In this paper I will examine two responses to the argument from marginal cases; the argument from kinds and the similarity argument. I will argue that these arguments are insufficient to show that all humans have moral status but no animals do. This does not prove that animals have moral status but it does shift the burden of proof onto those who want to maintain that all humans are morally considerable, but no animals are.

It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.

In this article I explore the possibilities of experimentation as a non-foundational praxis for introducing novel ways of being into existence. Beginning with a discussion, following Bataille, of the excess of any thought, I argue that any action in the world is necessarily uncertain. Using the insights of Derridean deconstruction combined with Badiousian truth procedure I argue that experimentation offers a means for acting from this uncertain position. Experimentation takes advantage of the play and uncertainty of our understanding of the (...) world as a means of moving towards more progressive political positions. Normal 0 false false false EN-IE X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi; mso-fareast-language:EN-US;}. (shrink)

The paper focuses on the complex relations between aesthetics and phenomenology as they show themselves within the core locus of their interplay—the realm of the visible and the invisible. To do so, the paper examines a specific case study, a Rembrandt painting—A Woman Bathing in a Stream (1654)—through which the discussion illuminates the interconnected and inseparable relationship between aesthetics and phenomenology in relation to Merleau-Ponty’s ontology of the visible and the invisible. The reading addresses both dimensions of the visible: the (...) essential intersubjective aspect of life and its complex visual representation in art. To achieve this, the paper first explores Merleau-Ponty’s late aesthetic ontology—a phenomenology that perceives the aesthetic realm, particularly the visible domain, as originating from human corporeal existence, thereby redefining the act of seeing and the concepts of the visible and the invisible; I show the manner in which invisible elements permeate our visual experience in the Rembrandt painting and in seeing as such. The paper also reveals the unique ontological role of painting and the painter in unveiling the aesthetic world, and in guiding the philosopher toward a vision that true philosophy—phenomenology—must embrace. The paper concludes by rethinking the significance of aesthetics, and especially, the arts, to phenomenological thought, and the necessity of phenomenology to aesthetic thought. (shrink)

Marginal humans are not rational yet we still think they are morally considerable. This is inconsistent with denying animals moral status on the basis of their irrationality. Therefore, either marginal humans and animals are both morally considerable or neither are. In this paper I consider a major objection to this argument: that species is a relevant difference between humans animals.

The proliferation of diasporas has influenced the nature of internationalization in many higher education (HE) systems and institutions, especially in terms of academic and student mobility/migration. Through a systematic review of the academic literature, I critically analyze the widespread uses of and approaches to ‘diaspora’ in HE research and its relationship to internationalization. I identify two major areas of studies and corresponding approaches to diaspora: one which frames diaspora as human capital and focusses on the role of the state; and (...) the other which frames diaspora as marginalized other and social construct. I argue that ‘diaspora’ in HE studies tends to be ambiguous, under-defined, under-theorized, and fragmented. I further argue that it is loosely connected to internationalization discourses, despite its clear connections. I posit that this is because ‘internationalization’ is associated with humanitarianism, cosmopolitanism, global citizenship and the de-centering of states, nations, ethnicities, religions, and particularistic identities. Diaspora is often associated with these latter categories and thus, is shunned. I conclude by suggesting that the blending of (often conflictual) ideas, intentions, values and identities is precisely what diaspora engages in and that the conditions of our increasingly mobile and (inter)connected world necessitate a (re)thinking of diaspora in HE scholarship. (shrink)

This is a groundbreaking application of contemporary philosophy to human rights law that proposes significant innovations for the progressive development of human rights. Drawing on the works of prominent 'philosophers of the Other' including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler and, most centrally, the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this should inspire a human rights law that is grounded in transcendental justice (...) and framed from the perspective of marginalized groups. This would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency and responsibility. This differs markedly from more conventional theories that prioritize the autonomy of the ego, state sovereignty, democracy and/or equality. (shrink)

