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.

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)

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)

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)

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

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)

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)

Human rights debates neglect social rights. This paper defends one fundamentally important, but largely unacknowledged social human right. The right is both a condition for and a constitutive part of a minimally decent human life. Indeed, protection of this right is necessary to secure many less controversial human rights. The right in question is the human right against social deprivation. In this context, ‘social deprivation’ refers not to poverty, but to genuine, interpersonal, social deprivation as a persisting lack of minimally (...) adequate opportunities for decent human contact and social inclusion. Such deprivation is endured not only in arenas of institutional segregation by prisoners and patients held in long-term solitary confinement and quarantine, but also by persons who suffer less organised forms of persistent social deprivation. The human right against social deprivation can be fleshed out both as a civil and political right and as a socio-economic right. The defence for it faces objections familiar to human rights theory such as undue burdensomeness, unclaimability, and infeasibility, as well as some less familiar objections such as illiberality, intolerability, and ideals of the family. All of these objections can be answered. (shrink)

Imperative sentences like Dance! do not seem to represent the world. Recent modal analyses challenge this idea, but its intuitive and historical appeal remain strong. This paper presents three new challenges for a non-representational analysis, showing that the obstacles facing it are even steeper than previously appreciated. I will argue that the only way for the non-representationalist to meet these three challenges is to adopt a dynamic semantics. Such a dynamic semantics is proposed here: imperatives introduce preferences between alternatives. This (...) characterization of meaning focuses on what function a sentence serves in discourse, rather than what that sentence refers to (e.g., a state of the world). By representing the meaning of imperatives, connectives and declaratives in a common dynamic format, the challenges posed for non-representationalism are met. (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)

A uniform theory of conditionals is one which compositionally captures the behavior of both indicative and subjunctive conditionals without positing ambiguities. This paper raises new problems for the closest thing to a uniform analysis in the literature (Stalnaker, Philosophia, 5, 269–286 (1975)) and develops a new theory which solves them. I also show that this new analysis provides an improved treatment of three phenomena (the import-export equivalence, reverse Sobel-sequences and disjunctive antecedents). While these results concern central issues in the study (...) of conditionals, broader themes in the philosophy of language and formal semantics are also engaged here. This new analysis exploits a dynamic conception of meaning where the meaning of a symbol is its potential to change an agent’s mental state (or the state of a conversation) rather than being the symbol’s content (e.g. the proposition it expresses). The analysis of conditionals is also built on the idea that the contrast between subjunctive and indicative conditionals parallels a contrast between revising and consistently extending some body of information. (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)

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)

A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in (...) policy is required. When disobedients and authorities target each other, their confrontation allows for a direct comparison of the respective justifiability of their conduct. Their confrontation is explored in this paper with an eye to analysing how civil disobedients and authorities should engage with each other. (shrink)

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 ...

This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not conceptually redundant, (...) but that, even if it were, there would be significant reasons to articulate it. (shrink)

This paper contributes to the debate on whether we can have reason to do what we are unable to do. I take as my starting point two papers recently published in Philosophical Studies , by Bart Streumer and Ulrike Heuer, which defend the two dominant opposing positions on this issue. Briefly, whereas Streumer argues that we cannot have reason to do what we are unable to do, Heuer argues that we can have reason to do what we are unable to (...) do when we can get closer to success but cannot have reason to try to do what we are unable to do when we cannot get closer to success. In this paper, I reject both positions as they are presented, on the grounds that neither can accommodate an important category of reasons, which are the reasons to realise and to try to realise dimensions of value that lie at the boundary of what is realisable, specifically, genuinely valuable ideals. I defend a third view that we can have reason to do and to try to do what we are unable to do even when we cannot, in Heuer’s sense, get closer to success. Moreover, I argue that we can have reason to realise and to try to realise genuinely valuable ideals for their own sake and not simply for the sake of achieving mundane, realisable ends. (shrink)

_Repair of the Soul_ examines transformation from the perspective of Jewish mysticism and psychoanalysis, addressing the question of how one achieves self-understanding that leads not only to insight but also to meaningful change. In this beautifully written and thought-provoking book, Karen Starr draws upon a contemporary relational approach to psychoanalysis to explore the spiritual dimension of psychic change within the context of the psychoanalytic relationship. Influenced by the work of Lewis Aron, Steven Mitchell and other relational theorists, and drawing (...) upon contemporary scholarship in the field of Jewish studies, Starr brings the ideas of the Kabbalah, the ancient Jewish mystical tradition, into dialogue with modern psychoanalytic thought. _Repair of the Soul_ provides a scholarly integration of several kabbalistic and psychoanalytic themes relating to transformation, including faith, surrender, authenticity, and mutuality, as well as a unique exploration of the relationship of the individual to the universal. Starr uses the Kabbalah’s metaphors as a vivid framework with which to illuminate the experience of transformation in psychoanalytic process, and to explore the evolving view of the psychoanalytic relationship as one in which both parties - the analyst as well as the patient - are transformed. (shrink)

