unrealistic. In this article, I defend a silencing view (...) of practical reasoning. I argue that the phenomenon of silencing has a narrower scope than is typically acknowledged. As a result, the view does not require the virtuous to be detached, unfeeling, or unpalatably stoic. Furthermore, I offer a psychologically plausible interpretation of McDowell's claim that the virtuous see situations in a distinctive sort of way. The salient fact at which the virtuous arrive in their view of a situation should be understood, I argue, in terms of subjective construal. (shrink)

Surgical innovation involves practices, such as new devices, technologies, procedures, or applications, which are novel and untested. Although innovative practices are believed to offer an improvement on the standard surgical approach, they may prove to be inefficacious or even dangerous. This article considers how surgeons considering innovation should reason in the conditions of uncertainty that characterize innovative surgery. What attitude to the unknown risks of innovative surgery should they take? The answer to this question involves value judgments about the acceptability (...) of risk taking when satisfactory scientific information is not available. This question has been confronted in legal contexts, where risk aversion in the form of the precautionary principle has become increasingly influential as a regulatory response to innovative technologies that pose uncertain future hazards. This article considers whether it is appropriate to apply a precautionary approach when making decisions about innovative surgery. (shrink)

Prior researchers have studied individual components of a theoretical decision-making model. This paper presents the results of a more complete study of the model components and presents limited support of theory. The study examines the relative importance of regulatory, organizational, and personal constructs on an individual''s ethical sensitivity. Auditors from the major international accounting firms, located in two southeastern cities, are surveyed. Structural equation modeling is used to allow for the simultaneous evaluation of the three constructs of interest. The results (...) indicate that the regulatory and organizational constructs are negatively correlated with the personal experience construct. The three constructs are not significant causal factors on ethical sensitivity. This result may be due to the manner in which ethical sensitivity is typically measured or may indicate that the complexity of the ethical decision-making process is not fully captured in the theoretical models. Thus, the models suggested in the prior literature and the results presented in prior studies of the individual components may need to be reconsidered. (shrink)

Radical Feminism Today offers a timely and engaging account of exactly what feminism is, and what it is not. Author Denise Thompson questions much of what has come to be taken for granted as `feminism' and points to the limitations of implicitly defining feminism in terms of `women', `gender', `difference' or `race//gender//class'. She challenges some of the most widely accepted ideas about feminism and in doing so opens up a number of hitheto closed debates, allowing for the possibility of (...) moving those debates further. (shrink)

This essay focuses on the meaning that the term “experimental” acquires within spiritualism during the second half of the nineteenth century. It builds upon Paul Janet’s notions of “experience” and “experimentation” in psychology, by stressing the role of physiology and pathology in his reflection. Regardless of the role the concept of “experimentalism” took on in Victor Cousin’s psychology, which arguably indicated more an “internal affection” than actual experimentation, in Janet’s spiritualism the term regains its original meaning of empirical verification. Janet (...) highlights the importance of madness to the development of a new psychological paradigm that could reconcile philosophy and medicine, reason and experience, by taking up pathology as a form of natural and indirect experimentation. (shrink)

Ethics consultants and critical care clinicians reflect on Seattle’s early experience as the United States’ first epicenter of COVID-19. We discuss ethically salient issues confronted at UW Medicin...

Na tragédia de Eurípides, Electra, ganha relevo um embate discursivo entre Electra e sua mãe Clitemnestra, no qual ocorre uma subversão do contrato parresiástico, segundo Foucault (2007). Focalizando precisamente essa subversão, propomo-nos retornar a uma história das mulheres na Grécia Antiga, a fim de compreendermos os atravessamentos que essas mulheres têm em suas relações com as verdades, rituais, preceitos e condutas que, por sua vez, são indicativos de suas construções enquanto sujeitos. PALAVRAS-CHAVE: Discurso, História das Mulheres, Parresía.