This essay focuses on the issue of corruption, marginality and the social disorder attending it, as threats to national and human security in Nigeria. It not only examines the problems of corruption in Nigeria and the implications of this for national security, but also, discusses the role of an ethical idea of citizenship in tackling corruption and reinventing the political community. In Nigeria, corruption has played a key role in aggravating the political and economic crisis besetting the country. Depreciation of (...) human dignity and collapse of infrastructures have ensured the systematic elite misappropriation of state power, the primitive accumulation of capital, ethno-cultural intolerance and political manipulation in the society. This paper searches for a set of norms capable of mitigating needless dehumanization and inequalities, and improving welfare of the majority by evolving public citizens oriented to the common good. (shrink)

In this article, we examine disability and eugenics discourses and the ways they function in spaces where vulnerable persons have been historically excluded by the state and blamed for their own “immiseration.” We ask how queer theories of repudiation, abjection, and vulnerability lend insight into the ways that people with intellectual disabilities are discursively located outside normative discourses of home, care, and quality of life, and whether these discourses shifted to serve this vulnerable population when historically the very places in (...) question repudiated them, infringed on their human rights, and questioned their sexuality. To address these questions, we focus on the recent and impending closures of Virginia’s Training Centers, residential institutions for persons with intellectual disabilities now scheduled for staggered closures before 2020. (shrink)

Introducción: Se presenta un análisis cualitativo del acompañamiento psicosocial a jóvenes en condiciones de vulnerabilidad desde la ecología humana durante 12 meses entre 2010 a 2011; utilizando técnicas pedagógicas evaluativas participativas. Éstas, son una alternativa para crear espacios reflexivos con el propósito de potenciar la resiliencia en las relaciones comunicativas y formar en el respeto. Objetivo: Generar bienestar, prevenir la farmacodependencia y contribuir a la promoción de la salud. Material y Métodos: Se revisaron los antecedentes temáticos, fueron seleccionados 100 estudiantes (...) entre 11 y 19 años de dos instituciones educativas públicas en condiciones vulnerables;se desarrollaron cuatro talleres reflexivos y cuatro prácticas lúdicas y se realizaron tres grupos focales con estudiantes, profesores y padres de familia. Resultados y Discusión: El contexto social de la población intervenida, revela problemas de abuso sexual, violencia intrafamiliar y eventos violentos en el vecindario por grupos armados ilegales, entre otros, que constituyen factores de riesgo importantes para la farmacodependencia. Conclusión: Se infiere que lo psicosocial incide en la farmacodependencia, afectando la convivencia de la población estudiada por múltiples causas del orden psicoafectivo, sociocultural, económico y político que van desde el consumo cultural hasta la seguridad alimentaria. Introduction: A qualitative analysis of the psycho-social support to young people in situations of vulnerability from human ecology is presented for 12 months between 2010 to 2011; using participatory evaluative pedagogical techniques. These are an alternative to create reflective spaces with the purpose of enhancing resilience in communicative relationships and working in respect. Objective: to generate well-being, prevent drug abuse and contribute to the health promotion. Material aids and methods: the thematic background was reviewed, 100 students between 11 and 19 years of two public schools in vulnerable conditionswere selected; four reflective workshops and four playful practices were developed and three focus groups with students, teachers and parentswere conducted. Results and discussion: the social context of the manipulated population reveals sexual abuse problems, domestic violence and violent events in the neighborhood by illegal armed groups, among others, which constitutemajor risk factors for drug abuse. Conclusion: It can be inferred that the psychosocial factors impact on drug dependence, affecting the coexistence of the population studied by multiple causes of the psychological, socio-cultural, economic and political order, ranging from cultural consumption to food security. (shrink)

Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...) are not persons with human rights, on these accounts. It is consequently unclear how we ought to treat these subjects. This is the problem of marginal cases. I argue that we cannot resolve the problem of marginal cases if we accept a unitary, binary view of personhood. Instead, I develop a new non-binary personhood account of human rights, and defend two main claims. First, there are many, scalar properties, the having of which are conducive to personhood. Second, different subjects have different human rights depending on which of these properties they have, and what threats apply to them. On my view, and contra most existing accounts, most marginal cases have some degree of personhood and are entitled to some human rights. (shrink)

