The purpose of this article is threefold: (a) to describe the relevant ethical and legal issues associated with decisional capacity among minors and to discuss the importance of these concepts for children and adolescents living with HIV, (b) to provide a framework for assessing the decisional capacity of children and adolescents with HIV, and (c) to present a model for thinking about how to use this assessment data to guide action along the protection-autonomy continuum.

Although formal barriers to women’s social and political participation have crumbled, society remains, to a significant degree, gendered in the roles that women and men play. Women’s and men’s choices regarding work and family are largely responsible for maintaining and reinforcing the differences. While feminists recognize the need to criticize women’s choices, too often they focus on restrictive conditions rather than the choices themselves. Kimberly A. Yuracko argues instead that encouraging women to make choices in accordance with a grounded (...) and well-defined conception of perfectionism—a philosopy concerned with human flourishing—is the most effective way to redress persistent gender inequality. To this end, Yuracko seeks not only to expose the perfectionism underlying current choice critiques, but to articulate a concrete set of feminist perfectionist principles that would improve the quality of individual women’s lives and improve the social standing of women as a whole. (shrink)

The U.S. Supreme Court declared procreation to be a fundamental right in the early twentieth century in a case involving Oklahoma's Habitual Criminal Sterilization Act, an act that permitted unconsented sterilization of individuals convicted of certain crimes. The right that the Court articulated in that case is a negative right: it requires that the government not place unjustified roadblocks in the way of people seeking to procreate, but it does not require the government to take positive steps to help people (...) procreate if they wish to. I argue that a positive legal right is morally necessary in the United States, given the profound significance of procreation, the current barriers to access to care, and the related issues of individual and societal justice. I assume at the outset that the right to procreate should be expansive enough to include a right to noncoital reproduction. The absence of a positive right to procreate reflects not just constitutional tradition but also a governmental and societal commitment to a longstanding set of reproductive hierarchies by which those who fall outside of the traditional framing of family too frequently find their procreative dreams hindered. Reconceiving procreative rights to include a positive right would create greater opportunities to argue and lobby for increased access to technologies that are out of reach for many. (shrink)

Descola’s work has profoundly renewed ecological thought by suggesting that the global planetary crisis is linked to the ‘naturalist ontology’, by which modern Westerners distance themselves from non-humans. This article proposes to re-read Descola with Marx in order to critically assess question the genesis of this ontology. Rather than looking to the history of ideas in search of what prepared this naturalism, a close reading of Marx allows to hypothesise a practical origin of naturalism, in the worldly occupations that make (...) up ‘abstract labour’. By shedding light on the practical ontogeny of naturalism, we emphasize that the Marxian analysis of capitalism remains highly needed for thinking about and living through the ecological crisis. (shrink)

Discussion about the similarities and differences between abortion and multi-fetal pregnancy reduction, including the tug-of-war over naming, highlights ongoing contestation about the relationship between the law, ethics, and women's bodies. Ultimately, the law must root itself in the realities of pregnancy including the physical and social consequences that any pregnancy creates for the woman who carries it.

We are pleased that all the commentators seem to agree that a theory-driven integration across disciplines is a worthwhile endeavor to better understand the social constitution of emotion. In our reply, we first take up the idea of relating affect control theory to cultural priming and suggest links to an ACT-inspired constraint satisfaction explanation of priming. Second, we address reservations concerning ACT’s capability to account for emotions with nonconceptual content and to explain stability and change in affective meanings. Third, we (...) clarify the relation of affect control theory to psychological constructionism, in particular with regard to conceptualizations of culture and society. Finally, we suggest that computational models are an adequate tool to address multilevel issues in the study of emotion. (shrink)

In recent years, scholars have come to understand emotions as dynamic and socially constructed—the product of interdependent cultural, relational, situational, and biological influences. While researchers have called for a multilevel theory of emotion construction, any progress toward such a theory must overcome the fragmentation of relevant research across various disciplines and theoretical frameworks. We present affect control theory as a launching point for cross-disciplinary collaboration because of its empirically grounded conceptualization of social mechanisms operating at the interaction, relationship, and cultural (...) levels, and its specification of processes linking social and individual aspects of emotion. After introducing the theory, we illustrate its correspondence with major theories of emotion construction framed at each of four analytical levels: cultural, interactional, individual, and neural. (shrink)

