First published in 1985. In this study, Donnelly distinguishes between "having a right" and "being right" and elaborates the distinction with great subtlety to show that rights have to be understood as action and not as a possession. This is done with such clarity and good sense that he is able to cast light on all aspects of the often confusing discussions of the natures and usages of "right". He illuminates an astonishing range of issues, from the limitations of (...) Thomist and utilitarian conceptions of right to the confusions of many present-day defenders of rights, both in the West and the Third World. As importantly, Donnelly is centrally concerned with the human aspect of "human rights". He is thus able to rest his discussion of rights on a plausible philosophical anthropology as well as an appreciation of an historical dimension to human rights, and, at the end of his book, is able to open the door towards potential new developments in the discussion of human rights. Down the path he points us lies a reconciliation of the notion of individual rights with that of political community. This title will be of great interest to students of politics and philosophy. (shrink)

This paper examines the creation of what I have called “The Other Average Man” of nineteenth-century science. This other average man was created during the course of the career of the Belgian polymath Adolphe Quetelet (1796–1874) and his development of physique sociale and the controversial l’homme moyen. Rather than discuss Quetelet’s abstract average man, which has received considerable attention, the paper focuses on the real average men that Quetelet imagined would do the work of providing data for physique sociale. To (...) do so, it investigates three moments in Quetelet’s administrative career in Belgium: his early life in Ghent and Brussels during the brief polity of the United Kingdom of the Netherlands, his remarkable transformation of the Académie Royale de Belgique in the 1820s, and an 1846 debate at the Academy on the possible determinism entailed by Quetelet’s statistical account of human behavior. These stories not only point to the creation of another average man in Quetelet’s social physics, but also demonstrate the importance of Belgium’s unique historical context for understanding one of nineteenth-century Europe’s most enduring contributions to the social sciences. (shrink)

In her interesting paper on cross-jurisdictional legal approaches to brain death, Ariane Lewis considers whether informed consent is required for DNC testing in the UK, and proposes that it is not...

The paper surveys the origins of chemical engineering in England in the late nineteenth and early twentieth centuries. It deals particularly with the recognition of the field as an independent discipline, its relations with chemistry and mechanical engineering, and the influence on its growth of industrial ‘demand’. The position of chemical engineering in public discourse, in the City and Guilds Central Institution, and at Imperial College of Science and Technology and University College London are discussed, together with the creation of (...) the Institution of Chemical Engineers in 1922. The idea that the discipline grew merely in response to the demands of industrial capitalists is rejected, and a variety of other interest groups is shown to have participated. (shrink)

An investigation of criminal attempts unearths some of the most fundamental, intriguing and perplexing questions about criminal law and its place in human action. When does attempting begin? What is the relationship between attempting and intending? Do we always attempt the possible and, if so, possible to whom? Does attempting involve action and does action involve attempting? Is my attempt fixed by me or can another perspective reveal what it is? How 'much' action is needed for an attempt, how 'much' (...) intention is needed and can these matters be decided categorically? Bebhinn Donnelly-Lazarov's answers to these questions will interest criminal law theorists, philosophers and lawyers or law reformers, who encounter the mixed practical and philosophical phenomenon of attempting. Inspired by G. E. M. Anscombe's philosophy, Part I examines attempting generally and its relationship with intention, action subjectivity, and possibility. From the conclusions reached, Part II proposes a specific theory of criminal attempts. (shrink)

In theology, by W.L. Rowe.--Divine foreknowledge and human freedom, by A. Kenny.--Some puzzles concerning omnipotence, by G.I. Mavrodes.--The paradox of the stone, by C.W. Savage.--Creation ex nihilo, by J. Donnelly.--The miraculous, by R.F. Holland.--On miracles, by P.J. Dietl.--The tacit structure of religious knowing, by J.H. Gill.--On the observability of the self, by R.M. Chisholm.--Re-examining Kierkegaard's "Teleological suspension of the ethical," by J. Donnelly.

Donnelly's essay reconstructs the scholarly discourse on human rights that began with the initial mid-1970s "innovative and controversial" approach of linking human rights to foreign policy.