This article offers a comparative analysis of experimental fetal surgery and fetal tissue research. The author argues that fetuses are positioned differently across each set of practices, with significant implications for actors in these domains. By empirically charting the ways in which humanity is or is not attributed to fetal work objects, the author's argument challenges contemporary debates in science studies that tend to conceptualize human and nonhuman in dualistic terms. This analysis instead shows the heterogeneous attribution of these categories, (...) as well as the spaces, margins, and positions, which constitute them as distinct. (shrink)

Rationality (or something similar) is usually given as the relevant difference between all humans and animals; the reason humans do but animals do not deserve moral consideration. But according to the Argument from Marginal Cases not all humans are rational, yet if such (marginal) humans are morally considerable despite lacking rationality it would be arbitrary to deny animals with similar capacities a similar level of moral consideration. The slippery slope objection has it that although (...) marginal humans are not strictly speaking morally considerable, we should give them moral consideration because if we do not we will slide down a slippery slope where we end up by not giving normal humans due consideration. I argue that this objection fails to show that marginal humans have the kind of direct moral status proponents of the slippery slope argument have in mind. (shrink)

This note suggests that, viewed from a feminist perspective, the reforms contained in the Human Fertilisation and Embryology Act 2008 represent a missed opportunity to re-think the appropriate model of regulation to govern fertility treatment and embryology research in the UK. It argues that reform of the legislation was driven largely by the government’s desire to avoid re-igniting controversies over the legal status of the embryo and abortion and to maintain Britain’s position at the forefront of embryo research and related (...) biotechnologies. It also highlights the importance of media debates, which were highly selective, to the reform process, and suggests that in order to inject feminist values into the process of legislative reform, feminists need to become more media savvy. In the short term, it suggests that there is little prospect of a radical re-thinking of the appropriate ethico-legal response to the wide variety of family forms that reproductive technologies potentially enable, much less of considering our ethical obligations to the new forms of embryos that are now permitted by the 2008 Act. In the meantime, however, it argues that these issues provide productive opportunities for feminist legal theorists to address questions that have been erased or obscured in the course of the 2008 reforms. (shrink)

Feminist theorist and educator, bell hooks, asserts that to seek true liberation one must choose marginality. One must choose to occupy the space outside the binary between colonizer-colonized, hegemonic center-periphery, and us-them in order to create a location of possibility. This essay will reveal the practice of social justice as the navigation of the space that difference makes and argue that choosing marginality provides a framework for health humanities work towards social justice in health care. The space of the launderette (...) that is depicted in Hanif Kureishi’s 1986 film, My Beautiful Laundrette, provides an example of choosing marginality and illustrates how difference structures both real and imagined spaces, which influences how individuals ultimately perceive one another. We will draw from the work of bell hooks; political geographer, Edward Soja; and Marxist philosopher, Henri Lefebvre, to demonstrate the importance of the health humanities’ position at the margin to traditional health care education. -/- . (shrink)

In The Good Place, the characters’ attempts to find “marginal comforts” worsen their suffering by lulling them into a false sense of security and keeping them from fully resisting or rebelling against their situation. People will justify the worst and most hellish marriages, jobs, and living situations, if they can find small marginal comforts that keep them stable. Being comfortable is not a “why” in life, and it's really just a good way to hurt oneself all the more. (...) But as much as marginal comforts provide for complacency, too much comfort and guaranteed pleasure can undermine what it means to be human. Suffering, to some extent, appears to give and shape meaning in our lives. The lack of suffering and the lack of the absurdity of death keep the residents of The Good Place from being able to do new and interesting things. (shrink)

