Ellen Feder's monograph is an attempt to think about the categories of race and gender together. She explains and then employs some critical tools derived from Foucault, in order to advance her main argument: that the institution of the family is the locus of the production of gender and race, and that gender is best understood as a function of a "disciplinary" power that operates within the family, while race is the function of a "regulatory" power acting upon (...) the family from outside. Her interdisciplinary work will be of interest to feminist philosophers and theorists because it plays into a recent expansion of interest in the family, as well as to literary scholars of Foucault, to scholars of race and race theory, and to other feminist scholars in political science, sociology, anthropology, and cultural studies. (shrink)

Even as feminist analyses have contributed in important ways to discussions of how gender is raced and race is gendered, there has been little in the way of comparative analysis of the specific mechanisms that are at work in the production of each. Feder argues that in Michel Foucault's analytics of power we find tools to understand the reproduction of whiteness as a complex interaction of distinctive expressions of power associated with these categories of difference.

Putting the ethical tools of philosophy to work, Ellen K. Feder seeks to clarify how we should understand "the problem" of intersex. Adults often report that medical interventions they underwent as children to "correct" atypical sex anatomies caused them physical and psychological harm. Proposing a philosophical framework for the treatment of children with intersex conditions—one that acknowledges the intertwined identities of parents, children, and their doctors—Feder presents a persuasive moral argument for collective responsibility to these children and their families.

Contemporary industrialized societies have been confronted with the fact and consequences of women's increased participation in paid employment. Whether this increase has resulted from women's desire for equality or from changing economic circumstances, women and men have been faced with a crisis in the organization of work that concerns dependents, that is, those unable to care for themselves. This is labor that has been largely unpaid, often unrecognized, and yet is indispensable to human society.

Does life have meaning? What is flourishing? How do we attain the good life? Philosophers, and many others of us, have explored these questions for centuries. As Eva Feder Kittay points out, however, there is a flaw in the essential premise of these questions: they seem oblivious to the very nature of the ways in which humans live, omitting a world of co-dependency, and of the fact that we live in and through our bodies, whether they are fully abled or (...) disabled. Our dependent, vulnerable, messy, changeable, and embodied experience colors everything about our lives both on the surface and when it comes to deeper concepts, but we tend to leave aside the body for the mind when it comes to philosophical matters. Disability offers a powerful challenge to long-held philosophical views about the nature of the good life, what provides meaning in our lives, and the centrality of reason, as well as questions of justice, dignity, and personhood. These concepts need not be distant and idealized; the answers are right before us, in the way humans interact with one another, care for one another, and need one another--whether they possess full mental capacities or have cognitive limitations. We need to revise our concepts of things like dignity and personhood in light of this important correction, Kittay argues. This is the first of two books in which Kittay will grapple with just how we need to revisit core philosophical ideas in light of disabled people's experience and way of being in the world. Kittay, an award-winning philosopher who is also the mother to a multiply-disabled daughter, interweaves the personal voice with the philosophical as a critical method of philosophical investigation. Here, she addresses why cognitive disability can reorient us to what truly matters, and questions the centrality of normalcy as part of a good life. With profound sensitivity and insight, Kittay examines other difficult topics: How can we look at the ethical questions regarding prenatal testing in light of a new appreciation of the personhood of disabled people? What do new possibilities in genetic testing imply for understanding disability, the family, and bioethics? How can we reconsider the importance of care, and how does it work best? In the process of pursuing these questions, Kittay articulates an ethic of care, which is the ethical theory most useful for claiming full rights for disabled people and providing the opportunities for everyone to live joyful and fulfilling lives. She applies the lessons of care to the controversial alteration of severely cognitively disabled children known as the Ashley Treatment, whereby a child's growth is halted with extensive estrogen treatment and related bodily interventions are justified. This book both imparts lessons that advocate on behalf of those with significant disabilities, and constructs a moral theory grounded on our ability to give, receive, and share care and love. Above all, it aims to adjust social attitudes and misconceptions about life with disability. (shrink)

The title of this paper deserves an explanation—or rather two explanations, one for the portion preceding the colon, the other for that following as the subtitle. The first part is derived from a short essay by Emily Perl Kingsley, written in 1987 in response to questions she had received about what it is like to raise a child with Down Syndrome.1 Kingsley suggests that planning for a child is like planning a trip to some wonderful destination—in her example, Italy. She (...) asks us to imagine the anticipation: searching out guidebooks, learning important sites to visit, the excitement at being able to see things one has heard about an entire lifetime—seeing Michelangelo's David, for instance. But, when the plane. (shrink)

The essays of this volume consider how acknowledgement of the fact of dependency changes our conceptions of law, political theory, and morality, as well as our very conceptions of self.