Storage and secondary use of bloodspots collected for newborn screening raises controversies because of the particularly sensitive nature of the information that can be derived from them and the lack of national standards and consistent provincial policies that can serve to guide storage facilities. This report, derived through a review of Canadian and provincial policy statements, a survey of provincial newborn screening laboratory directors and program directors, as well as through a consultative workshop, illustrates the social, ethical and legal issues (...) regarding the storage, access and further uses of newborn bloodspots. The report indicates that there is a need for heightened transparency and clear recommendations concerning the criteria for storage, the duration of storage, and permissible secondary uses of dried bloodspots in Canada. (shrink)

Mediating the meaning of evidence through epistemological diversityNursing's disciplinary recognition of ‘multiple ways of knowing’ reflects an epistemological diversity that supports nursing praxis. Nursing as praxis offers a conceptual way to explore what it is about the interface of practice, knowledge and evidence in nursing that distinguishes us as a discipline. I suggest that the relationship between evidence and knowledge is defined and mediated by the same epistemological diversity that supports nursing as praxis. Just as the meaning and truth‐value of (...) evidence is evaluated from within the body of existing disciplinary knowledge, new evidence may prompt an evaluation of the meaning and truth‐value of extant nursing knowledge. Nursing practice that relies on scientific evidence as a singular basis of practice knowledge is susceptible to exploitation by the diverse agendas operating within an ideology of evidence‐based practice and the healthcare system. Mediating the meaning of evidence for nursing practice through acknowledgement of the diverse epistemologies that underpin nursing knowledge will contribute to a disciplinary‐specific definition of what constitutes evidence for nursing, and will better direct how evidence is integrated into a disciplinary body of knowledge. (shrink)

"Healing the past helps restructure the present, which then becomes the hope for the future." As we approach a new millennium, many of us are fearing for the future while hungering for a vision of our place in a sacred whole. The immense changes of the last hundred years have severed our sense of connection to a spiritual lineage that gave past generations the strength to meet life's challenges and bequeath wisdom to their descendants. In this inspirational yet down-to-earth book, (...) renowned healer and lecturer Denise Linn draws on her own story, as well as her Native American heritage and other ancient cultures, to guide you through acts of personal power that can reopen the wellspring of ancestral wisdom within you. By finding your roots and honoring your forebears--biological or adoptive, ethnic, cultural, mythological, and spiritual--you take your place as both a descendant and an ancestor. Defining who your ancestors are is a journey of self-discovery. Discovering who you are helps you break free from negative family patterns, embrace the positive, and create your own unique traditions. By fashioning a spiritual legacy through loving acts, you create energy to empower your future descendants. This fascinating guide teaches you to - Get in touch with the strength and spirit of your ancestors - Explore your personal myth - Restructure your past - Heal the family tree - Speak to your descendants through the art of giving - Revive rituals and create traditions for the twenty-first century With real-life stories and practical, easy-to-use exercises and meditations, Sacred Legacies shows how the choices we make in our own lives--however small--can forge a link with the future and help create a powerful new reality for all humanity and the planet. (shrink)

Learn mystical methods for clearing and uplifting the energy in your home! Space clearing is the art of cleansing and harmonizing the energy within an environment. This ancient practice has the power to not only make your home feel good but also help those within to feel more positive and energetic, to bring balance to relationships, and to remove blocks for increased abundance, creativity, and well-being. In this comprehensive guide to space clearing, internationally best-selling author Denise Linn distills more (...) than 50 years of experience as a leading authority in energy healing to guide you through sacred ceremonies and modern techniques for regaining control of the energy in any environment, including your home and your body. You'll learn how to transform any space using feng shui, clutter clearing, prayer, crystals, essential oils, mystic mudras, holy water, pendulums, and more! (shrink)

This book is a contribution both to analytical philosophy of mind, and to Marxist philosophy. Marxists see pervasive irrationality in the conduct of human affairs, and claim that people in a class-divided society are prone to a variety of misconceptions. They say that we can suffer from "false consciousness" in our views about what inspires our behavior and in our judgments as to what is good for us. Meyerson uses the techniques of analytic philosophy to investigate this picture and argues (...) that Marxism is committed to the idea of motivated belief, and that the idea is philosophically defensible. She shows that there are other philosophically defensible claims which are congenial to Marxism: that there are facts about interests, that interests are not based on wants, that a desire can be contaminated by its history, that our judgments about our interests do not automatically motivate us, and that beliefs can survive the evidence that they are false. Meyerson throws light on puzzling psychological phenomena which confront everyone in their everyday political experience. (shrink)