This book provides an invaluable overview of the competing schools of thought in traditional and contemporary normative international theory and seeks to provide a new basis for doing international political theory and thinking about ethics in world politics today. · Part one explains the role and place of normative theory in the study of international politics before critically examining mainstream approaches in international relations and applied ethics. Here the student is introduced to the central debates between realists and idealists, and (...) cosmopolitans and communitarians. · Part two introduces the conceptual challenges of contemporary perspectives from critical theory, postmodernism and feminism and provides a platform for the author to develop her own Hegelian-Foucauldian approach for doing normative international theory. · In Part three the insights drawn from the first two parts are applied to the study of two key topics in contemporary theoretical debate: the principle of self-determination, and the democratic ideals of political cosmopolitanism. Finally conclusions are made for the future practice of theorizing international politics. Accessibly written and wide-ranging, this text will quickly become essential reading for all students and academics of politics and international relations seeking a deeper understanding of the underlying tensions and future potential of international or global political theory today. (shrink)

When the state aims to prevent responsible and dangerous actors from harming its citizens, it must choose between criminal law and other preventive techniques. The state, however, appears to be caught in a Catch-22: using the criminal law raises concerns about whether early inchoate conduct is properly the target of punishment, whereas using the civil law raises concerns that the state is circumventing the procedural protections available to criminal defendants. Andrew Ashworth has levied the most serious charge against civil preventive (...) regimes, arguing that they evade the presumption of innocence. After sketching out a substantive justification for a civil, preventive regime, I ask what Ashworth’s challenge consists in. It seems that there is broad disagreement over the meaning and requirements of the presumption of innocence. I thus survey the myriad possibilities and extract two claims that have potential bearing on preventive regimes. One claim is that of substantive priority—the criminal law comes first when assessing blame. This is the claim at the root of objections to pretrial detention based on consideration of the crime charged. The second strand of argument is one of procedural symmetry. This is the concern that with respect to citizen/state relations, certain procedures are required, including, for example, proof beyond a reasonable doubt as to the offense or defense. Having extracted these claims, I then assess their applicability with respect to the preventive regime defended. I first conclude that the criminal law must share blame and censure with other fora, and thus, the criminal law only has substantive priority when criminal proceedings have been instituted. I then survey whether procedural symmetry is required, specifically assessing whether the preventive regime I defend requires proof beyond a reasonable doubt. My tentative conclusion is that proof beyond a reasonable doubt is warranted. (shrink)

Saunders & van Brakel set out to review color science research and to topple the belief that color-vision neurophysiology sets strong deterministic constraints on the cognitive processing of color. Although their skeptism and mission are worthwhile, they fail to give proper treatment to (1) findings that dramatically support some positions they aim to tear down, (2) existing research that anticipates criticisms presented in their target article, and (3) the progress made in the area toward understanding the phenomenon. At the very (...) minimum these oversights weaken the credibility of their arguments and leave the reader to wonder why their discussion ignores what is clearly omitted. (shrink)

Global clinical trials depend on a range of standards in order for research results to be comparable. As standardization is more than a mere technical exercise, tensions can arise when things are not uniform. This paper uses empirical data from interviews with principal investigators as well as Clinical Research Organization and pharmaceutical industry representatives working in India’s clinical trial industry to critically examine the ways Indian researchers navigate quests for standardization. It turns the analytical lens to the often obfuscated work (...) of standardization aiming to transcend the biological and cultural specificity of research participants and research sites. Drawing on the concept of local biologies, it illustrates that the universal body presumed by clinical trial methodology is, in fact, a specifically Euro-American one: Indian participants not only need to be made globally comparable but also aligned with the drugs’ future consumers. Focusing on the tensions between biomedicine’s postulation of bodily universality and trial participants’ local biologies, this paper advances recent interventions problematizing the structural violence undergirding global clinical trials. It also contributes to the literature on local biologies in its discussion of how these are negotiated in Indian for-profit clinical trials. (shrink)

