This article offers a theoretical and doctrinal solution to a vexing question in public law: how to determine the justifiability of Charter rights-limiting administrative decisions. The jurisprudence suggests three approaches, or modes of reasoning: minimal impairment analysis, ‘interest balancing’, and ‘values-advancing reasoning’. Like Cerberus, the guard dog of Hades, Canadian public law has become three-headed. While scholars and courts argue about which mode of reasoning is categorically best, the culture of justification compels us to ask instead which provides the (...) most compelling explanation for each rights-limiting decision. Just as cutting off one of Cerberus’s heads would diminish his effectiveness as a guard dog, rejecting either of the modes of reasoning would limit decision makers’ capacity to explain their decisions and undermine a culture of justification. The article makes a theoretical case for retaining all three modes of reasoning and sets out a doctrinal approach to determining when each is applicable. (shrink)

_The face of American education is evolving—and the roadmap is clear_ _On the Rocketship: How Top Charter Schools are Pushing the Envelope_ examines the rise and expansion of leading charter school network Rocketship, revealing the "secret sauce" that makes a successful program. A strong narrative with a timely message, the book explores how Rocketship started and the difficulties encountered as it expands. Designing schools for children who have been failed by traditional schools is extremely challenging work. Setbacks are (...) inevitable. Later in the book the narrative shifts to the national picture, exploring how high performing charter schools are changing the education landscape in cities such as Denver, Memphis, and Houston. The book emerges just as charter schools are running into stiff political opposition in New York City and elsewhere. Even in San Jose, Rocketship's home base, the pushback against charter schools is gaining speed. _On the Rocketship_ becomes a valuable resource for explaining what's at stake in this battle. Lose these schools, in New York, San Jose and other cities, and low-income and minority students lose their best shot at a quality education. Written by a veteran journalist who followed Rocketship through a school year, the book explores some of the factors that make Rocketship and other charters successful, including the blended learning that was pioneered at charter schools, especially Rocketship. Many schools around the country are looking to Rocketship as a model for implementing blended learning. The interplay between charter schools and blended learning is setting a change in motion, and the American education system is ready to evolve. _On the Rocketship_ details this phenomenon, providing insights for educators across the nation. (shrink)

Part of a series exploring ethical issues relevant to the practising nurse. In terms of ethics, The Patient's Charter is about the rights of patients and clients. This book views the ethical issues of the charter from four different viewpoints - the nurse, the doctor, the manager and the patient.

This paper is an ethical exegesis of the biblical story of Gibeah, which concludes the Book of Judges (19–21), to show the catastrophic failure of the anti-political politics of the “community of virtue”, i.e., the rejection of power for the sake of moral society, such as proposed by libertarians, neo-liberals, anarchists and utopians. I consider Kant’s statement of the political problem: given humanity’s unsocial sociality, where each person is tempted to act as an exception to universal law, humans need rulers, (...) but how to obtain rulers who are not themselves ruled by power, and become tyrannical, rather than being ruled by justice? The solution proposed by “the community of virtue” would reject power altogether and replace it with society regulated exclusively according to the moral virtue of its members. The Bible’s story of Gibeah shows graphically and conclusively the failure of any such attempt. Instead, as with normative political philosophy, the Bible endorses the rule of a king, i.e., the rule of the state, and a politics whereby power is disciplined to serve justice because it is rooted in Torah, i.e., a fundamental covenant, charter or constitution, aware and vigilant regarding the ambiguities and temptations of sovereignty, and therefore, ideally, always open to critique. As exemplified by biblical prophets, political protest against injustices perpetrated by the powerful against the least—widow, orphan, stranger—is at once religious obligation and true patriotism. (shrink)