Demands for access to experimental therapies are frequently framed in the language of rights. This article examines the justifiability of such demands in the specific context of surgical innovations, these being promising but non-validated and potentially risky departures from standard surgical practices. I argue that there is a right to access innovative surgery, drawing analogies with other generally accepted rights in medicine, such as the right not to be forcibly treated, to buy contraceptives, and to choose to have an abortion, (...) including a post-viability abortion where the mother's life or health is threatened by the pregnancy. I argue that we accept these rights because we believe that people are entitled to try to preserve their lives and health and to make choices of an important and intensely personal kind, and I suggest that a person's choice of medical treatment should be seen in the same light. However, since few rights are absolute, I also consider the circumstances in which it may be justifiable to limit the right to access innovative surgery. In discussing this question, I apply the human rights standard of proportionality, comparing the importance of the reasons for limiting the right with the severity of the invasion on liberty. (shrink)

This article considers the issue of expanded access to innovative treatments in the context of recent legislative initiatives in the United Kingdom and the United States. In the United Kingdom, the supporters of legislative change argued that the common law principles governing medical negligence are a barrier to innovation. In an attempt to remove this perceived impediment, two bills proposed that innovating doctors sued for negligence should be able to rely in their defence on the fact that their decision to (...) innovate was “responsible.” A decision to innovate would be regarded as responsible if it followed a specified process. Although these changes to the law of medical negligence were not passed, this article argues that the idea of a process-based approach was sound. In the United States, a number of states have passed “Right to Try” laws that permit doctors to prescribe and companies to provide investigational products without the need for FDA approval. These laws do not purport to and nor are they able to alter the obligations of individuals and companies under federal law. They are consequently unlikely to achieve their stated aim of expanding access to investigational products. This article argues that they nevertheless have a cogent rationale in so far as they highlight the need for rights-based reform to federal regulations governing access. (shrink)

An important contribution of Alan Patten’s Equal Recognition is the conception of neutrality that grounds his defence of minority cultural rights. Built in to his conception of neutrality of treatment is a notion of ‘fairness’ whose effect is to provide an upfront, across the board limitation on the demands cultural minorities may legitimately make on the rest of society. There must be limits on the duty to accommodate, but it obscures more than it illuminates to build this into the content (...) of the right to equal recognition itself. We see more clearly what is at stake in these conflicts by articulating the value of self-determination independently and taking account of necessary limits to its satisfaction as part of a second-stage analysis of what duties may be claimed and against whom. Familiar principles of discrimination law exemplify this alternative model. This presents the interest in self-determination more robustly, while acknowledging that the claims of duty arising out of it are defeasible. The result is a more flexible and nuanced exploration of the complex moral issues involved when fundamental interests clash. (shrink)

Jean Dominique Bauby, former editor of Elle, suffereda stroke to his brain stem that left him with locked-in syndrome. Subsequently, through blinking his left eye, he writes his memoirof this experience, The Diving Bell and the Butterfly. Thispaper explores the meaning of embodiment, especially as one'sbody bears upon one's personal identity. It explores the variouschallenges and threats to selfhood that result from Bauby'sexperience and recounts how Bauby rises to the challenge throughhis memory and imagination.

