Collective Liability in Islam: The ʿĀqila and Blood-Money Payments. By Nurit Tsafrir. Cambridge: Cambridge University Press, 2020. Pp. xviii + 167. $99.99.

ABSTRACTThis paper assesses one type of justification for collective liability – the democratic authorization account – according to which citizens can be held liable for what their state does, because they collectively authorize the state’s actions. I argue that the democratic authorization view, properly understood, has an implausibly narrow scope, which risks leaving many victims of injustice without compensation. Hence, I propose a subsidiary account that is wider in scope, and which applies to most cases of state-inflicted harm. (...) This view picks out liable agents on the basis of their ability to bear the compensatory burdens, the incentives that the prospect of liability give citizens to hold their states in check, and distributive concerns. Lastly, I address the relationship between citizens who are collectively liable for some harm, and citizens who are to some extent morally responsible. (shrink)

There is much to admire in Michael Walzer’s discussion of terrorism and just war. I particularly applaud his insistence that liability to attack is a matter of action rather than membership or collective identity. “It is,” he writes, “the extension of violence or the threat..

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

Jeff McMahan has argued against the moral equivalence of combatants (MEC) by developing a liability-based account of killing in warfare. On this account, a combatant is morally liable to be killed only if doing so is an effective means of reducing or eliminating an unjust threat to which that combatant is contributing. Since combatants fighting for a just cause generally do not contribute to unjust threats, they are not morally liable to be killed; thus MEC is mistaken. The problem, (...) however, is that many unjust combatants contribute very little to the war in which they participate—often no more than the typical civilian. Thus either the typical civilian is morally liable to be killed, or many unjust combatants are not morally liable to be killed. That is, the liability based account seems to force us to choose between a version of pacifism, and total war. Seth Lazar has called this “The Responsibility Dilemma”. But I will argue that we can salvage a liability-based account of war—one which rejects MEC—by grounding the moral liability of unjust combatants not only in their individual contributions but also in their complicit participation in that war. On this view, all enlistees, regardless of the degree to which they contribute to an unjust war, are complicitously liable to be killed if it is necessary to avert an unjust threat posed by their side. This collectivized liability based account I develop avoids the Responsibility Dilemma unlike individualized liability-based accounts of the sort developed by McMahan. (shrink)

The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, (...) class='Hi'>liability for imposing risk and the like. The book combines the traditional doctrinal depiction of the law with general theoretical insights that include economic analysis. (shrink)

This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of liability (...) and responsibility in contracts, torts and punishment. The collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account recent developments in economics, political science and rational choice theory. This thought-provoking volume will help to shed light on the underexplored ground that lies between law and morals. (shrink)

This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of liability (...) and responsibility in contracts, torts and punishment. The collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account recent developments in economics, political science and rational choice theory. This thought-provoking volume will help to shed light on the underexplored ground that lies between law and morals. (shrink)

One of the most striking features of Athenian laws regulating commercial activities is the absence of any concept akin to the modern legal notion of the partnership or corporation. Despite the presence in Athenian society of numerous koinoniai, groups of individuals cooperating for some purpose, be it commercial or otherwise, Athenian law concerned itself solely with individual persons and did not recognize the separate legal existence of collective entities. And just as Athenian law did not recognize the legal existence (...) of partnerships or corporations, it also did not possess the notion of corporate liability. This meant that if someone entered into an agreement with a group of individuals and one of those individuals violated the terms of the agreement, the plaintiff proceeded only against the individual who acted contrary to the agreement, not against the group as a whole. If the plaintiff won his suit, he only had a right to receive compensation from the defendant's private property; he did not have a claim on all the funds held in common by the group. (shrink)

Repositories of tissues, cell lines, blood samples, and other biological specimens are crucial to genomics, proteomics, and other emerging forms of biomedical research. Creation of these repositories by individual researchers and their affiliated organizations, commercial entities, and even governments has been labeled “biobanking” in the bioethics literature. Biobanking as a metaphor for the collection, transfer, and use of these specimens suggests a framework for the legal response to conflicts that may arise - one embedded in principles of contract law and (...) property ownership with an overlay of legislatively authorized regulation of the “industry.”. (shrink)

This book is a collection of original essays offering the first full-length consideration of the problem of strict liability in the criminal law: that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault. Because of its potential to convict blameless persons, strict liability is a highly controversial phenomenon in the criminal law. Including Anglo-American and European perspectives, the contributions provide a sustained and wide-ranging examination of the fundamental issues. The breadth (...) and depth of the chapters combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law. (shrink)

The American tort system regularly conducts a sort of lottery in which plaintiffs try to name as many defendants in a tort action as they can in order to collect a large judgment from at least one of them. This procedure is encouraged under strict joint and several liability, which permits plaintiffs to recover greater damages from defendants - usually businesses - with less moral culpability for the tort than poorer defendants, who bear greater culpability. In a case involving (...) the Disney Corporation and a negligent amusement park rider, for instance, Disney was forced to pay 86% of the court award to the plaintiff, even though the jury found the company to be only 1% liable for the injury. The legal principle of joint and several liability violates morality in several different ways. Even though the principle appears to be better in the short run for plaintiffs, I will show that it fails not only to satisfy utilitarianism, but compensatory justice as well. Hence, the legal principle of joint and several liability should be eliminated in favor of a better, fairer law, which I will briefly sketch at the end. (shrink)

Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons. This Article examines the accidental infringement problem from a new perspective. It considers (...) whether it is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine. (shrink)