A complex network of ethico‐legal rules makes it difficult for health researchers in South Africa to lawfully recruit adolescents to the kinds of sensitive studies where it may be ethically appropriate to proceed without notifying parents or obtaining parental consent. This article responds to a recent proposal to amend the blanket requirement for mandatory parental consent presently contained in section 71 the South African National Health Act 61 of 2003 [NHA]. The proposed amendment is intended to bring the NHA into (...) alignment with South Africa's 2015 Department of Health Guidelines on Ethics in Health Research by permitting greater flexibility for a health research ethics committee to waive parental consent, and permit adolescents to consent independently. A lacuna in this proposal is highlighted with reference to the requirements of South Africa's Protection of Personal Information Act 4 of 2013 [POPIA]: Even if the NHA is amended as proposed, the goal of aligning South African law with prevailing ethics norms in South Africa would not necessarily be attained, as parental consent may still be required by POPIA. This article investigates whether this goal (of aligning the law with ethics) can be attained in a way that is compliant with POPIA. It is concluded that this is indeed possible in a number of ways, and that the best way to attain this goal is by requesting the South African Information Regulator to issue a guidance note to the effect that all health research projects that are approved by institutional health research ethics committees are to be regarded as being in the public interest, which would qualify such health research projects to be exempted from POPIA's consent requirements. (shrink)

This article is concerned with understanding continuity and stability in teaching, and their significance. It looks particularly at the work of Anthony Giddens on structure and agency, that of Martin Heidegger on the limits of discursive and theoretical analysis, and the communitarian strand within ethics. It applies this discussion to understandings of teachers’ work in the context especially of policy and agendas for change, arguing that continuity and the notion of a community of practitioners is critical to maintaining the distinctive (...) ethical quality of teaching. (shrink)

Classical education includes an apprenticeship in the art of rhetoric. It also gives a central place to the study of major works of literature, philosophy, and theology. There is often, however, an assumed disconnection between the art of rhetoric and the study of great texts. This disconnection undermines students’ ability to hear the voices of these texts as conversation partners in ongoing debates. This article illustrates how historically-based rhetorical-poetic reading enables us to hear the voices in a given text and (...) to consider how they work together. The argument first outlines some modern assumptions about the relation between poetry and rhetoric. The second part explains what rhetorical-poetic reading involves when approaching John Milton’s epic, Paradise Lost. The final section focuses on the second book of Milton’s poem, establishing how layered persuasive purposes constitute the fabric of the work and what the poem reveals through its curious dramatization of demonic deliberation. (shrink)

Understanding how healthcare responsibility is distributed will give insight on how health‐care is delivered and how members of a society are expected to practice health‐care. The raising cost of health‐care has resulted in restructuring of the existing Canadian healthcare system toward a system that controls costs by placing more healthcare responsibility on the individual. This shift might create more difficulty for immigrants and refugees to obtain equitable health‐care and put blame on them when they experience illness. This paper is drawn (...) from the results of a larger qualitative study exploring Vietnamese Canadian women's breast cancer and cervical cancer screening practices. Interview data were gathered from 15 Vietnamese Canadian women and six healthcare providers. We will demonstrate that (a) despite the strong influence of individualism, Vietnamese women and their healthcare providers value both individual liberty and the interrelationship between individual and society; (b) limited funding and unequal distribution of healthcare resources impacted how immigrant and refugee women practice health‐care. Thus, motivating and fostering immigrant and refugee women's healthcare practice require both individual and institutional effort. To foster immigrant and refugees’ healthcare practices, healthcare policy makers and providers need to consider how to distribute healthcare resources that meet immigrants’ and refugees’ healthcare needs in the most equitable way. (shrink)

The AI and Society discourse has previously drawn attention to the ways that digital systems embody the values of the technology development community from which they emerge through the development and deployment process. Research shows how this effect leads to a particular treatment of gender in computer systems development, a treatment which lags far behind the rich understanding of gender that social studies scholarship reveals and people across society experience. Many people do not relate to the narrow binary gender options (...) of male or female, and many people express their gender identity in much richer ways than the sex/gender binary female/woman and male/man Boolean terms will allow. We ask: are “born-digital” gendered datasets in digital systems experienced as marginalising by those who express their identity beyond the male/female binary? Case Study: Ireland. To answer this universal question, this paper presents the findings of an empirical case study of people in Ireland with diverse gender identities and expressions, and their experiences with public data systems and new technologies. In spite of great social changes in Ireland which have led to constitutional change in favour of LGBTQI + people, born-digital systems were experienced by respondents as embodying socio-cultural values which were no longer accepted in society at large. For many of the respondents, digital technologies routinely marginalise them in all kinds of ways. These systems keep alive violence and oppression long after civil rights have been enshrined in constitutional law. This study is just one example of the way assumptions about digital are disengaged from society-at-large. It is a call to arms to all who are passionate about socially-responsible technology. (shrink)