De tout temps, les hommes d'Etat ont eu pour préoccupation majeure de réaliser l'intégration de leurs citoyens. C'est ce souci qui conduit, dès -334, Alexandre le Grand, élève d'Aristote, à l'élaboration d'une pensée unique et universelle pour assurer la cohésion de son Empire à l'échelle planétaire. La pensée devient alors, par sa fonction d'intégration, une entreprise gérée par l'Etat qui la fait évoluer selon des procédés appelés à se transmettre d'Empire à Empire. L'enquête menée par l'auteur, en suivant la formation (...) de la pensée universelle en milieux grec et romain, sa rivalité avec le judaïsme, sa rencontre avec le christianisme et sa confrontation avec l'Islam révèle les enjeux de fond qui expliquent la genèse de la pensée en Occident et les temps forts de son évolution. C'est à la lumière de ces enjeux que se sont trouvés éclairés les grands phénomènes de l'Histoire tels que la construction de l'Europe, les Renaissances et les profondes transformations mentales, culturelles et sociales qu'elles provoquent dans les sociétés d'Occident, l'explosion des hérésies, (des albigeois, des vaudois... ) et leur répression, les guerres saintes (le djihad, les croisades), l'antijudaïsme précurseur de l'antisémitisme, l'inquisition... Poursuivie jusqu'à Saint Louis, l'enquête a confronté l'auteur à trois espaces: l'Orient sunnite et chiite, l'Espagne musulmane et l'Occident chrétien et à plusieurs courants de pensée. En cela cet ouvrage pose un jalon essentiel dans l'exploration de l'histoire de l'Occident dans ses rapports avec l'histoire universelle, l'histoire du Saint-Siège et celle des minorités à laquelle Denise Bonan accorde une grande place. " Autant de sujets de discussion, souligne Jean Glénisson dans sa préface, pour les historiens et les philosophes qui trouveront dans cet ouvrage le lieu de rencontres stimulantes. ". (shrink)

Donation after circulatory determination of death (DCDD) is an accepted practice in the United States, but heart procurement under these circumstances has been debated. Although the practice is experiencing a resurgence due to the recently completed trials using ex vivo perfusion systems, interest in thoracoabdominal normothermic regional perfusion (TA-NRP), wherein the organs are reanimated in situ prior to procurement, has raised many ethical questions. We outline practical, ethical, and equity considerations to ensure transplant programs make well-informed decisions about TA-NRP. We (...) present a multidisciplinary analysis of the relevant ethical issues arising from DCDD-NRP heart procurement, including application of the Dead Donor Rule and the Uniform Definition of Death Act, and provide recommendations to facilitate ethical analysis and input from all interested parties. We also recommend informed consent, as distinct from typical “authorization,” for cadaveric organ donation using TA-NRP. (shrink)

Classifying human beings according to race and ethnicity may seem straightforward to some but it, in fact, belies a difficult process. No standard procedure exists for categorizing according to race and ethnicity, calling into question the variables’ use in research. This article explores the use of race and ethnicity variables in the nursing research literature. Content analysis was conducted of a sample of 337 original research studies published in Nursing Research from the years 1952, 1955, and then every 5 years (...) through to 2000. Of the 337 research articles reviewed, 167 mentioned race, ethnicity, or their 81 code words or phrases. Out of the 167 articles, 153 used race or ethnicity to describe the study sample, and 45 of the 167 articles included race or ethnicity as an element of data analysis. Throughout the sample, there was substantial inconsistency related to race and ethnicity categorization, meanings of the terms, and use of these variables. Specificity related to conceptual assumptions, definitions, and context was missing and, as a result, data interpretation and understanding are suspect. The integrity of nursing knowledge requires that nurse researchers recognize and address the difficulties inherent in using race and ethnicity in health research. (shrink)

Um posicionamento epistemológico -- Sociologia e psicanálise -- Reflexões sobre a obra psicanalítica de Sérgio Paulo Rouanet -- O indivíduo e o sujeito -- Inconclusões ou esperanças.

Gender has been shown to affect the persuasiveness of help-self and help-others appeals in fundraising: men prefer help-self appeals, and women help-others appeals. This gender difference has been attributed to world-view differences. Women have a care-oriented world-view and men a justice-oriented world-view – at least in masculine cultures. In feminine cultures, however, both men and women have a care-oriented world-view. The present study investigated whether in the feminine, Dutch culture the culturally adapted help-others appeal was more persuasive than the culturally (...) unadapted help-self appeal for both men and women. Results showed that the culturally adapted help-others appeal was the most persuasive appeal for men and women, who were both found to have a relatively care-oriented world-view. (shrink)

