This book offers an interpretation of the work of Theodor Adorno. In contrast to the conventional view that Adorno's is in essence a critical philosophy, Yvonne Sherratt traces systematically a utopian thesis that pervades all the major aspects of Adorno's thought. She places Adorno's work in the context of German Idealist and later Marxist and Freudian traditions, and then analyses his key works to show how the aesthetic, epistemological, psychological, historical and sociological thought interconnect to form a utopian image. (...) The book will be eagerly sought out by students and specialists in philosophy, social and political theory, intellectual history, literary theory and cultural studies. (shrink)

John Rawls’s writings on just war, though limited, shed important light on the ethics of political violence. This chapter explores Rawls’s contribution to just war theory, paying particular attention to how he differs from his contemporary, Michael Walzer, as well as from future methodological sympathizers, the “revisionists,” who also turn to analytical philosophy to draw insights about just war. In contrast to the “revisionists,” however, Rawls does not take the reductive individualist turn. Rather, he extends the original position that defines (...) the domestic setting to peoples inhabiting the international level. This assumption sets the stage for his theorizing about just war, which tracks closely with Kant (on democratic peace theory) and Walzer (on supreme emergency), while offering insights into just war against “outlaw” states, individual conscientious objection in response to unjust wars, and the role that just war tenets might play in setting the stage for peace. Ultimately, Rawls’s thinking about the place of political collectives in the international domain offers insights for better navigating the methodological disagreements between traditional and revisionist views of just war from a largely untapped but analytically rigorous, perspective. (shrink)

Hojjat Soofi successfully developed a novel dementia-specific model of human flourishing.1 Based on a modified version of Nussbaum’s account of dignity (ie, the theoretical framework of the capabilities approach), and integrated with Kitwood and Bredin’s empirically informed list of indicators of well-being for people with dementia (ie, the field of empirically informed ethics), this model provides guidance on how to actually care for people with dementia in real-life practices, according to the moral requirements of respect for dignity. More specifically, we (...) deem the contributive value of the model to be threefold. (1) It is a successful specification and contextualisation of Nussbaum’s original list of capabilities in the context of dementia care. (2) The table clearly distinguishes between dementia-specific capabilities and their possibly dementia-related progressive deprivation (ie, the internal conditions), and the possible external setbacks or facilitators for human flourishing. (3) The model is proposed as being open to include new and additional insights from further empirical research on what forms of caregiving do (or do not) align with respect for the dignity of people with dementia. In our commentary, we want to focus on the source of dignity, that is, the locus and starting point of our moral requirements on which the author takes an explicit stance. First of all, by being founded on the list of dementia-specific capabilities, Soofi’s model places the source of our moral requirements of respect for the dignity of people with dementia within the persons themselves, ‘having some of the basis capabilities listed’ (p.6). This, in turn, brings classic discussions concerning a …. (shrink)

Within contemporary health care, many of the decisions affecting the health and well-being of patients are not being made by the clinicians or health professionals, but by those involved in health care management. Existing literature on organizational ethics provides insight into the various structures, processes and strategies - such as mission statement, ethics committees, ethical rounds … - that exist to create an organizational climate, which fosters ethical practices and decision-making It does not, however, show how health care managers experience (...) their job as being intrinsically ethical in itself. In the present article, we investigate the way in which ethical values are present in the lived experiences and daily practice of health care management. What does it imply to take up a managing position within a health care institution and to try to do this in an ethically inspired way? We carried out a qualitative study (Grounded Theory Approach) to explore the essence of values-based leadership in health care. We interviewed 15 people with extensive experience in health care management in the fields of elderly care, hospital care and mental health care in the various regions of Flanders, Belgium. Six predominant themes, presented as metaphors, illustrate the essence of values-based leadership in health care management. These are: (1) values-based health care management as managing a large garden, (2) as learning and using a foreign language, (3) going on a trekking with an ethical compass, (4) embodying integrity and authenticity in a credible encounter with everyone, (5) being a present and trustworthy leader during sun and storm, and (6) contributing to human flourishing by giving people wings to fly. Notwithstanding the importance of organizing a good ethics infrastructure, values-based leadership in health care entails much more than that. It is about the co-creation of an integrated and comprehensive ethical climate of which community-model thinking and authentic leadership are essential components. As a never-ending process, the six metaphors can help leaders to take substantive proactive steps to shape a fruitful ethical climate within their organization. (shrink)