The purpose of this paper is to examine the linkages and relationships between the officially prescribed school ethos and that which emerges from social interaction. Qualitative data drawn from one Grant-Maintained-Integrated and one Catholic primary school in Northern Ireland show how school ethos, defined as the observed practices and interactions of school members, often departs considerably from school ethos defined as those values and beliefs which the school officially supports. On the basis of the data it is argued that much (...) of what we understand of school ethos is superficial and contradictory. With this in mind the paper concludes by presenting a new angle on ethos which, when taken in conjunction with the other perspectives, further enhances our understanding of how schools work. (shrink)

Non-symmetric relations like loves or between can apply to the same relata in non-equivalent ways. For example, loves may apply to Abelard and Eloise either by Abelard’s loving Eloise or by Eloise’s loving Abelard. On the standard account of relations, different applications of a relation to fixed relata are distinguished by the direction in which the relation applies to the relata. But neither Directionalism nor its most popular rival, Positionalism, offer accounts of differential application that generalize to relations of arbitrary (...) symmetry structure. Here, I develop an alternative account, Relative Positionalism, which distinguishes different applications of a relation to fixed relata in terms of the ways in which the relata are characterized relative to one another. In presenting and defending Relative Positionalism, this paper covers some of the same ground as my [2016], but avoids the latter’s algebraic approach and focuses on interpretative issues—in particular, how to make sense of relative property instantiation—that were not addressed in the earlier paper. (shrink)

There is consensus that the adult lexicon exhibits lexical competition. In particular, substantial evidence demonstrates that words with more phonologically similar neighbors are recognized less efficiently than words with fewer neighbors. How and when these effects emerge in the child's lexicon is less clear. In the current paper, we build on previous research by testing whether phonological onset density slows lexical access in a large sample of 100 English‐acquiring 30‐month‐olds. The children participated in a visual world looking‐while‐listening task, in which (...) their attention was directed to one of two objects on a computer screen while their eye movements were recorded. We found moderate evidence of inhibitory effects of onset neighborhood density on lexical access and clear evidence for an interaction between onset neighborhood density and vocabulary, with larger effects of onset neighborhood density for children with larger vocabularies. Results suggest the lexicons of 30‐month‐olds exhibit lexical‐level competition, with competition increasing with vocabulary size. (shrink)

Prediction-based accounts of language acquisition have the potential to explain several different effects in child language acquisition and adult language processing. However, evidence regarding the developmental predictions of such accounts is mixed. Here, we consider several predictions of these accounts in two large-scale developmental studies of syntactic priming of the English dative alternation. Study 1 was a cross-sectional study (N = 140) of children aged 3−9 years, in which we found strong evidence of abstract priming and the lexical boost, but (...) little evidence that either effect was moderated by age. We found weak evidence for a prime surprisal effect; however, exploratory analyses revealed a protracted developmental trajectory for verb-structure biases, providing an explanation as for why prime surprisal effects are more elusive in developmental populations. In a longitudinal study (N = 102) of children in tightly controlled age bands at 42, 48, and 54 months, we found priming effects emerged on trials with verb overlap early but did not observe clear evidence of priming on trials without verb overlap until 54 months. There was no evidence of a prime surprisal effect at any time point and none of the effects were moderated by age. The results relating to the emergence of the abstract priming and lexical boost effects are consistent with prediction-based models, while the absence of age-related effects appears to reflect the structure-specific challenges the dative presents to English-acquiring children. Overall, our complex pattern of findings demonstrates the value of developmental data sets in testing psycholinguistic theory. (shrink)

Intention is at the heart of criminal law. If it is not the mens rea requirement found most often in offences, it is still the standard against which other grades of fault tend relatively to be judged. It has generated much controversy, as the crucial question, “Did the defendant intend X?” is resistant to clear answers. This paper argues that intention-questions are difficult because intention is not the thing law takes it to be: Importantly, contrary to law's assumptions, it is (...) neither a state of mind nor is it connected in an exclusive manner to the reasons for which we act. (shrink)

Buddhanature, or tathagatagarbha: some say it is not Buddhist, some say it is quintessentially so. I do not want to push either judgment upon you; there is more than one way to be a Buddhist! Instead, I want to provide a roundup of some formative buddhanature texts and allow you to see what is unique about them, in the hope that you might explore these fascinating works for yourself. -/- In the texts outlined below, we see innovative steps taken away (...) from the philosophical preoccupation with emptiness (sunyata) and not-self (anatman) with which much early Buddhist scholasticism was concerned, with a focus instead on a type of liberative phenomenology that allows us to uncover our “true” nature and realize liberation. (shrink)

