Brownlee rethinks human rights theory to reflect the fact that we are deeply social creatures. Our core social needs, for meaningful social inclusion, are more important than, and essential to, our civil, political, and economic needs. This grounds a right against social deprivation and a right to the resources to sustain other people.

Arendt's innovation is to recognize that this countenancing of others is an aesthetic experience that creates the political world.Curtis plumbs the relevance of ...

Pfeiffer, Kimberley Review of: Conflicts of Conscience in Health Care: An Institutional Compromise, by Holly Fernandez-Lynch, Massachusetts Institute of Technology Press, 2008.

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

This article shows that associative freedom is not what we tend to think it is. Contrary to standard liberal thinking, it is neither a general moral permission to choose the society most acceptable to us nor a content-insensitive claim-right akin to the other personal freedoms with which it is usually lumped such as freedom of expression and freedom of religion. It is at most (i) a highly restricted moral permission to associate subject to constraints of consent, necessity and burdensomeness; (ii) (...) a conditional moral permission not to associate provided our associative contributions are not required; and (iii) a highly constrained, content sensitive moral claim-right that protects only those wrongful associations that honour other legitimate concerns such as consent, need, harm and respect. This article also shows that associative freedom is not as valuable as we tend to think it is. It is secondary to positive associative claim-rights that protect our fundamental social needs and are pre-conditions for any associative control worth the name. (shrink)

This paper presents an analysis of the applicability of a principalist approach for a global, or cross-cultural, bioethics. We focus especially on the principle of individual autonomy, a core value in ethical discourse. We echo some long-standing criticisms of other anthropologists, sociologists, and many medical ethicists that the individualistic approach to autonomy is a Euro-American value and cannot be ethically applied in all settings. As a remedy, we suggest an adaptation of Kleinman's Explanatory Model approach to questions of decisionmaking. We (...) argue that the analysis and resolution of ethical dilemmas might also benefit from forms of pedagogy that integrate anthropological and other social science perspectives, and the incorporation of ethnographic techniques in ethical practice. (shrink)

There is a tension between our need for associative control and our need for social connections. This tension creates ethical dilemmas that we can call each-we dilemmas of sociability. To resolve these dilemmas, we must prioritize either negative moral rights to dissociate or positive moral rights to social inclusion. This article shows that we must prioritize positive social rights. This has implications both for personal morality and for political theory. As persons, we must attend to each other's basic social needs. (...) As a society, we must adopt a sufficientarian approach to the regulation of social resources. (shrink)

Pezdek and Lam [Pezdek, K. & Lam, S. . What research paradigms have cognitive psychologists used to study “False memory,” and what are the implications of these choices? Consciousness and Cognition] claim that the majority of research into false memories has been misguided. Specifically, they charge that false memory scientists have been misusing the term “false memory,” relying on the wrong methodologies to study false memories, and misapplying false memory research to real world situations. We review each of these claims (...) and highlight the problems with them. We conclude that several types of false memory research have advanced our knowledge of autobiographical and recovered memories, and that future research will continue to make significant contributions to how we understand memory and memory errors. (shrink)

Introduction ADAM CURETON AND KIMBERLEY BROWNLEE Disability and disadvantage are interrelated topics that raise important and sometimes overlooked issues in ...

In recent years, political philosophers have hotly debated whether ordinary citizens have a general pro tanto moral obligation to follow the law. Contemporary philosophers have had less to say about the same question when applied to public officials. In this paper, I consider the latter question in the morally complex context of criminal justice. I argue that criminal justice officials have no general pro tanto moral obligation to adhere to the legal dictates and lawful rules of their offices. My claim (...) diverges not only from the commonsense view about such officials, but also from the positions standardly taken in legal theory and political science debates, which presume there is some general obligation that must arise from legal norms and be reconciled with political realities. I defend my claim by highlighting the conceptual gap between the rigid, generalised, codified rules that define a criminal justice office and the special moral responsibilities of the various moral roles that may underpin that office (such as guard, guardian, healer, educator, mediator, counsellor, advocate, and carer). After addressing four objections to my view, I consider specific contexts in which criminal justice officials are obligated not to adhere to the demands of their offices. Amongst other things, the arguments advanced in this paper raise questions about both the distribution of formal discretion in the criminal justice system and the normative validity of some of the offices that presently exist in criminal justice systems. (shrink)

This collection gives George Yancy’s transformative work in social and political philosophy and the philosophy of race the critical attention it has long deserved. Contributors apply perspectives from disciplines including philosophy, sociology, education, communication, peace and conflict studies, religion, and psychology.