This study investigates whether and to what extent publicly listed corporations voluntarily comply with and disclose recommended good corporate governance practices, and distinctively examines whether the observed cross-sectional differences in such CG disclosures can be explained by ownership and board mechanisms with specific focus on Saudi Arabia. The study’s results suggest that corporations with larger boards, a Big 4 auditor, higher government ownership, a CG committee, and higher institutional ownership disclose considerably more than those that are not. By contrast, the (...) study finds that an increase in block ownership significantly reduces CG disclosure. The study’s results are generally robust to a number of econometric models that control for different types of disclosure indices, firm-specific characteristics, and firm-level fixed effects. The study’s results have important implications for policy makers, practitioners, and regulatory authorities, especially those in developing countries across the globe. (shrink)

Woman‐centred care is a philosophy authentic to the midwifery profession, scaffolding and preceding the capacity and utility of woman‐centred care in daily practice. Through providing guidance on the philosophical capacities—the virtues—the practical capacity and utility of woman‐centred care becomes more clear and more tangible. This paper discusses the virtues of woman‐centred care in midwifery practice. Eighteen virtues, described by Comte‐Sponville, serve as a philosophical lens to explore and understand how each specific virtue integrates into the woman‐centred care concept or vice (...) versa, herewith becoming woman‐centred care virtuous acts. The virtues are politeness, fidelity, prudence, temperance, courage, justice, generosity, compassion, mercy, gratitude, humility, simplicity, tolerance, purity, gentleness, good faith, humour and love. Exploring these virtues provides a manageable view of the complexity of woman‐centred care. In this paper, first each virtue is discussed in relation to the body of knowledge of woman‐centred care in midwifery. Thereafter, a sketch of pragmatism is provided through translating the virtues into practical recommendations for the professional socialization and transformation of becoming, being and doing woman‐centred care. (shrink)

Through publicness we offer a reconceptualization of marginality in the city, one that makes apparent the “inherent porosity” of the boundaries that organize urban life (Harvey 2006, 19). Our analysis attends to moments of publicness during fieldwork spent in various spaces within the city of Ottawa, Ontario, with individuals who use drugs and/or panhandle. Much of this research took place in central neighborhoods of Ottawa, which serve as the public image of the nation’s capital: Lowertown to the East of Parliament (...) Hill, and Centretown to the South. These neighborhoods hold the largest concentration of national and historical monuments in the city. They also contain the largest concentration of public marginality, including a cluster of homeless shelters and harm reduction services. In this article we examine this paradox of urban marginality and the limits of exclusion for conceptualizing it. While marginal individuals are deemed invisible, unimportant, and apart from “normal” city life, they are present and visible, perhaps more visible than anyone else. Even from marginal positions individuals remain affective participants in the space of the city, and constitutive of the urban experience. (shrink)

The goal of this dissertation is two-fold. It is, first, to reconstruct Kant's argument against self-murder, and, second, to analyze the function of the principle of self-preservation of reason with regard to the prohibition of self-murder. I argue that self-murder is contrary to the principle of self-preservation of reason and violates the trustee-relationship between the homo phaenomenon and the homo noumenon. The analysis shows that moral self-preservation in Kant is a rational principle which serves to secure the possibility of moral (...) faith and self-perfection. ;In the first part of the dissertation, I provide a comprehensive analysis of Kant's argument against self-murder by examining all of the relevant statements in his works, the Nachlass, as well as the lectures recorded by Herder, Powalski, Collins, and Vigilantius. Since self-murder violates a perfect duty to oneself, key-topics of the analysis are: the dual status of the duty of self-preservation as both inner duty of right and duty of virtue, the right and end of humanity, as well as Kant's model of self-possession in terms of proprietas. The analysis makes clear that self-murder destroys the moral self and must be distinguished from sacrificing one's life in order to preserve one's moral integrity. ;In the second part of the dissertation, I interpret the duty of self-preservation and the prohibition of self-murder in the context of Kant's doctrine of the faith of reason and the principle of self-preservation of reason. I first provide an overview of the debate on self-preservation and its implications for an understanding of modern rationality and summarize the different meanings of -preservation in Kant. I then argue that the "principle of self-preservation of reason" consists in what Kant calls "the maxim of healthy reason" and that it grounds the faith and the unity of reason. Against the background of this analysis, I interpret the trustee-relationship between the homo phaenomenon and the homo noumenon as a model of moral self-obligation. Entrusting the homo phaenomenon to the homo noumenon, I contend, means to entrust life to practical reason and to subject oneself to the moral law. (shrink)