Having encountered landmines in offering a critique of philosophy based on my experience as the mother of a cognitively disabled daughter, I ask, “Should I continue?” I defend the idea that pursuing this project is of a piece with the invisible care labor that is done by people with disabilities and their families. The value of attempting to influence philosophical conceptions of cognitive disability by virtue of this experience is justified by an inextricable relationship between the personal, the political, and (...) the philosophical. If one grants that the “special relationship” between mother and child requires moral recognition, then I need first to make vivid the case that this relationship in the case of a child who lacks some “normal capacities” is indistinguishable from any mother‐child relationship. If this is so, then I believe I can make a case that has as its conclusion that the moral personhood of even the severely cognitively disabled must be granted. Moreover, such recognition, I argue, necessitates the recognition of others who bear no special relationships to the child. (shrink)

I explore the ethics of altering the body of a child with severe cognitive disabilities in such a way that keeps the child “forever small.” The parents of Ashley, a girl of six with severe cognitive and developmental disabilities, in collaboration with her physicians and the Hospital Ethics Committee, chose to administer growth hormones that would inhibit her growth. They also decided to remove her uterus and breast buds, assuring that she would not go through the discomfort of menstruation and (...) would not grow breasts. In this way she would stay “forever small” and be able to be carried and handled by family members. They claimed that doing this would ensure that she would be able to be part of the family and of family activities and to have familial care. But the procedure has raised thorny ethical questions. I wish to explore these questions philosophically by bringing to bear my own experiences as a mother of a grown daughter with severe cognitive impairments. (shrink)

Arlie Hochschild glosses the practice of women migrants in poor nations who leave their families behind for extended periods of time to do carework in other wealthier countries as a “global heart transplant” from poor to wealthy nations. Thus she signals the idea of an injustice between nations and a moral harm for the individuals in the practice. Yet the nature of the harm needs a clear articulation. When we posit a sufficiently nuanced “right to care,” we locate the harm (...) to central relationships of the migrant women. The “right to (give and receive) care” we develop uses a concept of a relational self drawn from an ethics of care. The harm is situated in the broken relationships, which in turn have a serious impact on a person’s sense of equal dignity and self-respect, particularly since the sacrifice of central relationships of the migrant woman allows others (mostly women) to maintain these same relationships. The paper ends with a brief discussion of some of the solutions we need to consider. (shrink)

Following extensive examination of published and unpublished materials, we provide a history of the use of dexamethasone in pregnant women at risk of carrying a female fetus affected by congenital adrenal hyperplasia (CAH). This intervention has been aimed at preventing development of ambiguous genitalia, the urogenital sinus, tomboyism, and lesbianism. We map out ethical problems in this history, including: misleading promotion to physicians and CAH-affected families; de facto experimentation without the necessary protections of approved research; troubling parallels to the history (...) of prenatal use of diethylstilbestrol (DES); and the use of medicine and public monies to attempt prevention of benign behavioral sex variations. Critical attention is directed at recent investigations by the U.S. Food and Drug Administration (FDA) and Office of Human Research Protections (OHRP); we argue that the weak and unsupported conclusions of these investigations indicate major gaps in the systems meant to protect subjects of high-risk medical research. (shrink)

In this essay, I recount and examine my response to a genetic diagnosis of my disabled daughter. My daughter was forty‐nine before the diagnosis came. All her disabilities were traceable to a de novo single gene variant on the PURA gene that was discovered only in 2014. I speak of the jolt and the recalibration that this discovery engendered, concluding that, while it seemed that everything had changed, nothing had changed. But my family did discover a community in which (...) Sesha joins other PURA‐perfect sons and daughters and where we as a family acquire a “horizontal identity” marked by a genetic variant. (shrink)

