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.

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)

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)

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)

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.

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Terrence Malick’s The Thin Red Line is an anti-war film which can be read as an Orphic narrative meditating on the relationship between humans and “nature.” Many scholarly readings of the film have been attracted by analyzes that explore the influences of Cavell and Heidegger on Malick. Kaja Silverman’s recent opus, Flesh of My Flesh, contains a chapter titled “All Things Shining.” She elegantly examines how Malick’s film explores the theme of “finitude.” She argues that, ontologically speaking, human existence (...) gains a more intense “glow” when humans are made aware of their mortality. The present becomes paramount. But like Orpheus, the present seeks to make amends with the past. Taking Silverman’s analysis one step further involves exploring finitude through the film’s many animal, arboreal and geological images. Nature can be read as a “margin” that more fully enhances the film’s exploration of connection and finitude. To this end, the opening chapter of Jacques Derrida’s Margins of Philosophy is invaluable. Entitled “Tympan,” Derrida’s introductory essay introduces a wealth of ecological metaphors. These stimulate an interaction between Silverman’s model of finitude, Derrida’s surprising ecologies at the margin and Malick’s quest for what shines in all beings. (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)

Like Joan Didion's The Year of Magical Thinking, an extraordinarily moving and engaging look at loss and death. Eve Joseph is an award-winning poet who worked for twenty years as a palliative care counselor in a hospice. When she was a young girl, she lost a much older brother, and her experience as a grown woman helping others face death, dying, and grief opens the path for her to recollect and understand his loss in a way she could not as (...) a child. In the Slender Margin is an insider's look at an experience that awaits us all, and that is at once deeply fascinating, frightening, and in modern society shunned. The book is an intimate invitation to consider death and our response to it without fear or morbidity, but rather with wonder and a curious mind. Writing with a poet's precise language and in short meditative chapters leavened with insight, warmth, and occasional humor, Joseph cites her hospice experience as well as the writings of others across generations--from the realms of mythology, psychology, science, religion, history, and literature--to illuminate the many facets of dying and death. Offering examples from cultural traditions, practices, and beliefs from around the world, her book is at once an exploration of the unknowable and a very humane journey through the land of grief. (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)

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)

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)

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)

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)

I discuss Charles Griswold’s Forgiveness, arguing that he classifies as marginal many cases that we normally count as forgiveness. Moreover the phenomenon that he calls “forgiveness at its best” may include some awful aspects of human nature. Nevertheless, there are central and important aspects of the concept that are captured by his discussion.

This study explored drug users’ attitudes toward and understanding of randomized controlled trials testing addiction therapies. A video portraying a fictional consent conference for a randomized controlled trial with placebo arm was shown to poor male and female drug users of diverse ethnic status and sexual orientation. The video stimulated focus group discussion in which participants’ comments often reflected “experimental realism”—a realistic view of the trial—and adequate understanding of the uncertain efficacy of the treatment being tested, as well as the (...) concepts of randomization and placebo control. However, participants’ comprehension of the nature of placebos was compromised by the widespread view that placebos are a way of testing a subject’s willpower and personal control over his or her addiction. Comments also showed a mistrust of the video investigator’s integrity and competence and signs of therapeutic misconception and misestimation. The study’s findings underscore the importance of tailoring informed consent encounters to the personal and sociohistorical context of participants’ lived experiences. (shrink)

In this paper I argue that there is no moral justification for the conviction that rights should be reserved to humans. In particular, I reject James Griffin’s view on the moral relevance of the cultural dimension of humanity. Drawing from the original notion of individual right introduced in the Middle Ages and the development of this notion in the eighteenth century, I emphasise that the practice of according rights is justified by the interest in safeguarding the powers of reason (...) and autonomy that some individuals can exercise. Since we are in no position to rule out that non-humans can exercise these capacities, I conclude that rights should not be reserved to humans. This will lead to a reformulation of the reasons why so-called ‘marginal’ humans and non-human animals can be granted some basic rights. Being human is neither necessary nor sufficient for holding rights. All individuals, human or non-human, who can exercise reason and autonomy to some extent can be accorded basic rights in virtue of their having morally relevant preferences. (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)

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)

Human infection challenge studies (HCS) have been proposed as a means to accelerate SARS-CoV2 vaccine development and thereby help to mitigate a prolonged global public health crisis. A key criterion for the ethical acceptability of SARS-CoV2 HCS is that potential benefits outweigh risks. Although the assessment of risks and benefits is meant to be a standard part of research ethics review, systematic comparisons are particularly important in the context of SARS-CoV2 HCS in light of the significant potential benefits and harms (...) at stake as well as the need to preserve public trust in research and vaccines. In this paper we explore several considerations that should inform systematic assessment of SARS-CoV-2 HCS. First, we detail key potential benefits of SARS-CoV-2 HCS including, but not limited to, those related to the acceleration of vaccine development. Second, we identify where modelling is needed to inform risk-benefit (and thus ethical) assessments. Modelling will be particularly useful in (i) comparing potential benefits and risks of HCS with those of vaccine field trials under different epidemiological conditions and (ii) estimating marginal risks to HCS participants in light of the background probabilities of infection in their local community. We highlight interactions between public health policy and research priorities, including situations in which research ethics assessments may need to strike a balance between competing considerations. (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)

The digital humanities represent, for many researchers, the potential for extending their research in terms of audience, scope, methods, and opportunity for interdisciplinary collaboration. Ideally, this potential should also extend access to cultural engagement and preservation for marginalized groups. In practice, the reality may be quite different for projects that focus on diverse racial, gender, ethnic, and cultural heritage. In this short article we discuss preliminary findings from a study of patterns in U.S. federal funding for digital humanities projects, with (...) particular focus on cultural heritage and archival projects. Through the lens of funding and access, we raise some questions about whether the digital humanities can represent a shift from old hegemonies or run the risk of expressing them in a new technological paradigm. (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)

Jacobson finds two distinct meanings of “dignity” in the literature on dignity and health: intrinsic human dignity and social dignity constituted through interactions with caregivers. Especially the latter has been central in empirical health research and warrants further exploration. This article focuses on the social dignity of people marginalized by mental illness, substance abuse and comparable conditions in extramural settings. 35 studies published between 2007 and 2017 have addressed this issue, most of them identifying norms for social dignity: civilized interactions, (...) non-stigmatizing treatment, treatment as unique individuals, being taken seriously, maintaining a positive identity, experiencing independence, relating to others, and participating in daily life. We argue that these norms belong to ideal theory, whereas we agree with Robeyns and others that improving practice is better served by non-ideal theory. Towards this end, we derive from the literature four building blocks for a non-ideal theory of dignity: avoid violations of dignity rather than seeking to promote it; dignity is not a goal to be reached; it requires ongoing effort; promoting dignity is a balancing act; contradictory norms can make it impossible to realize; and dignity can be undermined by organizational and discursive constraints. (shrink)