In 2014, Ray Yeo published a modified account of the Spirit’s indwelling in “Towards a Model of the Indwelling: A Conversation with Jonathan Edwards and William Alston.” Yeo utilizes a conglomerate of Two-Minds Christology and Spirit Christology to provide a metaphysical framework for his model which he believes offers a viable alternative to more traditional merger accounts like those of Edwards and Alston. After providing an overview of Yeo’s objections to the merger accounts of Alston and Edwards, I will summarize (...) Yeo’s modified model. I will argue Yeo’s emphasis on the humanity of Christ in lieu of a literal, internal, and direct union of the Holy Spirit and the human person cannot alleviate the core metaphysical concerns which surface in all accounts of union between the divine and human. Yeo’s misunderstanding of Two-Minds Christology leads him to deny the full humanity of Christ; a humanity upon which his entire account of the indwelling relies. Yeo’s modified model will be shown unsuccessful as an account of the indwelling of the Holy Spirit even if one accepts both his conception of Two-Minds Christology and his conditions for indwelling. (shrink)

Values -- Tolerance -- Tolerant people -- Being tolerant of family -- Being tolerant of friends -- Being tolerant of neighbours -- Ways to be tolerant -- Being aware of others -- Respecting different kinds of families -- Accepting other cultures -- Including others -- Learning from others -- Being patient -- Personal set of values.

Résumé Même si les utopies sont potentiellement dangereuses, les visions utopiques nous sont malgré tout indispensables. La perte de l’espoir et de l’utopie signifie la perte de l’humanité. Mais comment empêcher l’utopie de tourner en dystopie? L’utopie pensée en termes de perfection, de pureté et d’exclusivité impose sa version d’une vie meilleure comme la seule et unique. L’utopisme d’opposition par contre ne cherche ni la perfection, ni la suppression des possibilités d’évolution. Son objectif est le progrès et non pas la (...) répression de l’homme. Ce n’est pas l’utopisme qui est défectueux, le problème vient davantage de la conviction qu’une utopie particulière puisse faire advenir la seule façon correcte de vivre. (shrink)

This paper uncovers a distinctively social type of injustice that lies in the kinds of wrongs we can do to each other specifically as social beings. In this paper, social injustice is not principally about unfair distributions of socio-economic goods among citizens. Instead, it is about the ways we can violate each other’s fundamental rights to lead socially integrated lives in close proximity and relationship with other people. This paper homes in on a particular type of social injustice, which we (...) can call social contribution injustice. The paper identifies two distinct forms of social contribution injustice. The first form involves compromising a person’s social resources so as to deny her adequate scope to contribute socially. The second form involves unjustly misvaluing a person as a social contributor, usually by not taking her seriously as a social contributor. (shrink)

This study steps beyond the traditional arguments of feminism and examines homebirth from a libertarian perspective. It addresses the debate over homebirth and midwifery, which includes the use of direct-entry midwives as well as the philosophical implications of individual autonomy expressed through consumer choice. Furthermore, this paper demonstrates that the medical establishment gains economic and political control primarily through medical licensing, and uses the state to undermine personal freedom as it advances a government-enforced monopoly on birth. At the same time, (...) empirical studies have established a substantial record of high safety and low medical complication rates for homebirth as compared to hospital births. Ultimately, the state’s restriction on medical choices is incompatible with the nonaggression principle and voluntarism, and therefore, with libertarianism. (shrink)

Despite worries about paternalism, when we are unjustifiably attacked, we are morally warranted, and sometimes required, to act in self-defense for the sake of our attacker to prevent him from committing this morally defiling act. Similarly, when a third party is unjustifiably attacked and we can assist without undue cost, we are morally warranted, and sometimes required, to act in third-party defense for the sake of the attacker as well as the victim, to prevent the attacker from committing this morally (...) defiling act. The case for these claims can be extended to national defense and humanitarian intervention. (shrink)

Background Institutional review board (IRB) expertise is necessarily limited by maintaining a manageable board size. IRBs are therefore permitted by regulation to rely on outside experts for review. However, little is known about whether, when, why, and how IRBs use outside experts.Methods We conducted a national survey of U.S. IRBs to characterize utilization of outside experts. Our study uses a descriptive, cross-sectional design to understand how IRBs engage with such experts and to identify areas where outside expertise is most frequently (...) requested.Results The survey response rate was 18.4%, with 55.4% of respondents reporting their institution’s IRB uses outside experts. Nearly all respondents who reported using outside experts indicated they do so less than once a month, but occasionally each year (95%). The most common method of identifying an outside expert was securing a previously known subject matter expert (83.3%). Most frequently, respondents sought consultation for scientific expertise not held by current members (69.6%). Almost all respondents whose IRBs had used outside experts reported an overall positive impact on the IRB review process (91.5%).Conclusions Just over half of the IRBs in our sample report use of outside experts; among them, outside experts were described as helpful, but their use was infrequent overall. Many IRBs report not relying on outside experts at all. This raises important questions about what type of engagement with outside experts should be viewed as optimal to promote the highest quality review. For example, few respondents sought assistance from a Community Advisory Board, which could address expertise gaps in community perspectives. Further exploration is needed to understand how to optimize IRB use of outside experts, including how to recognize when expertise is lacking, what barriers IRBs face in using outside experts, and perspectives on how outside expert review impacts IRB decision-making and review quality. (shrink)