As the mother of a daughter who has and will always require care to meet her most basic needs, I have seen firsthand how critical it is to have adequate means by which to meet those needs—for her sake, mine, and my family’s. Her flourishing life has contributed to enhancing not only our own, but those of all who care for her and who enter our lives. I have wanted to see us do better by all the families who (...) struggle and have to scratch and claw their way to access services and resources their children need. I have tried in my past writings to articulate the need and the reason why we as a society, as a community, are neither just nor caring as long as we leave their needs unmet. At the same time, I have watched as .. (shrink)

The purpose of the study is to determine the compliance of the legislative interpretation of the concept of "traditional family values" with the cultural codes of legal consciousness that have developed to the current moment. In connection with this goal, the article examines the types of modern Russian family, taking into account the peculiarities of the mentality, cultural and religious traditions of the peoples of our country, analyzes the content of the norms of the Basic Law, as well (...) as other legislative acts of the Russian Federation. The scientific novelty lies in the application of the methodological tools of legal hermeneutics to determine the content of the concept of "traditional family values" and substantiate the conclusion that the transfer of this concept from broad social contacts to the field of professional legal thinking occurs in accordance with the formed cultural code. As a result of the analysis, the duality of the corresponding cultural code of legal consciousness is revealed. (shrink)

In two decisions delivered inFebruary and March 2001, the German FederalConstitutional Court voided the maritalagreements struck between a man and a pregnantwoman on the grounds that they were the productof an inequality of bargaining power betweenthe parties. These findings, involving anapplication of the fundamental rightsprovisions of the German Basic Law to privateagreements, demonstrate the creeping competenceof the F.C.C. into the sphere of contractualrelations and an ongoing questioning ofthe traditional public/private law divide. Exploring some of the implications of applyingpublic values and (...) constitutional reviewstandards to private agreements, this notecontextualises the decisions within the debateupon competing (and ultimately colliding)social systems of the family and the market. (shrink)

Law enforcement officials often turn to DNA identification methods to detect—and rule out—possible offenders. Every state operates its own database of convicted offenders' DNA profiles; some states store profiles of arrested people, too. The Federal Bureau of Investigation maintains a national database of profiles submitted by laboratories across the country.A few years ago, officials came up with a new way to use DNA profiles in forensic identification. Ordinary searches require an exact match between DNA found at a crime scene and (...) a forensic DNA profile. A partial match means that the profiled individual should not be considered a suspect. But partial matches create another possibility: the crime scene DNA may .. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...) in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title (...) to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”. (shrink)

Polygynous families had been living legally in Russia in the areas inhabited by Muslims from the October Revolution to the mid-twentieth century. However, such a family model was not common among the followers of Islam. An act penalizing bigamy or polygamy was introduced into the Penal Code in 1960. During perestroika, and later changes in the political system, imams who came from abroad began to visit areas inhabited by Muslims. They contributed to the rebirth of religion and promoted the (...) idea of polygamy. Polygyny is the visible sign of dissimilarity and Muslim identity and was an important point in their teaching. In this context the number of polygynous relationships in Russia has increased significantly. The article is dedicated to the analysis of social and political discourse in Russia that has been taking place for several years. (shrink)

In the 1996 overhaul of federal welfare legislation, Congress included provisions to promote employment, marriage, and responsible fatherhood to prevent poverty among low-income families. Little previous research has focused on how marriage promotion policies construct paternal identity. Drawing on data from an 18-month study of a federally funded relationship skills program for low-income, unmarried parents, I analyze how responsible fatherhood policies attempt to shape ideas of successful fatherhood and masculinity in the service of the government’s pro-marriage, antipoverty agenda. The program (...) promoted a class-specific version of what I call marital masculinity, one that seeks to redefine marriageability for low-income men by claiming that marriage comes before financial success and encourages fathers to earn more. It did this by targeting fathers’ masculine identities in two ways: first, by emasculating fathers who only provide financially for their children, and second, by promoting a highly gendered conception of paternal caregiving. By analyzing how this strategy can be understood as both empowering and controlling for low-income men, this research adds to the sociological literature on how welfare policies shape paternal identity and gendered family practices. (shrink)