The quality of a research study application sends a distinct signal to the institutional review board (IRB) about the skills, capacities, preparation, communication, experience, and resources of its authors. However, efforts to research and define IRB application quality have been insufficient. Inattention to the quality of an IRB application is consequential because the application precedes IRB review, and perceptions of quality between the two may be interrelated and interdependent. Without a clear understanding of quality, IRBs do not know how to (...) define quality and researchers do not know how to achieve quality. This position has not been systematically studied to date, and future research could provide much-needed empirical validation. This paper lays the conceptual groundwork for future investigation into what constitutes quality in an IRB application. It includes a landscape review of multidisciplinary research on quality, as well as a discussion of quality frameworks analogous to research with human participants that exist in the published literature. It also examines the background and significance of federal research regulations, regulatory burdens, researchers’ regulatory literacy, and the roles and responsibilities of IRB professionals within this ecosystem. (shrink)

This pioneering collection of original essays aims to remedy the neglect of social needs and rights in human rights theory and practice by exploring the social dimensions of the human-rights minimum.

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)

When first confronted by the Historia Romana of Velleius Paterculus, it is easy for a reader to assume on the basis of the title and the surviving part of the text that it is a history of Rome, albeit a short one. In the following discussion I intend to demonstrate, first, why that initial assumption should be rejected and, secondly, how the work fits into the tradition of Roman historical writing.

Research explored methods for “shortening the food links” or developing the “local foodshed” by connecting farmers with food service buyers (for restaurants and institutions) in Colorado. Telephone interviews were used to investigate marketing and purchasing practices. Findings include that price is not a significant factor in purchasing decisions; that food buyers prioritize quality as their top purchasing criterion but are not aware that local farmers can provide higher quality, that institutions are interested in buying locally; that small farms can offer (...) comparable or higher quality produce andservice; and that farmers need to show buyers what the quality of produce and service they can provide. (shrink)

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

This paper attempts to provide a conceptual underpinning for codes of ethics in business and the professions. Rule-utilitarianism is a theory of ethics which I believe can successfully do this. Business persons and professionals, hopefully, will be able to develop codes of ethics in a manner consistent with a well-formulated general ethical theory. This will help enable codes of ethics to be a bridge between general ethical theory and specific ethical decisions made in business and the professions.

Ordinary interactions are the primary vehicle through which we show respect, give social pleasure, and grease the wheels of healthy sociality. When we do an interactional wrong to someone, we not only convey disrespect by disregarding their interactional needs, but also cause them social pain and erode healthy social relations. Interactional ethics – the study of the ethics of interacting – concerns both our conduct within our interactions and our broader interactional style. The existing philosophical literature in this area has (...) not yet provided a detailed analysis of the three discrete stages of an ordinary interaction – the initiation stage, the execution stage, and the conclusion stage – or of the specific wrongs beyond disrespect that we can do at each stage. This article develops novel and useful tools to analyse interactional wrongs that both compromise our wellbeing by causing us social pain and threaten healthy sociality. It then distinguishes various patterns of interactional wrongdoing – i.e. interactional vices – that we can manifest as we seek to control with whom we interact and how. (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 work explores the hypothesis that natural language is a tool for changing a language user's state of mind and, more specifically, the hypothesis that a sentence's meaning is constituted by its characteristic role in fulfilling this purpose. This view contrasts with the dominant approach to semantics due to Frege, Tarski and others' work on artificial languages: language is first and foremost a tool for representing the world. Adapted to natural language by Davidson, Lewis, Montague, et. al. this dominant approach (...) has crystalized as truth-conditional semantics: to know the meaning of a sentence is to know the conditions under which that sentence is true. Chapter 1 details the animating ideas of my alternative approach and shows that the representational function of language can be understood in terms of the more general function of changing representational mental states. Chapters 2-4 argue that the additional resources of this more general conception of meaning allow us to explain certain phenomena involving conditionals and grammatical mood that truth-conditional semantics does not. In the analysis of these specific phenomena and the articulation of the general approach on offer, it emerges that this approach combines insights and benefits from both use-theoretic and truth-theoretic work on meaning. (shrink)

During the three centuries from 800 to 500 B.C., the Greek world evolved from a primitive society- -both culturally and economically- -to one whose artistic products dominated all Mediterranean markets, supported by a wide overseas trade. In the following two centuries came the literary, philosophical, and artistic masterpieces of the classic area. Vital to this advance was the development of the polis, a collective institution in which citizens had rights as well as duties under the rule of law, a system (...) hitherto unknown in human history. In this study, the first systematic exploration of the forces that created the political framework of Greek civilization, Chester Starr shows how the Greeks emerged form a Homeric world of individuals to the polis of 500 B.C. The age-old conflict between the self-serving demands of human beings and the less vocally-expressed needs of the community serves as the backbone of Starr's interdisciplinary analysis of the rise of the polis. (shrink)

This paper proposes a semantics for free choice permission that explains both the non-classical behavior of modals and disjunction in sentences used to grant permission, and their classical behavior under negation. It also explains why permissions can expire when new information comes in and why free choice arises even when modals scope under disjunction. On the proposed approach, deontic modals update preference orderings, and connectives operate on these updates rather than propositions. The success of this approach stems from its capacity (...) to capture the difference between expressing the preferences that give rise to permissions and conveying propositions about those preferences. (shrink)