Since antiquity, there had been close ties between imagined movement through built spaces and organising knowledge. Philosophers and rhetorical theorists had argued that one remembered most effectively by imagining a sequence of places, including built spaces, and storing images of what should be recalled in those places. Authors of medieval pilgrimage narratives had led their readers on tours of sacred sites beginning in the twelfth century. From the late fifteenth century, however, imagined movement became more insistently physical and increasingly deployed (...) to communicate, rather than simply store, knowledge: built memory spaces were for the first time categorised according to size; volumes began to present pre-designed memory structures devoted to a particular topic; guidebooks to Rome started to lead readers on tours similar to those of pilgrimage narratives; and university botanic gardens offered the lived equivalent of sequences of memory places. By the seventeenth century, tours with sequences of spaces that stored information were a familiar technique across discourses from natural philosophy to architecture. This article examines the increasing physicality of imagined movement through these spaces and its connection to communicating knowledge as well as to shaping the attitudes of readers. I focus on mnemonic treatises and volumes presenting pre-designed spaces, the books where imagined movement was especially apparent, alongside guidebooks and botanic gardens. Consequently, built memory spaces, which have been little studied, are highlighted, and two rich but usually discrete strands of early modern history are brought together: history of memory and studies of movement through the built environment. (shrink)

Pfeiffer, Kimberley We've heard it happening more than once. A couple uses IVF to fall pregnant then later down the track they conceive naturally. Confusing, right? Aren't they supposed to be infertile? Isn't that why people request this invasive and expensive procedure in the first place? Well, a recent study shows that more than 40% of women aged between 28 and 36 years that report having a history of infertility achieved subsequent births without using any form of reproductive assistance1. (...) Which raises the question, what does it mean to be infertile? (shrink)

This article responds to William Scheuerman’s analysis of Edward Snowden as someone whose acts fit within John Rawls’ account of civil disobedience understood as a public, non-violent, conscientious breach of law performed with overall fidelity to law and a willingness to accept punishment. It rejects the narrow Rawlsian notion in favour of a broader notion of civil disobedience understood as a constrained, conscientious and communicative breach of law that demonstrates opposition to law or policy and a desire for lasting change. (...) The article shows that, according to Rawls’ unduly narrow conception, Edward Snowden is not a civil disobedient. But, according to the more plausible, broader conception, he is. It then identifies some advantages of the broader conception in contemporary analyses of new forms of disobedience, including globalized disobedience and digital disobedience. (shrink)