During the past decade and a half, the field of family literacy has gone from its infancy on the educational periphery toward a position closer to the mainstream. Characteristic ofthe field’s growth is the nation’s largest endeavor in family literacy, the federal Even Start program, which began from scratch in the late 1980s and now claims more than 800 local programs in 50 states and Puerto Rico.Despite several national evaluations of Even Start, no comprehensive study in the (...) class='Hi'>family literacy literature specifically focuses on this quarter-billion dollar program’s attempts to measure the progress of its adult students. Accordingly, this study sought to discover the ways in which adult assessment is performed by Even Start programs.This essay emphasizes critical thinking with regards to assessment in Even Start programs Critical thought and reflection drive the exploration of several themes in the study’s data that carry itnplications for the families served by Even Start. These implications, gleaned from what Brookfield (1987) calls “reflective skepticism” and careful study of the data, bring the survey’s numbers to life and ultimately yield useful, potentially program-enhancing information.The article offers background on family literacy and Even Start programs and briefly illustrates the study’s methodology. Then follows a discourse that views the study’s findings through the lens of critical thought, drawing meaning from selected findings that contain repercussions for Even Start families. The piece concludes with recommendations for the improvement of Even Start programs through enhanced assessment and continued study. (shrink)

Focusing on the barriers between social work intervention in education and government funded programs that impact African American students, this book approaches these issues from a child-centered perspective. Interviews with ten African American students were conducted to discuss their perspectives on education, family life, and social work intervention.

The current financial stress in the countryside and the future of the family farm are likely to be major issues in the formulation of the 1990 Farm Bill. Medium-sized commercial family farms may be especially targeted for support. These farms are the basis of rural economies and settlement patterns in many parts of nonmetropolitan America.Two possible changes in farm policy are debt restructuring and the decoupling of farm payments from commodity production. Many medium-sized family farms continue to (...) face substantial debt problems, but most of these farms could be viable with some debt restructuring. Ccmmodity programs have become extremely expensive and encourage overproduction and the consolidation of farming resources into ever larger units. Federal farm programs may become based on need, with a sensitivity to differences in regional farming systems. Such a policy could support medium-sized family farms, slow the growth in superfarms, reduce surpluses, and reduce the overall cost of farm programs. (shrink)

Family farming became a major social force in the Federal Republic following World War II. Several political, economic and social factors facilitated the development of a unified political representation within the farm sector. The German Farmers Union (Deutscher Bauernverband) became the main representative of the farm sector. Its platform included the preservation of family farms and it attempted to realize this goal through the promotion of commodity price support policies. Political support for these programs was legitimized with the (...) elaboration of a system of values espousing the positive qualities of family farms. Price support policies were opposed by free market advocates with an alternative system of values that fundamentally contradicted those of family farm advocates. Although commodity price supports promoted by partisans of family farming dominated agricultural policy formation in the 1950s and 1960s, fiscal crisis in the EEC and economic differentation within the farm sector began to undermine the position of family farming as a social force. But economic stagnation also prevented the free market position from gaining dominance. Economic differentiation within the farm sector has had an important regional dimension, and this has served as a basis for policy compromise. Economic changes over the post-WWII period have undermined the family farm as a social force. Nevertheless, values associated with family farming continue to have a place in agricultural policy. However, family farming is valued less as an end in itself, and more as a means to the realization of more practical ends such as the preservation of rural landscapes for recreational purposes. (shrink)

This article argues for two theses. The first is that many of the sociological factors endemic in the philosophical community function as barriers to the recruitment of members of minority groups in the profession and to their functioning as public intellectuals. The division into familial groups, the fights for security and success, and the weakness of the federal organization of the American Philosophical Association all contribute to these barriers. The second is that sociology has a place in philosophy, even though (...) it should not be confused with it. This means that philosophers need to consider social phenomena. (shrink)