Historically marginalized foods, which occupy the social periphery, and often function as a bulwark in times of hunger, are increasingly being rediscovered and revalued as niche commodities. From açaí to quinoa, the move from marginal to miracle is often tied to larger narratives surrounding sustainable development, resilience to climate change, and traditional foodways. This article analyses the recent move towards millet production and consumption in the southern Indian state of Karnataka. Focusing upon one of the grain’s chief proponents, I (...) explore how narratives surrounding millets are grounded in conceptions of cultural authenticity and bioregionalism. Drawing upon human geographer’s analyses of the turn towards the ‘local’ in food activism, I contribute to the development of critical bioregionalism, an emerging theoretical framework that explores how questions of value, identity, political economy, and histories of land use intersect to structure our understandings of marginal foods and their resurgence. (shrink)

If we are going to treat other species so very differently from our own — killing, eating and experimenting on pigs and sheep, for example, but never human beings — then it seems we need to come up with some morally relevant difference between us and them that justifies this difference in treatment. Otherwise it appears we are guilty of bigotry (in just the same way that someone who discriminates on the basis of race or sex is guilty of bigotry). (...) But what is this morally relevant difference? Julia Tanner's article examines, and rejects, some of the most popular answers to this question. -/- . (shrink)

Social protection programs have been an important part of development process and planning in India since its Independence. However, after sixty-five years, around one-fourth of its population lives in poverty. Despite a plethora of social protection programs, vulnerable groups among the poor have not been well targeted. However, the recent paradigm shift towards rights-based legislations may have hit the right chord with its self-targeting mechanism. The Right to Work, or the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) provided employment (...) to almost 55 million households and spending nearly 8 billion US dollars in April 2010–March 2011. Participation of women and socially backward groups has been exceptionally high. This paper analyzes the policy provisions, implementation and monitoring mechanism of MGNEGA to argue that policy designs with legal enforceable mechanisms and collaborative governance systems can lead to empowerment of the marginalized sections. (shrink)

In _Marx at the Margins_, Kevin Anderson uncovers a variety of extensive but neglected texts by the well-known political economist which cast what we thought we knew about his work in a startlingly different light. Analyzing a variety of Marx’s writings, including journalistic work written for the _New York Tribune_, Anderson presents us with a Marx quite at odds with our conventional interpretations. Rather than providing us with an account of Marx as an exclusively class-based thinker, Anderson here offers a (...) portrait of Marx for the twenty-first century: a global theorist whose social critique was sensitive to the varieties of human social and historical development, including not just class, but nationalism, race, and ethnicity, as well. _Marx at the Margins _ultimately argues that alongside his overarching critique of capital, Marx created a theory of history that was multi-layered and not easily reduced to a single model of development or revolution. Through highly-informed readings on work ranging from Marx’s unpublished 1879–82 notebooks to his passionate writings about the antislavery cause in the United States, this volume delivers a groundbreaking and canon-changing vision of Karl Marx that is sure to provoke lively debate in Marxist scholarship and beyond. (shrink)

I address an interesting puzzle of how marginalized groups gain self-representation and influence firms’ strategies. Accordingly, I examine the case of access to low-cost HIV/AIDS drugs in South Africa by integrating W. E. B. Du Bois’s work into stakeholder theory. Du Bois’s scholarly work, most notably his founding contribution to Black scholarship, has profound significance in the humanities and social sciences disciplines and vast potential to inspire a new way of thinking and doing research in the management and organization fields, (...) including business ethics research. By drawing on Du Bois’s works, I argue that through reconstruction of their selves—knowing their souls—marginalized groups know their capabilities better, enabling them to overcome their political and strategic limitations and ensure their true self-representation. They are also empowered to use political imagination and strategies of resistance against more powerful opponents. This influences powerful actors to accept the demands of marginalized groups. (shrink)

Pursuing Jacques Derrida's reflections on the possibility of "religion without religion," John Llewelyn makes room for a sense of the religious that does not depend on the religions or traditional notions of God or gods. Beginning with Derrida's statement that it was Kierkegaard to whom he remained most faithful, Llewelyn reads Kant, Hegel, Nietzsche, Feuerbach, Heidegger, Sartre, Levinas, Deleuze, Marion, as well as Kierkegaard and Derrida, in original and compelling ways. Llewelyn puts religiousness in vital touch with the struggles of (...) the human condition, finding religious space in the margins between the secular and the religions, transcendence and immanence, faith and knowledge, affirmation and despair, lucidity and madness. This provocative and philosophically rich account shows why and where the religious matters. (shrink)

Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition (...) in attempts to secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)

This study examined whether supermarkets can be considered patches in the marginal value theorem (MVT) sense despite their particular features and whether they are models of human food foraging in resource-dense conditions. On the basis of the MVT, the quantitative relationship between gains in the Euro and patch residence time was modeled as an exponential growth function toward an upper asymptote, allowing the choice of an optimal strategy under diminishing returns. N = 61 participants were interviewed about their current (...) shopping trip and contextual variables at a German supermarket and provided data to estimate relevant model parameters. A nonlinear model of the patch residence time and resulting gain based on an exponential function was fitted via nonlinear orthogonal distance regression. The results generally revealed the relationships predicted by the model, with some uncertainty regarding the estimation of the upper asymptote due to a lack of data from participants with long residence times. Despite this limitation, the data support the applicability of the MVT-based model. The results show that approaches from optimal foraging theory, such as the MVT, can be used successfully to model human shopping behavior even when participants’ verbal reports are used. (shrink)

Schools in the United States have often been tasked with cultivating a political identity that is connected to the nation-state. In the civics classroom, this often means teaching a nation-state centered civic education, which can create a sense of disjuncture for some students. This year-long ethnographic study explores disenfranchised students living in the Virgin Islands’ political identities and interests and how their teachers responded to them. The findings suggest that students entered the classroom with developed and varied political interests and (...) identities that would not necessarily be recognized in a traditional nation-state centered civics class. Teachers responded by providing a culturally sustaining and humanizing civic education that honored their students’ diverse political and cultural identities and interests. (shrink)

They are often portrayed as outsiders: ethnic minorities, the poor, the disabled, and so many others—all living on the margins of mainstream society. Countless previous studies have focused on their pain and powerlessness, but that has done little more than sustain our preconceptions of marginalized groups. Most accounts of marginalization approach the subject from a distance and tend to overemphasize the victimization of outsiders. Taking a more intimate approach, this book reveals the personal, moral, and social implications of marginalization by (...) drawing upon the actual experiences of such individuals. Multidisciplinary and multicultural, Identity on the Margin addresses marginalization at a variety of social levels and within many different social phenomena, going beyond familiar cases dealing with race, ethnicity, and gender to examine such outsiders as renegade children, conservative Christians, and the physically and mentally disabled. And because women are especially subject to the effects of marginalization, feminist concerns and the marginalization of sexual practices provide a common denominator for many of the essays. From problems posed by "complimentary racism" to the status of gays in Tony Blair's England, from the struggle of Native Americans to preserve their identities to the singular problems of single mothers, Identity on the Margin takes in a broad spectrum of cases to provide theoretical analysis and ethical criticism of the mechanisms of identity formation at the edges of society. In all of the cases, the authors demonstrate the need for theory that initiates social change by considering the ethical implications of marginalization and criticizing its harmful effects. Bringing together accounts of marginalization from many different disciplines and perspectives, this collection addresses a broad audience in the humanities and social sciences. It offers a basis for enhancing our understanding of this process—and for working toward meaningful social change. (shrink)

It matters a great deal whether animals have moral status. If animals have moral status, it may be wrong for us to use them as we currently do – hunting, farming, eating, and experimenting on them. The argument from marginal cases provides us with a reason to think that some animals have moral status that is equal to that of “marginal” humans.