This work will argue that Mahāyāna philosophy need not result in endorsement of some cosmic Absolute in the vein of the Advaitin ātman-Brahman. Scholars such as Bhattacharya, Albahari and Murti argue that the Buddha at no point denied the existence of a cosmic ātman, and instead only denied a localised, individual ātman (what amounts to a jīva). The idea behind this, then, is that the Buddha was in effect an Advaitin, analysing experience and advocating liberation in an Advaitin sense: through (...) a rejection of the individual ātman and knowledge (jñāna) of and immersion into the universal ātman-Brahman. I will explore how different religious traditions define and shape the Absolute according to their own religious convictions, illustrating a divergence in conception from the very start, before exploring key differences between the Advaitin conception of the Absolute as put forth by Śaṅkara and as defended by Bhattacharya in The Ātman-Brahman in Ancient Buddhism. I then challenge Bhattacharya’s claims that prajñāpāramitā literature necessarily endorses the ātman-Brahman and that Mahāyāna philosophies reorientate Buddhists towards the truth of the ātman-Brahman. I do this by arguing that there are viable interpretations of Vasubandhu’s Yogācāra and Nāgārjuna’s Madhyamaka that do not advocate such a belief, that prajñāpāramitā literature can be viewed as a project in episteme rather than ontology, and that we need not find a ground of the same sort as the ātman-Brahman in the Buddhist flux of experience. I conclude by showing that whilst Absolutism is a theme in some schools of Buddhism, it need not be – contra Bhattacharya – the conclusion of two major Mahāyāna philosophies. (shrink)

Breast cancer and cervical cancer are major contributors to morbidity and mortality among Vietnamese Canadian women. Vietnamese women are at risk because of their low participation rate in cancer‐preventative screening programmes. Drawing from the results of a larger qualitative study, this paper reports factors that influence Vietnamese women's participation in breast and cervical cancer screening from the healthcare providers’ perspectives. The women participants’ perspective was reported elsewhere.Semistructured interviews were conducted with six healthcare providers. Analysis of these interviews reveals several challenges (...) which healthcare providers encountered in their clinical practice. These include the physicians’ cultural awareness about the private body, patient's low socioeconomic status, the healthcare provider–patient relationship, and limited institutional support.This is the first Canadian study to identify the healthcare providers’ perspective on giving breast and cervical cancer preventive care to the Vietnamese immigrant women. The insight gained from these healthcare providers’ experiences are valuable and might be helpful to healthcare professionals caring for immigrant women of similar ethno‐cultural backgrounds. Recommendations for the promotion of breast cancer and cervical cancer screening among Vietnamese women include: (i) effort should be made to recruit Vietnamese‐speaking female healthcare professionals for breast and cervical health‐promotion programmes; (ii) reduce woman–physicians hierarchical relationship and foster effective doctor–patient communication; (iii) healthcare providers must be aware of their own cultural beliefs, values and attitudes that they bring to their practice; and (iv) more institutional support and resources should be given to both Vietnamese Canadian women and their healthcare providers. (shrink)

Sarch understands human actions to be ontologically rich and so descriptively broad.1 He provides a careful account of how this is so and of the ensuing implications for posited and normative culpa...

The increasing number of immigrants in Canada has led to more nursing students for whom English is an additional language (EAL). Limited language skills, cultural differences, and a lack of support can pose special challenges for these students and the instructors who teach them. Using a qualitative research methodology, in‐depth interviews with fourteen EAL nursing students and two focus group interviews with nine instructors were conducted. In this paper, the instructors' perspectives are presented. Data acquired from the instructors suggest that (...) the challenges experienced by EAL students and instructors reside in a lack of awareness and support at the institutional and structural levels rather than solely on capacities of individual EAL students or instructors. From this study, identification of supportive activities for nurse educators and education sector decision makers emerged. (shrink)

The relationship between students and higher education is seen to have become increasingly transactional. We approach the study of the student–HE relationship in a novel way, by focusing on students’ behaviour post-university, rather than on student narratives. Conceptually, the article builds on multidimensional views of student engagement and the differentiation between psychological transactional contracts – where students who achieve better academic results are more likely to donate – and relational contracts – where students donate more following engagement in social experiences. (...) Making use of longitudinal data on donation behaviour from over 50,000 alumni from an English university over two decades, we find that while students who get better degree outcomes are more likely to donate, the association between participation in social experiences and donations is much stronger. This questions prevalent transactional models of HE and underlines the limitations of purely consumerist views of the relation between students and higher education institutions, even in the marketized UK context. (shrink)