Starting with the first time they turned on a television or saw a billboard, this generation of teens, more than any generation before, has been inundated with the message, "If I can have that or look more like that, then I will be happy." Get Happy is a breath of fresh air for teenagers to help them become happy with who they are and what they have today rather than waiting for the next big thing. Teen advocate and author (...) class='Hi'>Kimberly Kirberger, along with her son, Jesse, enlightens readers with the idea that happiness is a choice, and it is available to us whenever we decide we want it. Kirberger uncovers the lies the media, our educational system, and even our well-intentioned friends and family tell us about happiness. Happiness can only be found in the here and now, not in what the future may bring. Get Happy Guide is all about letting go of our past and stepping into our present. It's about not being a victim and about learning how to gain control over our emotions. Poems, cartoons, and insightful stories are peppered throughout with examples of how other teenagers have found their own sense of happiness. (shrink)

In Racial Prescriptions, Jonathan Xavier Inda offers a critical and timely analysis of the making of BiDil, the first (and only) drug that was marketed exclusively to African Americans. Sibille Merz speaks to him about the re-articulation of racial politics under neoliberalism, the legacies of scientific racism and the molecularization of biopolitics in the genomic age.

Discussions of non-racialism in South Africa and discussions of post-racialism in the United States are sufficiently similar to invite the question as to whether South African thinkers could help to develop new ways of thinking about post-racialism and its potential in the United States. Biko's ideas are rarely taken up in the United States, yet they are relevant to contemporary discussions in critical philosophy of race. This article begins with an evaluation of the typology of non-racialism provided by Rupert Taylor (...) and the historical study of non-racialism provided by Julie Frederikse, distinguishing different understandings of non-racialism. The second section presents Biko's understanding of non-racialism, arguing that Biko's understanding of which is embedded in his account of Black Consciousness, and not a variant of racial eliminativism. The final section focuses on the striking similarities between understandings of non-racialism and post-racialism using a distinction it introduces between principled and progressive forms of both these terms. Ultimately, this article makes the case for a progressive understanding of post-racialism, which has yet to be articulated and is too easily dismissed in the United States. (shrink)

Governing Animals explores the role of the liberal state in protecting animal welfare. Examining liberal concepts such as the social contract, property rights, and representation, Kimberly K. Smith argues that liberalism properly understood can recognize the moral status and social meaning of animals and provides guidance in fashioning animal policy.

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)

Increased emphasis has been placed on teaching ethics in business schools. A recent meta-analysis of business ethics instruction indicated that instructional programs have a minimal impact on improving ethical behaviors (Waples et al. 2008). One of the newest trends in MBA education is gamification which allows instructors to employ video game concepts to engage students in serious business problems. Educators are attempting to harness a similar sort of power exhibited by games like FarmVille or Call of Duty and translate this (...) power into improved educational outcomes. This trend leads to the question; can gamification improve ethical learning outcomes? Using a single cohort of MBA students, ethics instruction in the MBA program was gamified and then operationalized in the students’ first required class and last required class. Although the sample was limited to a single cohort of students, results were promising, indicating improvement in ethical decision making and warranting further study. (shrink)

The relationship between technology, philosophy, and politics is both contentious and vital to our understanding of human nature and the ways human beings interact with one another in society; Francis Bacon outlined the wild potential and great danger of this relationship. Francis Bacon's New Atlantis in the Foundation of Modern Political Thought explores Bacon’s role as a founder of modern political science and the place of his New Atlantis in the founding of modern political thought.

This book analyses the problems of current just war theory, and offers a more stable justificatory framework for non-intervention in international relations. The primary purpose of just war theory is to provide a language and a framework by which decision makers and citizens can organize and articulate arguments about the justice of particular wars. Given that the majority of conflicts that threaten human security are now intra-state conflicts, just war theory is often called on to make judgments about wars of (...) intervention. This book aims to critically examine the tenets of just war theory in light of these changes, and formulate a new theory of intervention and just cause. For Michael Walzer, the leading scholar of just war theory, armed humanitarian intervention is permissible only in cases of genocide, ethnic cleansing, widespread massacres, or enslavement. This book shows why this threshold is too restrictive in light of the progressive shift away from interstate conflict as well as the emerging norms of 'sovereignty as responsibility' and the 'responsibility to protect'. _Justice, Intervention and Force in International Relations_ aims to establish a new, stable foundation for non-intervention and a revised threshold for 'just cause'. In addition, this book demonstrates that over-reliance on the just cause category distorts understanding, analysis, and public discussion of the justice or injustice of resorting to war. This new book will be of much interest to students of ethics, security studies, international relations and international law. Kimberley Hudson is Assistant Professor of Political Science at American International College, and has a Phd in International Relations from Brown University. (shrink)

A commentary on “The Ethics of Anonymous Gamete Donation: Is There a Right to Know One's Genetic Origins?,” by Inmaculada de Melo‐Martin, and “Autonomous Choice and the Right to Know One's Genetic Origins,” by Vardit Ravitsky, bothin the January‐February 2014 issue.