Background: The school is a key environment for establishing good health habits among pupils. School nurses play a prominent role in health promotion, since they meet with every single adolescent. Research aim: To describe care ethics in the context of school nurses’ health-promoting activities among adolescents in secondary schools. Research design: An explorative descriptive methodology in which semi-structured interviews were used to collect data and content analysis was performed. Participants and research context: Data were collected from eight school nurses in (...) a municipality in Western Sweden. Ethical considerations: This study was conducted according to the ethical principles of the Swedish Research Council (2011), and the written informed consent of the participants was obtained. Findings/discussion: A caring relation, based on care ethics, is the basis for successful health-promoting activities among adolescents. The school nurses show strong engagement in and commitment to caring for and caring about adolescents by being attentive and listening to their expressed feelings and needs, both spoken and unspoken. Furthermore, the school nurses have a deep sense of responsibility in supporting and empowering adolescents to trust their own capabilities. To enhance health and well-being, school nurses emphasize low-threshold counselling, flexibility, openness, early intervention and continuity, as well as good collaboration with the health team at school and with parents. Conclusion: Strengthening person-centred healthcare can provide adolescents with the recognition and support they need to grow into healthy adults. For successful health promotion, all aspects of the ethics of care should be considered as part of an integrated whole based on the integrity of care. (shrink)

In this paper, we explore the concept of virtue in nursing care. We particularly examine the description of ‘virtue’ offered by Aristotle, who considers it the mental constitution that forms the basis for laudable social behaviour. We then turn to Katie Eriksson's work on caritative caring ethics and draw parallels between the Aristotelian concept of virtue and being a good nurse. Eriksson suggests that embracing an ethos, a set of basic values, affects nurses’ attitudes as well as the way they (...) speak and take on their responsibility for the patient. We discuss these ideas in relation to a tentative ideal model of the movement from ethos to action to understand and address nurses’ ethical thinking and acting. Here, we focus on the catalytic role of virtue as a means for realizing a deliberate, intentional acting with the best of the patient in mind. As an outcome of our analysis, we suggest that the movement of virtue from ethos to action is most usefully conceptualized as knowledge about facts, habits of the heart, deeds of the hand and the power of words. Implications for nursing leadership are suggested, including incorporating organizational values through the means of ethical conversations. (shrink)

Does a human right to healthcare imply individual obligations to healthy behavior? Or put another way: Is a self-induced condition a relevant criterion for some sort of restriction of this right—like withholding or modifying treatment in circumstances where choices have to be made? For instance, should a drunk driver bear the costs of medical care that he needs after a car accident he has caused? Should there be a difference in healthcare entitlements between the smoker with a heart attack who (...) is seriously overweight and the 60-year old man who has always taken excellent care of himself and is suddenly stricken by leukemia? And how should we think about the risk-taking behavior of all the persons going on a skiing holiday or an exotic hiking trip? a. (shrink)

Reply to commentators: Symposium on the winner of the 2019 NASSP Book Award Prize: Yvonne Chiu, *Conspiring with the Enemy: The Ethic of Cooperation in Warfare* (Columbia University Press, 2019).

In this conceptual research, the authors develop an integrative theoretical framework for the relationship between mindfulness and transformational leadership. The model is based on the core aspect of transformational leadership, creating trusting relationships with followers. Core components of the model are self- and social awareness, emotional intelligence, and leadership related competencies such as decision-making, and trust. Direct and indirect relationships between mindfulness and transformational leadership are included in the model. The literature supporting the proposed linkages is presented and discussed and (...) propositions for specific linkages are offered. The paper concludes with the presentation of an exploratory study of the direct relationship between mindfulness and transformational leadership practices. The results support such a relationship. (shrink)

Ontological naturalism is the view that our best construal of what there is, is what science says there is. This paper argues that while such a doctrine is very appealing, unfortunately, determining what there is, is neither as simple, nor as straightforward, as ontological naturalism would have it seem. Determining what there is, it is claimed, involves three steps. First, one must decide which part of scientific discourse should be taken as true. One must then regiment that part of scientific (...) discourse, and finally, one has to apply a criterion for ontological commitment to that regimented discourse. This paper will concentrate on the first and third of these tasks. It is argued that resolving the tasks these steps put before us requires the employment of philosophical maneuvers, that is, maneuvers that neither originate within, nor are ratified by, the practice of science. But these are maneuvers that the ontological naturalist is not entitled to. Thus, ontological naturalism is not a feasible doctrine. (shrink)