Federal credit policies toward agriculture reflect the human values of maintaining the farm production sector largely as an industry characterized by small-scale, family farms. The Farmers Home Administration has implemented various credit programs designed to carry out this policy objective. As a result of the prolonged financial crisis in the farm economy, the agricultural community is becoming more aware of the controversies surrounding the mission of FmHA and its debt restructuring program. This paper discusses the debt restructuring program administered (...) by the Farmers Home Administration (FmHA), as authorized by the Agricultural Credit Act of 1987, and amended by the recently enacted Farm Bill of 1990. It discusses the key provisions of the Agricultural Credit Act authorizing FmHA to establish a debt restructuring and debt forgiveness program aimed at achieving the public policy objective of keeping financially stressed farmers in business, whenever possible.In the course of reviewing the restructuring program, FmHA officials and congressional committees reviewed the FmHA's mission and its program implementation. This review indicated that several unintended negative consequences resulted from several abuses stemming from inadequate administrative mechanisms and controls and conflicting legislative objectives of debt forgiveness and federal tax policy. In enacting the 1990 Farm Bill, Congress sought to reorient FmHA's mission to a temporary source of credit and to eliminate various abuses associated with the implementation of FmHA's debt restructuring program. The 1990 Farm Bill reflects an effort by Congress to address some the controversies surrounding federal credit policies toward agriculture. Although Congress placed limits on debt restructuring, the overall public policy objective of maintaining a family-farm posture in the agricultural sector continues to be an important social value. (shrink)

Shared views regarding the moral respect which is owed to children in family life are used as a guide in determining the moral permissibility of nontherapeutic clinical research procedures involving children. The comparison suggests that it is not appropriate to seek assent from the preadolescent child. The analogy with interventions used in family life is similarly employed to specify the permissible limit of risk to which children may be exposed in nontherapeutic research procedures. The analysis indicates that recent (...) writers misconceive how certain moral principles, such as respect for personal autonomy, require us to act toward children. The results are also used to assess proposed federal regulations on research with children. (shrink)

Desde a Constituição federal de 1988, o Brasil tem avançado, mesmo que vagarosamente, na construção de políticas públicas de inclusão de pessoas que se encontram em condições de desvantagem social. Dentre os movimentos sociais de luta, estão as pessoas com deficiência, seus familiares e profissionais de distintas áreas de atuação. Em agosto de 2021 o Ministro da Educação brasileira proferiu discursos que se engajam em atitudes excludentes. Dentre as falas mais polemizadas, afirmou que nas escolas há crianças com deficiência que (...) atrapalham o aprendizado dos demais alunos. O objetivo deste ensaio é discutir acerca dos discursos do Ministro como impactantes dispositivos de marginalização e exclusão social dos estudantes com deficiência. O teor do ensaio se ampara no acervo documental e legislativo que fundamenta a história, a emanação e a implementação de políticas públicas pró-educação inclusiva, bem como em autores que sustentam as Ciências Humanas e Sociais no entendimento que a diferença e as liberdades de Ser e estar no mundo, com o mundo, com as outras pessoas, sendo diferente, são valores humanos inegociáveis. Palavras-chave: Diferença; Inclusão; Educação; Políticas públicas; Exclusão. "We don't want inclusiveness": an (un)inspired essay by the Minister of Brazilian education Abstract: Since the Federal Constitution of 1988, Brazil has advanced, albeit slowly, in the construction of public policies for the inclusion of people who find themselves in conditions of social disadvantage. Among the social struggle movements are people with disabilities, their families and professionals from different areas of activity. In August 2021 the Brazilian Minister of Education delivered speeches that engage in exclusionary attitudes. Among the most controversial speeches, he stated that in schools there are children with disabilities who hinder the learning of other students. The objective of this essay is to discuss about the Minister's speeches as impacting devices of marginalization and social exclusion of students with disabilities. The content of the essay is supported by the documentary and legislative archive that underlies the history, emanation and implementation of public policies for inclusive education, as well as by authors who support the Human and Social Sciences in the understanding that the difference and the freedoms of Being and being in the world, with the world, with other people, being different, are non-negotiable human values. Keywords: Difference; Inclusion; Education; Public policy; Exclusion. No queremos inclusivismos”: un ensayo (des)inspirado por el Ministro de la Educación brasileña Resumen: Desde la Constitución Federal de 1988, el Brasil ha avanzado, aunque lentamente, en la construcción de políticas públicas para la inclusión de personas que se encuentran en condiciones de desventaja social. Entre los movimientos sociales de lucha se encuentran personas con discapacidad, sus familias y profesionales de diferentes áreas de actividad. En agosto de 2021, el Ministro de la Educación brasileña pronunció discursos que involucran actitudes excluyentes. Entre los discursos más controvertidos, afirmó que en las escuelas hay niños con discapacidad que dificultan el aprendizaje de otros estudiantes. El objetivo de este ensayo es discutir sobre los discursos del Ministro como dispositivos impactantes de marginalización y exclusión social de los estudiantes con discapacidad. El contenido del ensayo se sustenta en el archivo documental y legislativo que sustenta la historia, emanación e implementación de las políticas públicas de educación inclusiva, así como por autores que apoyan a las Ciencias Humanas y Sociales en el entendimiento de que la diferencia y las libertades de Ser y estar en el mundo, con el mundo, con otras personas, siendo diferente, son valores humanos innegociables. Palabras clave: Diferencia; Inclusión; Educación; Políticas públicas; Exclusión. Data de registro: 21/09/2021 Data de aceite: 17/05/2022. (shrink)