Martin Heidegger’s influence on the thought of Hannah Arendt has been frequently noted, but the precise nature of Arendt’s critique of her mentor is less understood. Kim Maslin argues that Arendt’s work attempted to transform fundamental ontology for responsible use in the public realm.

Boiger and Mesquita (2012) present a social constructionist perspective on emotion that argues for its multilevel contextualization through social interactions, relationships, and culture. The present comments offer a response to the authors’ call for input from other disciplines. We provide a sociological perspective on emotion construction at each of the contextual levels discussed by Boiger and Mesquita, and discuss a model that can address interdependencies between these levels. Our remarks are intended to identify additional literature that can be brought to (...) bear on multilevel emotion construction and to put forward some ideas for future research on the subject. (shrink)

Philosophy has long been concerned with ‘moral status’. Discussions about the moral status of children, however, seem often to promote confusion rather than clarity. Using the creation of ‘savior siblings’ as an example, this paper provides a philosophical critique of the moral status of children and the moral relevance of parenting and the role that formative experience, regret and relational autonomy play in parental decisions. We suggest that parents make moral decisions that are guided by the moral significance they attach (...) to children, to sick children and most importantly, to a specific sick child (theirs). This moral valorization is rarely made explicit and has generally been ignored by both philosophers and clinicians in previous critiques. Recognizing this, however, may transform not only the focus of bioethical discourse but also the policies and practices surrounding the care of children requiring bone marrow or cord blood transplantation by better understanding the values at stake behind parental decision making. (shrink)

This chapter examines the moral justifiability of “stand your ground” laws. First, it sets forth the parameters of self-defense as understood in the philosophical literature. Next, it focuses on the necessity limitation and questions whether this limitation can be defensibly weakened to accommodate SYG laws. Finding no comfort for SYG statutes in a weakened necessity limitation, the chapter turns to the proportionality constraint and examines approaches that increase the interests that may permissibly be defended as well as approaches that abandon (...) proportionality altogether. Finally, this chapter maintains that the most perspicuous lens through which to view SYG laws is that of law enforcement because what SYG laws actually do is place citizens in the role of police. The justifiability of such enforcement authority turns, then, on two further questions. It must be appropriate for citizens to serve this function. But second, it must be appropriate for the state to stand its ground. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Invisible HarmKimberly ZieselmanI’m a 48–year–old intersex woman born with Androgen Insensitivity Syndrome (AIS) writing to share my personal experience as a patient affected by a Difference of Sex Development (DSD). Although I appear to be a DSD patient “success story”, in fact, I have suffered and am unsatisfied with the way I was treated as a young patient in the 1980’s, and the continued lack of appropriate care for (...) intersex people even today.As the Executive Director of the advocacy organization Advocates for Informed Choice and a board member of the AIS–DSD Support Group since 2012, I have heard doctors reference the “silent happy majority” of DSD patients all too often. They speak [End Page 122] of patients who were treated in childhood and went on to live (seemingly) contented lives. It appears however that doctors have drawn this conclusion from the fact that most of their patients have not returned to complain about their treatment. While there is little evidence to support the success doctors claim, there is quite a bit of evidence that suggests my suffering is the norm rather than the exception.Medical professionals would likely include me in that “silent majority,” only seeing a woman who identifies and appears typically female, graduated law school, married for over twenty years, with adopted children and a successful career. And while I have been fortunate in many ways, I no longer want my voice to be presumed buried within that silent majority. Instead, I am speaking out today to tell my story.My StoryAt age 15 I was diagnosed with amenorrhea and referred to a reproductive oncologist who told my parents I had a partially developed uterus and ovaries that would likely soon become cancerous. We were told my vagina was abnormally short and might require surgery in order to have heterosexual intercourse.Neither my parents nor I was ever told I had AIS and XY chromosomes, or that the gonads being removed were testes, not ovaries. I was told I needed a “full hysterectomy” to prevent cancer and hormone replacement therapy. That summer I spent my 16th birthday recuperating from surgery. I spent the next 25 years living a lie.A lie that has had a profound and harmful impact on me.At some level, I knew I was not being told the whole truth. My parents’ and the doctors’ actions signaled to me something more might be going on. But I was afraid to ask questions; my parents were distressed and I didn’t want to cause them any more pain. Over the years I have wondered just how much my parents knew but withheld from me (albeit with good intentions). I sensed something awful was being hidden from me, and I didn’t know whom I could trust.When I asked my doctor if I could meet someone else with my condition, I was told I was different, that there was “nobody” with my medical condition in the world, that my situation was “very rare.” I was told to get on with my life and not talk about my surgery because it wasn’t important; I was healthy and could adopt if I wanted to become a parent. I was told I must take a hormone pill each day for the rest of my life to stay healthy.But what I heard was, “you are not a real woman: you are a damaged freak, so go out and fake the rest of your life and be sure nobody knows your secret.” So that’s what I did. I was a “good girl” and took my pills, didn’t ask questions and did what the men in white coats asked me to do. There was no support provided for either my parents or me. No social workers, no therapists. Perhaps most shockingly, there was no true informed consent.A few years ago I was diagnosed with post-traumatic stress syndrome caused by anxiety I had been harboring for over two decades about my past surgery and fear of getting cancer. I decided to obtain my medical records from the hospital and discover the truth.Covering several pages of... (shrink)