Women generally initiate, lead, and constitute the rank and file of environmental justice activism. However, there is little research on why there are comparatively so few men involved in these movements. Using the environmental justice movement in the Central Appalachian coalfields as a case study, we examine the ways that environmental justice activism is gendered, with a focus on how women’s and men’s identities both shape and constrain their involvement in gendered ways. The analysis relies on 20 interviews with women (...) and men grassroots activists working for environmental justice in the coalfields of Appalachia. We find that women draw on their identities as “mothers” and “Appalachians” to justify their activism, while the hegemonic masculinity of the region, which is tied to the coal industry, has the opposite effect on men, deterring their movement involvement. We explore the implications of these findings for understanding the relationship of gender to environmental justice activism. (shrink)

Continental Philosophy of Social Science demonstrates the unique and autonomous nature of the continental approach to social science and contrasts it with the Anglo-American tradition. Yvonne Sherratt argues for the importance of an historical understanding of the Continental tradition in order to appreciate its individual, humanist character. Examining the key traditions of hermeneutic, genealogy, and critical theory, and the texts of major thinkers such as Gadamer, Ricoeur, Derrida, Nietzsche, Foucault, the Early Frankfurt School and Habermas, she also contextualizes contemporary (...) developments within strands of thought stemming back to Ancient Greece and Rome. Sherratt shows how these modes of thinking developed through medieval Christian thought into the Enlightenment and Romantic eras, before becoming mainstays of twentieth-century disciplines. Continental Philosophy of Social Science will serve as the essential textbook for courses in philosophy or social sciences. (shrink)

The Belgian Act on Euthanasia came into force on 23 September 2002, making Belgium the second country—after the Netherlands—to decriminalize euthanasia under certain due-care conditions. Since then, Belgian nurses have been increasingly involved in euthanasia care. In this paper, we report a qualitative study based on in-depth interviews with 18 nurses from Flanders (the Dutch-speaking part of Belgium) who have had experience in caring for patients requesting euthanasia since May 2002 (the approval of the Act). We found that the care (...) process for patients requesting euthanasia is a complex and dynamic process, consisting of several stages, starting from the period preceding the euthanasia request and ending with the aftercare stage. When asked after the way in which they experience their involvement in the euthanasia care process, all nurses described it as a grave and difficult process, not only on an organizational and practical level, but also on an emotional level. “Intense” is the dominant feeling experienced by nurses. This is compounded by the presence of other feelings such as great concern and responsibility on the one hand, being content in truly helping the patient to die serenely, and doing everything in one’s power to contribute to this; but also feeling unreal and ambivalent on the other hand, because death is arranged. Nurses feel a discrepancy, because although it is a nice death, which happens in dignity and with respect, it is also an unnatural death. The clinical ethical implications of these findings are discussed. (shrink)

Spätestens am Beginn der 80er Jahre dieses Jahrhunderts entstand in den Geistes-und Sozialwissenschaften eine Renaissance des Ästhetischen, die bis heute andauert. Der Ästhetik wird, besonders unter dem Eindruck von Sinn­ verlust und Orientierungslosigkeit, eine besondere Leistungsfähigkeit zuge­ schrieben. Sie wird, beginnend bei speziellen Kunst-und Musiktherapien bis hin zur "Ästhetisierung des Alltags" als Mittel gegen gesellschaftliche und individuelle Probleme, seien es Jungendgewalt, Naturzerstörung, kulturelle Integration, Beziehungsschwierigkeiten oder Neurosen angeboten. Diese Beispiele stehen für ein Phänomen, welches in diesem Buch mit der Wen­ (...) dung "Versprechungen des Ästhetischen" gekennzeichnet wird. Diese Ver­ sprechungen werden heute in vielen gesellschaftlichen Bereichen als Innova­ tion offeriert und gefeiert, so daß der Eindruck vermittelt wird, daß das Medium des Ästhetischen zu keinem früheren historischen Zeitpunkt für sol­ che ethischen Absichten zur Verfügung gestanden habe. Dieser Eindruck ist indessen völlig falsch. Um zu zeigen, daß diese "Versprechungen des Ästhetischen" viel älter sind, ja daß diese Verspre­ chungen einen Toposcharakter haben, der besonders in gesellschaftlichen Krisenlagen eingesetzt wird, rekonstruiert Yvonne Ehrenspeck die Geschich­ te dieser Versprechungen seit dem Beginn ihrer modernen Version am Ende des 18. Jahrhunderts. Dieser Beginn lag in der Transzendentalphilosophischen Grundlegung des Ästhetischen bei Kant, eine Konzeption, die keineswegs, wie besonders in der "postmodernen" Ästhetikrezeption gern behauptet, als gesellschaftli­ ches Versprechen intendiert war, sondern als systematisches Schlußstück für die Transzendentalphilosophie Kants. Das Buch zeigt, wie dieses systemati­ sche Interesse Kants durch Schillers Ästhetik gewissermaßen zweckentfrem­ det wird. (shrink)