In the remediation of business-related human rights abuses, meaningful stakeholder engagement which culminates in effective access to remedy begins with forms of communication that enable the voice and agency of marginalized stakeholders, and value their lived experiences. Here, we consider how the development of a _dialogical_ theorization of stakeholder engagement is aligned with the practical and ethical goals of an effective access to human rights remedy. Drawing on dialogical theory, we discern four ethical criteria —_power cognizance, polyphonic pluralism, generative agonism (...) and discursive unfinalizability_— that reveal three general approaches to stakeholder engagement —_essentially monologic, seemingly dialogic and authentically dialogic_— based on the extent to which they exhibit the criteria above. We propose and discuss an 'authentically dialogic' approach for organizations adopting morally expansive, victim-centric approaches to engagement in the design and implementation of company-led remedial mechanisms. (shrink)

Given the existence of “marginal human cases”, it is often argued that we must either acknowledge that some human beings have less moral status than some non-human animals, or commit to the idea that moral status is held by humans qua human. In this paper, the moves available on both sides are shown to be unsatisfactory, and an argument for moral status that avoids both of the standard positions is suggested. Ultimately, it is argued that the discussion of (...) moral status is confused when marginal human cases are seen as posing a unique, rather than a general, theoretical problem. (shrink)

This study will explore the Enlightenment conception of the individual of reason, its attempted formulations in actor biographies, and its ultimate denial by the reality of human identity as multiple, fluid, and dialogical. Such fluidity sought to overcome the marginal status of the stage player through the embodiment of rational models of personality. Some stage celebrities, most notably David Garrick, were offering themselves as public models of identity for the new age of reasoned discourse. This involved the presentation before (...) the public of stage performers as fully realized individuals. However, the unavoidable problem was that presenting an individual, even a renowned stage star, as a living paradigm of the enlightened person of reason would prove elusive. Aside from the inherent contradiction of locating any perfected stereotype in an actual person, the qualities making an individual in full conformity to his or her “reason” did not match the particular cultural qualities demanded for a successful eighteenth-century middle-class Englishman or Englishwoman. Nonetheless, by the last quarter of the eighteenth century, significant advances were made both within the particular profession of acting and before the onstage and offstage public. The acting profession was moving quickly and for the first time in England away from its marginalized status to offer respected agents for cultural change. The new genre of actor biographies as well contributed to this more fully realized formulation of the modern individual. (shrink)

Elizabeth Anderson claims that the argument from marginal cases is 'the central argument' behind the claim that nonhuman animals have rights. But she thinks, along with Cora Diamond, that the argument is 'obtuse'. Two different meanings could be intended here: that the argument from marginal cases is too blunt or dull to dissect the reasons why it makes sense to say that nonhuman animals have rights or that the argument from marginal cases is insensitive regarding nonrational human (...) beings. The purpose of the present article is to argue that, despite Anderson's and Diamond's nuanced and perceptive treatments of the argument from marginal cases, this argument is not obtuse in either sense of the term. (shrink)

The essays in this volume explore the ways rights were available to those on the margins. By tracing pivotal judicial concepts such as 'right of necessity' and 'subjective rights' from their medieval versions, and by situating them in unexpected contexts such as the Franciscans' theory of poverty and colonization or today's immigration and border control, this volume invites its readers to consider whether individual rights were in fact or in theory available to the marginalized. By focusing not only on those (...) who are economically impoverished but also those who were disenfranchised because of disability, gender, race, religion or infidelity, the book also sheds light on the relationship between the early history of individual rights and social justice at the margins. (shrink)

One-third of all human lives end in early death from poverty-related causes. Most of these premature deaths are avoidable through global institutional reforms that would eradicate extreme poverty. Many are also avoidable through global health-system reform that would make medical knowledge freely available as a global public good. The rules should be redesigned so that the development of any new drug is rewarded in proportion to its impact on the global disease burden (not through monopoly rents). This reform would bring (...) drug prices down worldwide close to their marginal cost of production and would powerfully stimulate pharmaceutical research into currently neglected diseases concentrated among the poor. Its feasibility shows that the existing medical-patent regime (trade-related aspects of intellectual property rights—TRIPS—as supplemented by bilateral agreements) is severely unjust—and its imposition a human-rights violation on account of the avoidable mortality and morbidity it foreseeably produces. (shrink)