ExcerptThe Ukraine war since February 2022 has exposed stark cleavages in international politics. The end of history long ago ended, and with it the conviction that Western civilization and its distinctive form of modernity would become universal.1 The clash of civilizations, in the model outlined by Samuel Huntington, has also been shown to be misdirected, although not entirely misguided.2 There is a struggle between civilizations, but the line is drawn not between the great religious blocs but along rather different lines. (...) It is the Atlantic West that has emerged as the leading contender, provoking a range of reactions from Eurasia and the Global South. The front line now runs within the Global North, between the Atlantic powers and an ill-defined Eurasian bloc, both of which are firmly part of European culture and civilization. The conflict can be viewed as a type of civil war, generated not by civilizational conflict per se but by geopolitics. The political West that took shape in Cold War I represented a distinctive combination of power and authority. Power was expressed above all by the military potential vested in the United States and formalized in a multilateral format with the creation of the North Atlantic Treaty Organization (NATO) in 1949. Authority was generated by the principles underlying the political West, whose founding document is the Atlantic Charter of August 1941, which enunciated Wilsonian themes of democracy and security. (shrink)

With the end of the Cold War the world approached the prospect of realizing what one might call the ‘Kantian moment’ in international relations. Auspiciously, 1995 marked both the 50th anniversary of the establishment of UN Charter, in which human rights guarantees prominently figured, as well as the 200th anniversary of Kant’s celebrated text on ‘Perpetual Peace.’ During the era of the EastWest political stalemate, the idea of effective world governance remained a chimera, as both political camps willfully exploited (...) international governmental organizations (IGOs), such as the UN and UNESCO, for the self-serving ends of Realpolitik. Human rights claims were brazenly politicized. The Soviets lambasted American racism and the inadequacy of social rights. The USA and its allies, conversely, pilloried their opponent’s failure to minimally respect basic, first-generation civil and political liberties. (Published: 26 May 2010) Citation: Ethics & Global Politics, Vol. 3, No. 2, 2010, pp. 143-153. DOI: 10.3402/egp.v3i2.5213. (shrink)

Drawing upon hitherto-unused sources and written in a lively, accessible style, this book represents a shift in the historiography of British education. At the center of the investigation is Joseph Payne, born in humble circumstances in 1808, who in 1873 was appointed to the first professorship in Britain, established by a chartered body of schoolteachers. By that date Payne had acquired a considerable reputation-as the founder of two of the most successful of Victorian private schools; a classroom practitioner of rare (...) skill; the author of bestselling textbooks; a scholar, despite no formal education; and as a leading member of such bodies as the College of Preceptors, the Scholastic Registration Association, the Girls' Public Day School Trust, the Women's Education Union, and the Social Science Association. (shrink)

This article examines the political challenges of the European Union. It explains that political theorists and scientists alike have viewed European integration as a laboratory for exploring how far the nation state, and the forms of domestic and international politics to which it gave rise, has been affected by the various processes associated with globalization. It discusses the Charter of Rights and Constitutional Treaty of the EU and suggests that the EU can be plausibly characterized as an intergovernmental organization (...) of an advanced kind, a nascent federation of states, and a new form of post-national and post-state entity. (shrink)

Today the radical as well as the organizing pacifism have become compatible in the engagement for an universal legal system, which is based on the acknowledgement of human rights and a general prohibition of the use of force. The classical doctrines of just war have become obsolete, but their implicit elements concerning moral criticism of violence are indispensable. The author critisizes the misuse of the human rights argument for the justification of military interventionism. A legitimate policy of peace and security (...) has to depend on the development of a collective security system as proposed by the UN-Charter. It cannot be based on traditional military alliances of defence. To intervene in domestic conflicts, if any, peacekeeping operations are qualified, when and as far as they bind themselves to the principles of consensus of all parties concerned, of strict neutrality and of deescalation. There is a special obligation for Germany to restrain herself in military actions and toset an example in developing an international culture of nonviolence. (shrink)

Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, (...) and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)

The language of “participant-driven research,” “crowdsourcing” and “citizen science” is increasingly being used to encourage the public to become involved in research ventures as both subjects and scientists....

First published in 1985. Routledge is an imprint of Taylor & Francis, an informa company.