Objectives: Initially, we analyzed relations between the challenging working conditions of flight attendants with symptoms of depression, anxiety and stress. As the COVID-19 pandemic plunged airlines into an unprecedented crisis, its impact on the mental health of flying cabin crews became the focus of a second survey.Methods: Flight attendants were surveyed online with DASS-21 in May 2019 and April 2020, complemented with questions about working conditions and existential fears and fear of job loss.Results: Sample 1 revealed that symptoms of depression, (...) anxiety and stress highly correlated with the subjective assessment of working conditions, but not with objectifiable parameters. Sample 2 showed significant positive correlations between existential fears and fear of job loss with depression, anxiety and stress. Crew members, grounded in April 2020, showed significantly higher scores in depression and stress, while still flying individuals had more clinically relevant symptoms of anxiety. Mean value comparisons between sample 1 and 2 in DASS-21 revealed a significant increase in symptoms at the time of crisis with effect sizes of d = 0.63 for depression, d = 0.26 for anxiety, and d = 0.52 for stress. The incidence of clinically relevant symptoms among the respondents increased from 8 to 23%, from 6 to 14%, and from 8 to 24%.Conclusion: The COVID-19 pandemic and associated work restrictions coincide with severe impairment of mental health of flying cabin crews, consistent with a mental health protecting function of labor. (shrink)

Social distancing has entered our bodies and changed our behaviour. The fight against COVID-19 leaves people with a different feeling of what it means to be together in the flesh. In this article, I will tackle the tension between virtualization of communication, social distancing and the basic human need for bodily contact. Sigmund Freud used the term ‘oceanic feeling’ to express human yearning for becoming one with others and the sense of fluidity of the self. This concept goes beyond basic (...) intercorporeality. It represents experiences in meditation and cultural practices of immersion. Both the maximum intensity of intercorporeal behaviour and the dissolution of the bodily boundaries belong to this experience. The literature in the pandemic covers mainly new rituals and bodily practices of distance but there is not much reflection on what has gone missing and its relation to current and future cultural practices. In this article, I will discuss hedonist embodied rituals like dance, eating and celebrating in public as vital parts of human cultures. Being abolished as contagious sites of infection, their return to the social sphere is, now more than ever, viewed as problematic and potentially subversive in the face of an atmosphere of anxiety. My aim is to argue against cultural tendencies of social control and the emphasis of disembodied virtual forms of togetherness in favour of a posthuman hedonist culture incorporating new technologies and old rituals. (shrink)

Presents an interview with the creator of "Star Trek," detailing his memories of the television show and their characters, and revealing his philosophical views.

Le titre de ce livre surprend. Le mot Luxure, privé d’article, est-ce un nom propre? Celui d’un personnage? D’un concept? Et le sous-titre promet « une histoire », non pas entre telle et telle dates, mais « entre péché et jouissance », c’est-à-dire hors du temps. L’introduction ouvre bien une perspective chronologique, mais de manière très originale : elle présente trois documents qui d’une part illustrent la complexité psychologique, philosophique, métaphysique, du sujet, d’autre part ann...

Le 21 octobre dernier, députés et sénateurs ont trouvé un accord sur le texte contre la maltraitance animale. Le 16 novembre, l’Assemblée Nationale l’a adopté définitivement, et de manière quasi-unanime. Le Sénat a fait de même le 18 novembre. Le co-auteur de cette proposition de loi, Loïc Dombreval, a tweeté à cette occasion : « Nous venons de trouver un accord inespéré sur un texte historique en faveur de la cause animale en France. Interdiction des animaux sauvages dans les cirques, (...) dans l... (shrink)