Although being essential to sustaining food production, migrant workers continuously find themselves at the bottom of the social and power hierarchy in food and agrarian systems around the world. Effects and origins of hierarchical ordering in food and agrarian systems increasingly gather public, political, and academic attention, however, how it matters for these systems remains little understood. As such, this paper aims to understand how hierarchical ordering shapes migrant worker marginality and links it to the contemporary formations of food and (...) agrarian systems. To do so, this paper explores engaged and embodied dimensions of disadvantaged migrant worker realities. This is done by drawing on research conducted in Norway, mainly consisting of interviews with migrant agri-food worker and farmers, as well as ethnographic data from Norwegian berry farms and supporting document analysis. The analysis reveals a complex picture of the power and reach of hierarchical ordering as it directly and indirectly impacts migrant workers in the Norwegian berry fields, as well as ideas around narrow divisions in food and agrarian systems and society more broadly that are implicated in naturalizing and internalizing such ordering. Following these insights, the paper proposes a theorization of food and agrarian systems as hierarchical projects– structures that find their foundations in patterned ordering that arranges and regularizes power hierarchies on the count of differences. (shrink)

Although being essential to sustaining food production, migrant workers continuously find themselves at the bottom of the social and power hierarchy in food and agrarian systems around the world. Effects and origins of hierarchical ordering in food and agrarian systems increasingly gather public, political, and academic attention, however, how it matters for these systems remains little understood. As such, this paper aims to understand how hierarchical ordering shapes migrant worker marginality and links it to the contemporary formations of food and (...) agrarian systems. To do so, this paper explores engaged and embodied dimensions of disadvantaged migrant worker realities. This is done by drawing on research conducted in Norway, mainly consisting of interviews with migrant agri-food worker and farmers, as well as ethnographic data from Norwegian berry farms and supporting document analysis. The analysis reveals a complex picture of the power and reach of hierarchical ordering as it directly and indirectly impacts migrant workers in the Norwegian berry fields, as well as ideas around narrow divisions in food and agrarian systems and society more broadly that are implicated in naturalizing and internalizing such ordering. Following these insights, the paper proposes a theorization of food and agrarian systems as hierarchical projects– structures that find their foundations in patterned ordering that arranges and regularizes power hierarchies on the count of differences. (shrink)

The doctrine of the margin of appreciation that the European Court of Human Rights has developed in its case law has given rise to considerable criticism. In this article I draw a distinction between two different ways in which the Court has used the doctrine. The first one is in cases where the Court has to decide whether a particular interference with a Convention freedom is justified. In answering that question, the Court often uses the label ‘margin of appreciation’ without (...) drawing on a substantive theory of rights that can justify the conclusion reached. The second use appears in cases where the Court refrains explicitly from employing a substantive test of human rights review on the basis that there is no consensus among Contracting States on the legal issue before it. My aim is to highlight the principles that can be used to justify each use of the doctrine, by locating human rights within broader issues in moral and political philosophy. Particular emphasis is placed on the distinction between reason-blocking and interest-based theories of rights as well as on the nature of the duties of the European Court, as a matter of international human rights law. (shrink)

A comprehensive study of the ethics of killing in cases in which the metaphysical or moral status of the individual killed is uncertain or controversial. Among those beings whose status is questionable or marginal in this way are human embryos and fetuses, newborn infants, animals, anencephalic infants, human beings with severe congenital and cognitive impairments, and human beings who have become severely demented or irreversibly comatose. In an effort to understand the moral status of these beings, this book develops (...) and defends distinctive accounts of the nature of personal identity, the evaluation of death, and the wrongness of killing. The central metaphysical claim of the book is that we are neither nonmaterial souls nor human organisms but are instead embodied minds. In ethical theory, one of the central claims is that the morality of killing is not unitary; rather, the principles that determine the morality of killing in marginal cases are different from those that govern the killing of persons who are self‐conscious and rational. Another important theme is that killing in marginal cases should be evaluated in terms of the impact it would have on the victim at the time rather than on the value of the victim's life as a whole. What primarily matters is how killing would affect that which would be rational for the victim to care about at the time of death. By appealing to various foundational claims about identity, death, and the morality of killing, this book yields novel conclusions about such issues as abortion, prenatal injury, infanticide, the killing of animals, the significance of brain death, the termination of life support in cases of persistent vegetative state, the use of anencephalic infants as sources of organs for transplantation, euthanasia, assisted suicide, and advance directives in cases of dementia. In particular, the book defends the moral permissibility of abortion, infanticide, and euthanasia in certain cases and argues that brain death is not the appropriate criterion of death either for a person or a human organism. (shrink)