In this essay, I connect my work on Archipelago studies with Édouard Glissant’s notions of relationality and Caribbean confederations to formulate what I denominate as the erotics of archipelagic thinking. My main goal is to share my process of thinking with and through Glissant’s work to focus on a series of theoretical gestures that have allowed me to propose modes of reading literary depictions of Caribbean con/federations that go beyond the binary opposition between colonialism and nationalism. I am performing an (...) exercise that I assign to my students when I teach the “Introduction to Critical Theory” course at the University of Miami. Instead of writing an essay with a short theoretical introduction followed by a detailed close reading of literary and cultural texts that illustrate a keyword or a theoretical insight, I conduct a methodological meditation in which I theorize the archipelagic as a form of relationality that configures an erotic imaginary beyond the nuclear family and towards affective networks. To think about the Caribbean as an archipelagic formation, I use my comparative work on the Antillean Confederation in the Hispanic Caribbean (1860-1898) and the West Indies Federation in the English Caribbean (1958-1962) as a historical context in which the region congealed as a network of locations “act[ing] in concert.". (shrink)

This research focuses on the issue of human rights violations, particularly those affecting Muslim women in Indonesian diaspora marriages in Russia. Despite the regulations set by the Family Code of the Russian Federation, there have been reports of abuse, expulsion, withholding of documents and unilateral divorce. The purpose of this qualitative research using Smith’s phenomenological approach is to analyse the root causes of these violations and provide solutions. Data were collected through in-depth interviews, observation and documentation analysis. The (...) results showed that domestic violence was caused by a lack of self-concern and lack of cultural, legal and legal administration literacy. This lack of literation contributes to the violation of the rights of married diaspora women in Russia. Self-protection can be enhanced by increasing faith-based marriage literacy and cultural and legal literacy. Contribution: This research provides insight into the factors contributing to human rights violations in Indonesian diaspora marriages in Russia and proposes solutions to prevent such violations. The findings of this study can also serve as a basis for future research in the field of human rights and diaspora. (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)

Corporatism and syndicalism have a certain family resemblance as political philosophies and political projects committed to functional representation, but they also differ in other, more fundamental respects. Viewed as forms of economic and political interest intermediation, their crucial common feature is explicit organization in terms of the functions performed in the division of labour by those represented through such organizational forms. Such representation can be organized in various ways, however, which enables one to distinguish syndicalism from corporatism and their (...) variant forms. Both historically and comparatively, syndicalism is simpler and so easier to define. Essentially it comprises an economic and political movement of the working class that is avowedly both anti‐capitalist and anti‐statist; and its ultimate goal is to abolish capitalism and the state in favour of a loose decentralized federation of worker‐owned and worker‐managed production units. Corporatism is harder to encapsulate in a sentence or two. But there is broad agreement that most corporatist projects accept the legitimacy (or, at least, medium‐term inevitability) of both market forces and state institutions but also seek to limit, modify and guide their operation by linking them formally and substantively to functional representation. (shrink)