The reputation and influence of Emmanuel Levinas has grown powerfully. Well known in France in his lifetime, he has since his death become widely regarded as a major European moral philosopher profoundly shaped by his Jewish background. A pupil of Husserl and Heidegger, Levinas pioneered new forms of exegesis with his post-modern readings of the Talmud, and as an ethicist brought together religious and non-religious, Jewish and non-Jewish traditions of contemporary thought. Richard A. Cohen has written a book which (...) uses Levinas' work as its base but goes on to explore broader questions of interpretation in the context of text-based ethical thinking. Levinas' reorientation of philosophy is considered in critical contrast to alternative contemporary approaches such as those found in modern science, psychology, Nietzsche, Freud, Husserl, Heidegger, Sartre, Merleau-Ponty, Derrida and Ricoeur. Cohen explores a manner of philosophizing which he terms 'ethical exegesis'. (shrink)

In this paper, I want to explore the relationship between the various forms of individual self-interest and the appropriate structures of government. I shall begin with the former, and by degrees extend the analysis to the latter. I do so in order to mount a defense of principles of limited government, private property, and individual liberty. The ordinary analysis of self-interest treats it as though it were not only a given but also a constant of human nature, and thus makes (...) few allowances for differences between persons. Yet common experience tells us that personality and behavior are as unique as fingerprints. The positive inquiry, therefore, is how we find what is constant about self-interest in a world of natural human diversity. The normative inquiry must take into account both the constant and variable features of human nature in order to determine what forms of social arrangements hold the greatest prospect of long-term social advantage. The gulf between ‘is’ and ‘ought’ must be overcome here, as it must be in all normative discourse. Yet we cannot make sensible judgments of what ought to be the case in the domain of rules unless we first have some idea of what is the case in the domain of behavior. The initial inquiry asks why self-interest is regarded as a constant of human behavior. The explanation derives more from the biological and less from the social. The powerful pressures of natural selection weed out any organisms for whom selfinterest is not the paramount consideration. (shrink)

A dozen papers by internationally known scholars explore questions largely unthinkable without Richard Watson's classic Downfall of Cartesianism: Descartes in Holland, Descartes and Simon Foucher, and issues raised by Descartes for philosophy of mind, philosophy of science, translation and toleration.