The purpose of this paper is not to define civil disobedience, but to identify a paradigm case of civil disobedience and the features exemplified in it. After noting the benefits of this methodological approach, the paper proceeds with an examination of two key, interconnected features: conscientiousness and communication. First, a link is made between the conscientious aspect of civil disobedience and moral consistency; a civil disobedient demonstrates a conscientious commitment to certain values through her willingness to condemn, and to dissociate (...) herself from, governmental decisions that violate those values. A parallel is then drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. Both practices are associated with an aim to demonstrate protest against certain types of conduct and an aim to bring about a change in that conduct. In paradigm situations, a civil disobedient aims to lead policymakers not only to reform existing law, but also to internalise her objections so as to produce a lasting change in the law. Having such aims places some constraints upon the modes of communication that she reasonably may use to achieve these aims. This paper concludes by considering three controversial modes of communication -- coercion, publicity and violence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Brisbane: Utopian Dreams and Dystopian Nightmares by William (Bill) MetcalfLyman Tower SargentWilliam (Bill) Metcalf. Brisbane: Utopian Dreams and Dystopian Nightmares. Brisbane History Group Studies no. 11. Tingalpa: Boolarong Press, 2022. 297 pp. Australian $30.00 ISBN: 9781922643445.Bill Metcalf, the foremost scholar on Australian intentional communities, has discovered and written about a number of Australian utopias. In Brisbane: Utopian Dreams and Dystopian Nightmares he focuses on a subset of Australian (...) utopias, those written by people who lived in Brisbane plus one Brisbane architect who made designs for a future utopian Brisbane. One of the books, A Workingman’s Paradise: An Australian Labour Novel (1892), is well known, particularly in Australia. A second novel, The Adventures of Halek: An Autobiographical Fragment (1882) by John H. Nicholson, will be familiar to some readers. The others will be unfamiliar to most readers both in Australia and in the rest of the world. I learned of many of them through Metcalf ’s previous work and correspondence with him. Given this situation and the fact that a few of the books are only available in Australia, I have said something about all of them.The book begins with “A Brief Overview of Utopianism” (1–6), an introduction suitable for those unfamiliar with the subject, followed by “Overview of Brisbane in the 1880s and 1890s” (7–12), which gives all readers an initial context. The entire book is strong on context, particularly local context. The following nine chapters are on authors or coauthors of utopian texts and one artist. All the chapters begin with substantial biographical information about the authors, as well as their activities and the Brisbane context within which they lived, followed by a presentation and discussion of their utopias. [End Page 158]The first authors mentioned are William and Annie Lane, which immediately raised a question in my mind. The two works discussed, the racist “White or Yellow? A Story of the Race-war of A.D. 1908” by Sketcher (serialized in The Boomerang in 1888), and the socialist A Workingman’s Paradise by John Maurice Miller, have always been identified as written by William Lane—with no mention of Annie. Metcalf suggests, but with minimal discussion, that while “White or Yellow” was by William, Annie was the unacknowledged coauthor, perhaps even author, of A Workingman’s Paradise. So, I asked Metcalf about the attribution and in a substantial email of October 5, 2022, he laid out the argument, which is based in part on the work of a former student, John Kellett, published as “One-Woman-One Vote: Annie Lane, ‘Lucinda Sharpe,’ and the Female Franchise in Late-Nineteenth Century Queensland” (Hecate 30, no. 2 [2004]: 37–52).Lucinda Sharpe was the nom de plume of a weekly contributor to the newspapers published by William Lane. It has been believed that he wrote all the articles. Kellett, however, makes a strong case that Annie, who was a working journalist in Canada when she met William (also a working journalist), was Lucinda Sharpe. In particular, Kellett notes the extreme differences between William’s usual style and that of Lucinda Sharpe and compares it to material known to be written by Annie. Kellett concludes, based on the similarities between Lucinda and Annie and other evidence, that Lucinda was Annie. But Kellett is only concerned with the Lucinda Sharpe works and the way they presented the case for the franchise; he does not mention either of the works that Metcalf discusses.In his email to me, Metcalf expands on Kellett, saying thatWhile researching for this book I re-read The Workingman’s Paradise and again I was struck by how the sentence structure and language differs from William Lane’s usual work. Then I compared it to “Lucinda Sharpe,” and it was similar. I discussed this observation with John Kellett, now retired and living in Armadale, and he agreed. That led me to conclude that Annie Lane probably wrote The Working Man’s Paradise. Perhaps/probably with William’s input. The real giveaway is when William tries to write in a female voice, as in White or Yellow with the Cissie character, it is very stilted, “twee” and demeaning. When... (shrink)

Few defences of retribution in criminal justice make a plausible case for the view that punishment plays a necessary role in restoring relations between offenders, victims and the community. Even fewer defences of retribution make a plausible appeal to the interpersonal practice of apologizing as a symbolically adequate model for criminal justice. This review article considers Christopher Bennett’s engaging defence of an apology ritual in criminal justice, an account of justifiable punishment that draws from the best of retributive and restorative (...) justice theory. (shrink)

Name der Zeitschrift: Klio Jahrgang: 99 Heft: 2 Seiten: 566-585.

Human–wildlife interactions have existed for thousands of years, however as human populations increase and human impact on natural ecosystems becomes more intensive, both parties are increasingly being forced to compete for resources vital to both. Humans can value wildlife in many contexts promoting coexistence, while in other situations, such as crop-raiding, wildlife conflicts with the interests of people. As our closest phylogenetic relatives, chimpanzees in particular occupy a special importance in terms of their complex social and cultural relationship with humans. (...) A case study is presented that focuses on the Bossou chimpanzees’ perspective of their habitat in the Republic of Guinea, West Africa, by highlighting the risks and opportunities presented by a human-dominated landscape, and detailing their day-to-day coexistence with humans. Understanding how rural people perceive chimpanzees and how chimpanzees adapt to living in anthropogenic environments will enhance our understanding of how people-wildlife interactions develop into situations of conflict and therefore can generate sustainable solutions to prevent or mitigate situations of conflict. (shrink)

Visualizations used in the practice of neuroscience, as one example of a scientific practice, can be sorted according to whether they represent (A) actual things, (B) theoretical models, or (C) some integration of these two. In this paper I hypothesize that an assessment of a chain of visual representations from (A) through (C) to (B) (and back again) is used, as part of the practice of scientific judgment, to assess the adequacy of the "working fit" between the theoretical model and (...) the actual thing or process that the model is intended to explain. (shrink)