Background Nurses frequently face situations in their daily practice that are ethically difficult to handle and can lead to moral distress. Objective This study aimed to explore the phenomenon of moral distress and describe its work-related predictors and individual consequences for home-care nurses in Germany. Research design A cross-sectional design was employed. The moral distress scale and the COPSOQ III-questionnaire were used within the framework of an online survey conducted among home-care nurses in Germany. Frequency analyses, multiple linear and logistic (...) regressions, and Rasch analyses were performed. Participants and research context The invitation to participate was sent to every German home-care service ( n = 16,608). Ethical considerations The study was approved by the Data Protection Office and Ethics Committee of the German Federal Institute for Occupational Safety and Health. Results A total of 976 home-care nurses participated in this study. Job characteristics, such as high emotional demands, frequent work-life-conflicts, low influence at work, and low social support, were associated with higher disturbance caused by moral distress in home-care nurses. Organizational characteristics of home-care services, such as time margin with patients, predicted moral distress. High disturbance levels due to moral distress predicted higher burnout, worse state of health, and the intention to leave the job and the profession, but did not predict sickness absence. Conclusions To prevent home-care nurses from experiencing severe consequences of moral distress, adequate interventions should be developed. Home-care services ought to consider family friendly shifts, provide social support, such as opportunities for exchange within the team, and facilitate coping with emotional demands. Sufficient time for patient care must be scheduled and short-term takeover of unknown tours should be prevented. There is a need to develop and evaluate additional interventions aimed at reducing moral distress, specifically in the home-care nursing sector. (shrink)

Some children living with life-shortening medical conditions may wish to attend school without the threat of having resuscitation attempted in the event of cardiopulmonary arrest on the school premises. Despite recent attention to in-school do-not-attempt-resuscitation (DNAR) orders, no assessment of state laws or school policies has yet been made. We therefore sought to survey a national sample of prominent school districts and situate their policies in the context of relevant state laws. Most (80%) school districts sampled did not have policies, (...) regulations, or protocols for dealing with student DNARs. A similar majority (76%) either would not honor student DNARs or were uncertain about whether they could. Frequent contradictions between school policies and state laws also exist. Consequently, children living with life-shortening conditions who have DNARs may not have these orders honored if cardiopulmonary arrest were to occur on school premises. Coordinated efforts are needed to harmonize school district, state, and federal approaches in order to support children and families' right to have important medical decisions honored. (shrink)

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after (...) circulatory determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

Residency selection is a challenging process for medical students, one further complicated in the USA by the recentDobbs v Jackson Women’s Health Organization(Dobbs) decision over-ruling the federal right to abortion. We surveyed medical students to examine howDobbsis influencing the ideological, personal and professional factors they must reconcile when choosing where and how to complete residency.Between 6 August and 22 October 2022, third-year and fourth-year US medical students applying to US residency programmes were surveyed through social media and direct outreach to (...) medical schools. Analysis of quantitative and qualitative data from 494 responses was performed to assess downstream effects ofDobbson residency applicants’ family, health and career choices.Most respondents said changes in abortion access would likely or very likely influence their decision regarding location of considered residency programme (76.9%), where to start a family (72.2%) and contraceptive planning for them or their partner (57.9%). Cis-gender females were more influenced byDobbsregarding where (5 (4, 5) p<0.001) and when (3 (3, 5) p<0.001) to start a family. In qualitative responses, medical trainees highlighted the importance of abortion access for their patients, themselves and their loved ones.Medical trainees are incorporating state abortion access into their residency programme choices. Future physicians care about both the quality of care they will be able to provide and their own health. For personal and professional reasons, reproductive healthcare access is now a key factor in residency match decisions. (shrink)

Noninvasive prenatal testing promises to enhance women's reproductive autonomy by providing genetic information about the fetus, especially in the detection of genetic impairments like Down syndrome. In practice, however, NIPT provides opportunities for intensified manipulation and control over women's reproductive decisions. Applying Miranda Fricker's concept of epistemic injustice to prenatal screening, this article analyzes how medical professionals impair reproductive decision-making by perpetuating testimonial injustice. They do so by discrediting positive parental testimony about what it is like to raise a child (...) with DS. We argue that this testimonial injustice constitutes a twofold harm: people with DS and their family members who claim that parenting a child with DS may be a rewarding and joyous experience are harmed when they are systematically silenced, disbelieved, and/or denied epistemic credibility by medical professionals, and pregnant women are harmed since they might make poorly informed choices without access to all relevant information. The broader implication of the analysis is that epistemic justice is a precondition of reproductive autonomy. We conclude by calling for federal oversight of the acquisition and dissemination of information that prospective parents receive following a positive diagnosis of DS to ensure that it is comprehensive and up to date. (shrink)