This article focuses on Sartre’s concept of the practicoinert in his major work A Critique of Dialectical Reason, Vol. 1. I first show the progression from Sartre’s previous conception of in-itself to his concept of practico-inert. I identify five different layers of the practico-inert: human-made objects, language, ideas, social objects and class being. I show how these practico-inert layers form the possibilities for our subjectivity and how this represents a change from Sartre’s view of in-itself in Being and Nothingness. I (...) then explore the relationship of freedom to the practico-inert and how Sartre argues that the practico-inert places limits on our freedom. Lastly, I argue that despite the pessimistic picture Sartre paints in CDR, the practico-inert has the potential to both limit and enhance our freedom. I appeal to Sartre’s post-CDR essay ‘A Plea for Intellectuals’ to argue that a Sartrean account of progress requires the utilisation of the practico-inert. (shrink)

: In a short and much-neglected passage in the second Critique, Kant discusses the threat posed to human freedom by theological determinism. In this paper we present an interpretation of Kant’s conception of and response to this threat. Regarding his conception, we argue that he addresses two versions of the threat: either God causes appearances directly or he does so indirectly by causing things in themselves which in turn cause appearances. Kant’s response to the first version is that God cannot (...) cause appearances directly because they depend essentially on the passive sensibility of finite beings. Kant’s response to the second version is that human beings are endowed with transcendental freedom, which blocks the causal transitivity that is presupposed by this version. We also contrast his position on this topic with Leibniz’s and Spinoza’s. (shrink)

Though many have recently attempted either to locate Arendt within feminism or feminism within the great body of Arendt's work, these efforts have proven only modestly successful. Even a cursory examination of Arendt's work should suggest that these efforts would prove frustrating. None of her voluminous writings deal specifically with gender, though some of her work certainly deals with notable women. Her interest is not in gender as such, but in woman as assimilated Jew or woman as social and political (...) revolutionary. In this paper, I argue that Arendt recognized that what frequently passes for a gender question is not essentially a matter of gender at all, but rather an idiosyncratic form of loneliness that typically affects, though is by no means limited to, women. In her work one finds the conceptual tools necessary to understand the “woman problem” rather than an explicit argument or a solution to it. (shrink)

This article is an adaptation of the sixteenth Lewis A. Coser lecture, given virtually in 2021 for the American Sociological Association Meetings. In this article, I pay tribute to Lewis and Rose Laub Coser by engaging with their past work, which inspired a theoretical provocation about what it means to theorize from the margins. I specifically address the questions of who gets to be a theorist and what kinds of theoretical work get marginalized. I outline the process of epistemic oppression (...) involved in trying to publish marginal ideas in mainstream journals. I argue that the relationship between mainstream sociology and what I refer to as “marginal” requires a relational perspective that situates both marginalized scholars and their scholarship in the broader discipline of sociology and examines the epistemic oppression of their theories regardless of their sometimes-powerful institutional positioning in highly ranked departments or as leaders within various professional associations. (shrink)