Despite decades of research, we still lack a clear explanation for the emergence and persistence of inequality. Here we propose and evaluate a marginal utility of inequality hypothesis that nominates circumscription and environmental heterogeneity as independent, necessary conditions for the emergence of intragroup material inequality. After coupling the Standard Cross-Cultural Sample with newly generated data from remote sensing, we test predictions derived from this hypothesis using a multivariate generalized additive model that accounts for spatial and historical dependence as well (...) as subsistence mode. Our analyses show that the probability a society will be stratified increases significantly as a function of proxies of environmental heterogeneity and environmental circumscription. This supports the hypothesis that increasing environmental heterogeneity and circumscription drives the emergence and persistence of inequality among documented societies across the globe. We demonstrate how environmental heterogeneity and circumscription produce situations that limit individuals’ options so that some may find it in their best interest to give up some autonomy for material gain, while others may find it in their best interest to give up some material resources for another individual’s time or deference. These results support the marginal utility of inequality framework and enable future explorations of the ecological conditions that facilitate the emergence of intragroup inequality through time and across the globe. (shrink)

As part of the special issue on “The United Nations at Seventy-Five: Looking Back to Look Forward,” this essay looks at the UN's human rights efforts through the lens of the ethics of survival, normative ethics, the ethics of protection, institutional ethics, and the ethics of the human predicament in the face of the Sustainable Development Goals. The essay finds that while the consecration of the right to life has made a contribution to the ethics of human survival, the overall (...) impact of the human rights program has been marginal. Normative ethics shows the UN performing magisterially in drafting and adopting a body of international norms for the universal protection of human rights. However, when it comes to the ethics of protection, the UN performs poorly because of the numerous oppressive governments that control the world body. On the ethics of the human predicament, this essay finds that SDG 16, which is devoted to development, peace, justice, and strong institutions, has so far had little practical impact. Gross violations of human rights continue to take place in numerous parts of the world. (shrink)

There are human beings whose psychological capacities are rivalled or exceeded by many non-human animals; such humans are often referred to as 'marginal cases'. R G Frey has argued that there is no secure, non-arbitrary way of morally distinguishing between marginal humans and non-human animals. Hence, if the benefits of vivisection justify such painful and lethal procedures being performed on animals, so is the vivisection of marginal humans justified. This is a conclusion Frey is (...) driven to with 'great reluctance', but which he can see no way to avoid. This paper points out a feature of the condition of marginal humans unnoticed by Frey and his critics: such humans have suffered a tragic harm. It points towards an analysis of this harm, in terms of counterfactuals holding for marginal humans but not for psychologically equivalent animals. Finally, it discusses the moral implications of the harm that such humans have suffered, and argues that it serves as the basis of a defence for preferring humans to non-humans in cases of morally inescapable conflict. (shrink)

Five examples are given of major philosophical discussions in which technology needs to be taken into account. In the philosophy of science, the notion of mechanism has a central role. It has a technological origin, and its interpretation has links to technology. In the philosophy of mind, a series of technological analogues have had a deep influence on our understanding of human cognition: automata and watches, telegraphy and telephony, and most recently computers. The discussion on free will largely concerns, in (...) Locke’s words, whether we can “put morality and mechanism together.” Notions of computation and automata that have been abstracted from the behavior of technological devices are key concepts both in logic and in the philosophy of mathematics. Finally, bioethics is largely concerned with the ethical issues that new technologies give rise to in healthcare. As these examples show, there is no lack of technology-related subject matter in philosophy, but there is a lack of sustained attention to it. (shrink)