In Knowing the Score, philosopher David Papineau explores what philosophy can teach us about sports, and what sports can teach us about philosophy. Beginning with various sporting questions and challenges, Papineau digs into modern philosophy's most perplexing questions. For instance, he discusses drafting techniques in cycling to shed new light on questions of altruism, and examines cricket family "dynasties" to help broaden the debate over nature v. nurture. When Papineau began writing this book, he thought he could illuminate sports (...) by viewing it through a philosophical lens. But the more he wrote, the more he realized that it was the other way around - the study of sports clarifies, challenges, and sometimes confuses crucial issues in philosophy. Why do sports competitors choke? How can Roger Federer select which shot to play in 400 milliseconds? Why do fans think God will favor their team over their rivals? Why does motor racing, but not football, run in families? How can it be moral to deceive the umpire by framing a pitch? From all of these questions, and many more, philosophy has a great deal to learn. An entertaining and and erudite book that ranges far and wide through the sporting world, Knowing the Score is perfect reading for armchair philosophers and Monday morning quarterbacks alike. (shrink)

Kant is often regarded as one of the founding fathers of modern liberal democracy. His political theory reaches its climax in the ground-breaking work, Perpetual Peace (1795), which sets out the basic framework for a world federation of states united by a system of international law. What is less well known is that two years earlier, in his Religion within the Bounds of Bare Reason (1793/1794), Kant had postulated a very different, explicitly religious path to the politics of peace: (...) he presents the idea of an “ethical community” as a necessary requirement for humanity to become “satisfactory to God”. While many recent scholars have noted the importance of Kant’s concept of the ethical community, few recognize the force of his argument that such a community is possible only if it takes the form of a church; as a result, the precise status of his proposal remains unclear and under-appreciated. He argues in Division One, Section IV, of Religion’s Third Piece that the idea of this community can become a reality only through a “church” that is characterized by four rational requirements: unity, integrity, freedom, and the changeability of all church rules except these four unchangeable marks. Prior to Section IV, Division One portrays this ethical community as having a political form, yet an essentially nonpolitical matter. He compares it with Jewish theocracy, but observes that the latter failed to be an ethical commonwealth because it was explicitly political. Whereas traditional theocracy replaces the political state of nature (which conforms to the law, “might makes right”) with an ethical state of nature (which conforms to the law that I call, “should makes good”), or attempts to synthesize them, non-coercive theocracy transcends this distinction through a new perspective: it unites humanity in a common vision of a divine legislator whose only law is inward, binding church members together like families, through the law of love. Whereas the legal rights supported by democracy and a system of international law can go a long way to prepare for world peace, Kant’s conviction is that it will be ultimately impossible without support from healthy religion. (shrink)

In May 2021, when the Delta variant of SARS-CoV2 was wreaking havoc in India, the Australian Federal Government banned its citizens and residents who were there from coming back to Australia for 14 days on penalty of fines or imprisonment. These measures were justified on the grounds of protecting the broader Australian public from potentially importing the Delta strain, which officials feared would then seed a local outbreak. Those Australians stranded in India, and their families and communities back home, claimed (...) that they were abandoned by Prime Minister Scott Morrison’s government. This case—along with other barriers used as part of border control measures in the name of public health—raises the following question: is it ever morally permissible for a state to ban its citizens and residents from entering their own country during a pandemic? I conclude that it’s impermissible. I argue that persons have a right of entry that should be understood as a security right. This security right should be non-derogable because it’s a foundational good that is necessary for life-planning purposes. Moreover, it is a right that people should be able to rely upon absolutely, even during pandemics. At the very least, should someone believe that there are rare exceptions to the right of entry on public health grounds, governments have a duty—grounded in the principle of reciprocity—to support those who are temporarily denied entry. In the case of Australians stranded in India, I will argue that the Australian Federal Government failed on all accounts. (shrink)