Background: Clinical education is an essential part of the Bachelor’s program in Nursing and a keystone of professional nursing education. Through clinical experiences, the student nurses acquire nursing knowledge and essential skills for professional practice. The preceptor plays a vital role in the development of student nurses becoming professional nurses. Aim: The aim of this Nordic qualitative study was to explore the experiences of good preceptorship in relation to undergraduate student nurses in clinical education from the perspective of the preceptors (...) themselves. Method: Data were collected by narrative interviews with 27 preceptors in Finland and Sweden and analyzed using a hermeneutical approach. Findings: A caring relationship, based on caring ethics, is seen as the foundation for learning and development. Moreover, a mutual respect is a prerequisite for fellowship and a good atmosphere. As such, encounters are characterized by reciprocity and mutuality. The preceptors have a deep sense of responsibility toward the students and the profession. Furthermore, the preceptors have an inner responsibility to guide the students into working life and to share their knowledge by acting as role models. Conclusion: The findings suggest that preceptorship should be examined through new lenses. Moreover, preceptorship is an ethical issue that should be recognized by all stakeholders. (shrink)

This study focuses on the cultural context of ethical decision making by considering the relationship between power distance and ethical judgment. Specifically, we propose that this relationship exists because of the influence of peers on ethical judgment and perceptions of justice. Considering the importance of peers in stage three of Kohlberg's model of moral development, we argue that peers are the basis for social comparisons, social cues and social identification and, hence, are critical to an individual's beliefs about justice. Using (...) scenarios developed by Reidenbach and Robin, data were collected from German and Italian graduate business students. Germany and Italy differ substantially in power distance, but not in the three other cultural dimensions of Hofstede. Results show that the ethical assessment of the respondents from the two countries differs when justice criteria are used. Theoretical and practical implications of the results are discussed. (shrink)

To augment the consumption of the ever growing production of processed foods, food companies are specifically targeting children with their advertisements. Advertising has even infiltrated the educational system in the form of corporate sponsored “educational materials.” This paper discusses the effects such aggressive forms of advertising have on the development of personal autonomy, or self-governance. I argue that the bad reasoning skills such advertisements promote undermine the development of the very abilities children need to become adults capable of making rational (...) choices. A detailed look at several types of food advertisements aimed at children supports this claim. (shrink)

*North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...) developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)

_ Source: _Volume 35, Issue 1, pp 95 - 118 In De veritate, sacrifice is appealed to as a universal rite and the ultimate guarantee of immutable truth, beyond reasonable deduction or natural instinct. But sacrifice also stands as the ultimate example of the abrogation and alteration of law. As an example of the abrogation of law, sacrifice signifies in both directions. The case of Abraham demonstrates God’s sovereign power of dispensatio. Divine right to radical revision is demonstrated in the (...) command to sacrifice. But more generally it is the suspension of the command to sacrifice that stands as the ultimate sign of sovereign right not just to annotate but to radically rewrite the law. In this paper I explore how sacrifice operates as a guarantee of immutability and mutability: the intractability of scripture, and its equally necessary revision and alteration. Sacrifice reaches across all time and space, and stands as a sign of the parochialisation of biblical time and space. This tension relates to the principle of accommodation which, I argue, is already in operation in the Bible. By extrapolating this fundamentally biblical operation, Grotius produces a paradox that will help to sustain the Bible in modernity. The Bible is localised and parochialised but also persists as a ‘universal’ foundation. (shrink)

In 2009, with the enactment of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union entered into force. Under Article 8 of the Charter, for the first time, a stand-alone fundamental right to data protection was declared. The creation of this right, standing as a distinct right to the right to privacy, is undoubtedly significant, and it is unique to the European legal order, being absent from other international human rights instruments. This commentary examines the parameters of (...) this new right to data protection, asking what are the principles underpinning the right. It argues that the right reflects some key values inherent in the European legal order, namely: privacy, transparency, autonomy and nondiscrimination. It also analyses some of the challenges in implementing this right in an era of ubiquitous veillance practices and Big Data. (shrink)

Many philosophers regard scientific practice as the final arbiter in ontology. In this short paper, I argue that the very philosophers who profess to derive their ontological commitments from scientific practice impose certain views on the theories established by that practice that the practice itself does not support. This is not consistent with their view that science tells us what there is.

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Public-health measures are very effective and efficient means of improving health, yet public health is either neglected by the literature or fraught with unease, mainly due to the combination of the aggregate-distributive tension with the element of compulsion.The author argues that this unease can be decreased by 1) a pluralist-holistic view of health, situating the normative value of health in its effect on well-being, incorporating both the objective and subjective source of the value of health; and 2) by a rich (...) concept of reciprocity.This article supports Martha Nussbaum’s critique of social-contract thinking for placing too much weight on the scale of normal functioning and productive reciprocity, as well as Sen’s distinction between well-being and agency freedom.To reach an adequate understanding of the value and goal of public health within the general setting of health care, a pluralist conception of health, well-being and reciprocity is necessary. (shrink)