Many Western nations are emphasizing the importance of population health across health care delivery organizations and education systems. Despite significant momentum to integrate population health into nursing practice, a parallel effort to examine how these efforts impact practicing nurses' views of their professional role and work identity has not occurred. This secondary qualitative analysis, employing an abductive approach, explored processes public health nurses use in creating and maintaining their work identity through three organizing themes: narrative self‐identity, mandated identity, and identity (...) as struggle. The analysis was based on interview data collected from 30 US public health nurses residing in 17 states. ‘Being a real nurse’ describes public health nurses' efforts to balance a contradictory work identity where at times they are expected to focus on populations and at other times, on individuals. The identity work revealed through this study should be further explicated and specific strategies developed for stabilizing a work identity for public health nurses, as well as for any nurse charged with a population health role. (shrink)

Given that translation is always an imperfect process, why do people single out certain words as simply untranslatable? This article looks at one such supposedly untranslatable term, the German word Wissenschaft. Rather than take the word’s status as a given, it examines the historical processes through which Wissenschaft came to be seen as a word impossible to render into English. The article examines a mid-nineteenth century debate about Francis Bacon to show that as late as the 1860s “science” and “ (...) Wissenschaft” were still treated as comparable terms. Wissenschaft began to seem untranslatable only later in the nineteenth century, as part of a critique that set German national character in opposition to the supposedly shallow materialism of the British. After this initial divergence, scholars in the twentieth century continued to elaborate on the difference between the terms, with lasting implications for our retrospective understandings of nineteenth-century intellectual life. (shrink)

The analogy between virtue and skill is well-known from the ancient Greek ethical tradition, and in Intelligent Virtue, Julia Annas makes a compelling case for its continued relevance to contemporary theory. Yet scant attention gets paid to the kind of skill to which virtue is most appropriately analogized. An insufficiently nuanced view of skill, I contend, renders the analogy less illuminating than it otherwise might be, and prevents virtue ethicists from making optimal use of the analogy. In this paper, I (...) argue that embodied skill provides a particularly apt analogy for Aristotelian virtue in several important respects, and that it successfully captures the central features of Annas’ view while excluding skills that are problematically disanalogous to virtue. Moreover, I suggest that the refined analogy can help clarify some issues regarding deliberation, decision, and actions done on the spur of the moment. (shrink)