In lieu of an abstract, here is a brief excerpt of the content:The Breakdown of C i M phy " artes an eta sacs RICHARD A. WATSON WITHIN CARTESIANISMthere arose many problems deriving from conflicts between Cartesian principles. Inadequate attempts to solve these problems were crucial reasons for the breakdown of Cartesian metaphysics in the late seventeenth and early eighteenth centuries. The major difficulties derived from the acceptance of a dualism of substances seated in a system which included epistemological (...) and causal likeness principles plus an ontological framework in which the categories of substance and modification were exhaustive. The major solutions involved either denying the likeness principles or altering the ontological framework. The first led to unintelligibility ; the second, culminating in Hume, opened the way to non-Cartesian metaphysics. The first section of this study contains a characterization of late seventeenth -century Cartesian metaphysics. The second is an exposition of Foucher 's four major criticisms of this system. In the third section, monistic solutions suggested in Descartes and by Spinoza, Foucher, Leibniz, and Locke are considered; in the fourth, the dualistic solutions of the orthodox Cartesians Rohault, R~gis, Desgabets, La Forge, Le Grand, and Arnauld; and in the fifth, the occasionalist solution of Malebranche. The sixth section is an analysis of these orthodox and occasionalist solutions, showing how each ultimately fails because of dependence upon the ontology of substance and modification. The seventh section is a consideration of Berkeley and Hume in the Cartesian context. A consideration of their systems as offering solutions to Cartesian problems illuminates in new light both the systems and the problems. In broad terms, this study moves from a consideration of problems arising from an ontology of two substances, to a consideration of problems arising from the ontological pattern of substance and modification. The Cartesians were concerned with relationships between two substances, but they saw no difficulties connected with the relationship between a substance and its modifications (or properties). Berkeley's treatment (deriving from Male- [177] 178 HISTORY OF PHILOSOPHY branche) of the relationships between mind and idea, and between mind and notion, is illuminated by a consideration of the extent to which he took these relationships for granted in the Cartesian way, and of the extent to which he saw difficulties in the relationship between substance and modification. The Berkeleian solution to Cartesian problems, like that of Malebranche before him, was not successful; Malebranche belittled, and Berkeley denied the dualism of substances, but neither philosopher could break entirely with the ontological pattern of substance and modification. The final breakdown of Cartesian metaphysics came with Hume, who, in providing the culmination of a most important trend in modern philosophy, opened the way to new metaphysics and became the father of contemporary philosophy. I A model late seventeenth-century Cartesian metaphysical system. The last grand expositor of the Cartesian philosophy was Antoine Le Grand who in 1694 published An Entire Body of Philosophy. The characterization of the late seventeenth-century Cartesian system given below follows Le Grand's exposition more closely than others, but it also incorporates elements from those of Rohault, R6gis, Desgabets, La Forge, Malebranche, and Arnauld.1 None of these philosophers professed a system of exactly the sort this characterization pictures, nor is it implied here that they do. The guide and rationale for drawing from them such a model Cartesianism is the polemical writing of Simon Foucher. Foucher's series of attacks upon Cartesianism (of which the second is his criticism of Malebranche of 1675, Critique de la Rdcherche de la veritd) give clearly the most important objections against Cartesian metaphysics.2The system outlined below, while more com1Le Grand, Antoine, An Entire Body of Philosophy According to the Principles of the Famous Renate des Cartes (London, 1694); Rohault, Jacques, Traitd de physique (Paris, 1671); R6gis, Pierre-Sylvain, Syst~me de philosophie, contenant la logique, la mdtaphysique, la physique et la morale (Lyon, 1690); Desgabets, Robert, Critique de la Critique de la Recherche de la veritd, oCt l'on decouvre le chemin qui conduit aux connoissances solides. Pour servir de rdsponse gtla Lettre d'un academicien (Paris, 1675); La Forge, Louis de, Traitd de l'dme humaine, de ses facultds et fonctions et de son union avec le corps, d'apr~s les principes de... (shrink)

Stimulated by these three brilliant target essays this commentary raises a few questions about the universality of the “emotions,” the cultural psychology of “natural kinds,” and the analytic deconstruction of the idea of an emotion.

Being 'biblical' : contexts and starting points -- Jesus of Nazareth : great moral teacher or friend of sinners? -- Paul : follower or founder? -- Mark : suffering for the kingdom -- Matthew : being truly righteous -- Luke-Acts : a universal concern -- John : teaching the truth in love -- Apartheid : an ethical and generic challenge to reading the New Testament.

This elevating pull of an ethics that can account for the relation of self and other without reducing either term is the central theme of these essays.

Posner characterizes the current preoccupation with moral and constitutional theory as an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise, and advocates a rebuilding of the law on the basis of systematic empirical inquiry.

The correct solution to complex problems, such as those involved in international relations, can generally be discovered ex post but not predicted ex ante. Economics and game theory attempt to model such complexity, but have difficulty taking into account psychological subtleties, the myriad factors that each agent considers when making a decision, and cultural differences. And understanding that one is dealing with a system—that is, with interacting factors instead of with insulated monads—may not make the questions any more amenable to (...) prediction, particularly because the more unique an event, the less likely it is to be foreseen. Jervis's analysis of complex systems may therefore be more of a contribution to the historical sciences than to predictive social science. (shrink)

This is an account of Ian Charleson's extraordinary performance in Richard Eyre's production of Shakespeare's Hamlet. The essay is divided into four parts: the original Hamlet in Eyre's production was Daniel Day-Lewis whose stirring but erratic portrayal strangely terminated in mid-performance; Ian Charleson's rehearsal process, including comments by actors and friends about his talent and courage in preparing for the role; Charleson's brilliant acting, his triumph in overcoming his physical weakness and ravaged appearance as he was dying of AIDS; (...) and personal memories of Charleson's November 3, 1989 performance. (shrink)