The purpose of the work reported here was to investigate the role of problem comparison and, specifically, analogical comparison in the induction of problem categories. This work was motivated by two factors. First, it is well-documented that experts and novices represent problems in very different ways and that solution success often depends on producing expert-like problem representations (DeGroot, 1965; Duncker, 1945; Chi, Feltovich, & Glaser, 1981; Hardiman, Dufresne, & Mestre, 1989; Novick, 1988; Schoenfeld & Herrmann, 1982; Silver, 1979, 1981). Second, (...) the problem representations produced by experts and novices appear to reflect differences in the way the two groups organize their knowledge bases. Although both groups appear to represent their problem-solving knowledge in terms of problem classes, or categories, expert categories tend to be defined in terms of deep structural features, whereas novice categories tend to be defined in terms of surface features (Adelson, 1981; Chase & Simon, 1973; Chi et al., 1981; Schoenfeld &. Herrmann, 1982; Silver, 1979, 1981). Because of this differential organization, experts are more likely than novices to retrieve solution-relevant information from their categories when constructing problem representations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 32.1 (2002) 49-62 [Access article in PDF] "What I Want Back is What I Was" Consolation's Retrospect Denise Riley "If a horse in its elation should say 'I am beautiful' it would be bearable" [Epictetus 289]. Epictetus, the Stoic philosopher, doesn't go on to say that if a human were to utter the same sentiment, it would be unbearable: only that the horse's owner shouldn't try to (...) take credit himself for the gratuitous beauty of his animal, or try to bask in those equine good looks which, if owned by him, aren't his. The horse, though, in its jubilation can get away with boasting.There's a noticeable awkwardness in any mention of human physical beauty; its embarrassment can include a fear of lapsing into that vanity deplored alike by the Old Testament and by some feminisms. This hesitation isn't simply the wish to steer clear of laying arrogant claims to distinction; for someone can say, not boastfully but in the spirit of mentioning a contingent fact, "I used to be a strong swimmer," without the same sheepishness. But there does seem to be something especially stubborn, unmentionable, about beauty's independence. The fact that, as a lost thing, it was never owned isn't enough to characterize faded beauty's discursive peculiarities. For the same holds true, for instance, of youth. It's extremely difficult to feel yourself to be young at the actual time when you are. Certainly I was never a child.These pages skip all but one small aspect of this matter of who or what can claim beauty. They'll look only at an extremely common sentence of regret for lost physical beauty: at the strange bending of time implicit in saying inwardly, "Yes, I suppose in the past I must have been beautiful, as people used to say, although at the time I never saw it." To meditate on this very ordinary thought is by no means to despise it; and it would be foolish to tut over such retrospective self-shaping. This is how the language of self-characterization often operates backwards.1It would be vacuous to condemn our attempts at a little distraction from the approach of death with sentences like "After all, I suppose I must have been something of a beauty when I was young," or at least, where you know you can't make such a claim, the ever-reliable lament "Compared to what I am now, they should have seen me then!" (Indeed such slipping into the retrospective-fantastic mood may be positively benign in another content: for instance, a compensating refusal to treat anyone now as harshly as I was myself treated then. And there could be far riskier contents to a sentence of retrospective "realization" than mere vanity, such as revelation and enlightenment: "now I see that all along I was a favored son of God, though formerly I was blind to this shining truth.") Meanwhile timor mortis is ever at hand, and will only intensify: [End Page 49]The wrinkles which thy glass will truly showOf mouthèd graves will give thee memory.2Still, there's something of a taboo or an unnameability about the gradual erosion of whatever we feel we once had by way of beauty, a silence which, unsurprisingly, persists irrespective of the enormous new industries of repair and regeneration. This anxiety over the eclipse of your looks is exhaustively catered to (and, in the process, magnified) yet is itself a dread scarcely mentioned. How beauty's ordinary loss is silently spoken is a point at which the consolations of illusion meet and fortify the illusions of consolation. If their encounter produces a blankness liable to sink into depressive shame, arguably this adds to an unvoiced vertigo of the everyday; but what more might thinking aloud about it do? 1 The Sentence of Retrospect For the purposes of illustrating this grammar of concessive retrospect, let's imagine a puppet (for the purposes of argument here, a caricature will have to do) oddly equipped with... (shrink)

A central trend in the development of discrimination law, in every jurisdiction, has been the movement from a requirement of intention to ground a complaint to the recognition as actionable of indirect or adverse effect discrimination. Initially, liability for discrimination was circumscribed very narrowly, requiring a form of intention that was tantamount to malice. The practical consequences of this narrow conception were apparent early on, and those concerned about them have long been agitating, with some success, for a reading or (...) redrafting of anti-discrimination statutes that would yield broader liability. Advocacy in the discrimination law context has tended to swing wildly between two extremes -- from a virtually exclusive focus on the moral blameworthiness of the defendant to an attempt to focus solely on the effects of discrimination on its victims. This article seeks to reexamine the gradual expansion of liability in discrimination law from the perspective of the key conceptual elements of liability in tort law in order to reexamine the normative underpinnings of this area of law. Viewed from a tort perspective, the enlargement of the scope of discrimination law can best be understood as resulting from an implicit expansion of the concept of fault appropriate to this context of human interaction, a change linked to an expanding conception of the human interests that discrimination law protects from infringement. From its beginnings, discrimination law implicitly recognized that deliberately refusing to contract with others out of ill will or prejudice toward an important aspect of identity such as race or sex constituted an affront to human dignity that could not be justified by the value of freedom of contract. The expansion of liability over time reflects an expansion of the concept of human dignity bound up with fair access to important opportunities and due consideration of the needs and interests of differently situated groups in the design of important social institutions. This conception of dignity constructs it as an objective interest that can be affected by implicitly discriminatory behavior as well as by conduct motivated by prejudice, requiring more robust justification than the mere claim to liberty. This approach can explain many of the advances in modern discrimination law without resorting to end-state distributive principles. (shrink)

In theory, a human rights framework should protect and guarantee the equal provision of care and rights of all people. In practice, however, the universality that underlies human rights is enacted through citizenship rights, which rely on the individual politically ‘belonging’ to a nation-state.