Humans have been using fire for hundreds of millennia, creating an ancestral expansion toward the nocturnal niche. The new adaptive challenges faced at night were recurrent enough to amplify existing psychological variation in our species. Night-time is dangerous and mysterious, so it selects for individuals with higher tendencies for paranoia, risk-taking, and sociability. During night-time, individuals are generally tired and show decreased self-control and increased impulsive behaviors. The lower visibility during night-time favors the partial concealment of identity and opens more (...) opportunities for disinhibition of self-interested behaviors. Indeed, individuals with an evening-oriented chronotype are more paranoid, risk-taking, extraverted, impulsive, promiscuous, and have higher antisocial personality traits. However, under some circumstances, such as respiratory pandemics, the psychobehavioral traits favored by the nocturnal niche might be counter-productive, increasing contagion rates of a disease that can evade the behavioral immune system because its disease cues are often nonexistent or mild. The eveningness epidemiological liability hypothesis presented here suggests that during the COVID-19 pandemic, the evening-oriented psychobehavioral profile can have collectively harmful consequences: there is a clash of core tendencies between the nocturnal chronotype and the recent viral transmission-mitigating safety guidelines and rules. The pandemic safety protocols disrupt much normal social activity, particularly at night when making new social contacts is desired. The SARS-CoV-2 virus is contagious even in presymptomatic and asymptomatic individuals, which enables it to mostly evade our evolved contagious disease avoidance mechanisms. A growing body of research has indirectly shown that individual traits interfering with social distancing and anti-contagion measures are related to those of the nocturnal chronotype. Indeed, some of the social contexts that have been identified as superspreading events occur at night, such as in restaurants, bars, and nightclubs. Furthermore, nocturnal environmental conditions favor the survival of the SARS-CoV-2 virus much longer than daytime conditions. We compare the eveningness epidemiological liability hypothesis with other factors related to non-compliance with pandemic safety protocols, namely sex, age, and life history. Although there is not yet a direct link between the nocturnal chronotype and non-compliance with pandemic safety protocols, security measures and future empirical research should take this crucial evolutionary mismatch and adaptive metaproblem into account, and focus on how to avoid nocturnal individuals becoming superspreaders, offering secure alternatives for nocturnal social activities. (shrink)

Should we in the moral community accept the modern business corporation as one of us? French answers 'yes'. In this book, French investigates the metaphysical foundations of the application of our established moral principles to corporations as moral persons.

George Fletcher emerges in his writing, as in his life, as a colorful and highly individual figure. The last thing one expects of him is the surrender of individual identity to an anonymous submersion in the collective. Yet doctrinally he is a collectivist. In his recent writings, he has been seeking to collectivize just about everything: action, responsibility, guilt, liability, self-defense, criminal punishment, international criminal law, action in war, war crimes, and so on.

This paper explores the role of ideology in attempts to influence public policy and in business representation in the EU–China solar panel anti-dumping dispute. It exposes the dynamics of international activity by emerging-economy multinationals, in this case from China, and their interactions in a developed-country context. Theoretically, the study also sheds light on the recent notion of ‘liability of origin’, in addition to the traditional concept of ‘liability of foreignness’ explored in international business research, in relation to firms’ (...) market and political strategies and their institutional embeddedness in home and host countries. Through a qualitative analysis of primary and secondary materials and interview data with key protagonists, we provide a detailed evolution of the case, the key actors involved and their positions, arguments and strategies. This illustrates the complexities involved in the interaction between markets and ideologies in the midst of debates regarding different forms of subsidy regimes for renewable energy, free trade versus protectionist tendencies by governments, and the economic and sustainability objectives of firms and societies. The case shows how relative newcomers to the EU market responded to overcome a direct threat to their business and became, with support from their home government, active participants in the public debate through interactions with local commercial partners and non-governmental organisations. Firms adopted relatively sophisticated strategies to reduce their liabilities vis-à-vis host-country institutions and local stakeholders, including collective action, to increase their legitimacy and reputation, and counter ideologically based attacks. We also discuss implications and limitations. (shrink)

This paper examines a recurrent debate about the rationale of contractual liability: whether the central object of contract law is to facilitate human interaction by respecting individual choices, or if it is in large part to redistribute wealth, power, and advantages generally. The debate between defenders of freedom of contract and those who would use contract law to advance schemes of redistribution is connected to the long-standing issues between natural-law theories and legal positivism. This paper is divided into two (...) main sections. In the first, the notion of individual autonomy is examined in light of the classical view, most recently advanced by Fried, that the rationale for enforcing contracts is connected to the respect for individual autonomy as such. There is also an examination of the notion of a collective concern, and what it is, from a libertarian point of view, that makes some social goals objectionably collective. The second part of the paper argues that the use of collective resources for the enforcement of contracts brings with it the authority to limit and shape enforcement in the interest of redistribution. (shrink)

A highly controversial issue in criminal law theory has been the use of strict liability offenses, i.e., offenses which create liability ‘without fault.’ The collection of strict liability offenses is varied according to the element of the particular offense with respect to which liability is strict. For example, a statute prohibiting the filing of a false financial statement with the Secretary of State might impose liability despite a reasonable error as to the truth of the (...) statement, or as to the financial nature of the statement, or as to the identity of the official in question. What all strict liability offenses have in common is the imposition of liability despite the possibility of reasonable mistake or due care regarding some important element of the offense. Generally, then, a strict liability offense is one to which a claim of no-negligence is not a defense. Indeed, such a claim will not even be heard. All that the prosecution need prove is the voluntary commission of the proscribed acts by the defendant; no other question concerning the defendant's efforts or opportunity to obey the law is relevant to liability or conviction. (shrink)

This article concerns the conflict between copyright and museums’ digitisation and online sharing of collections. This issue has recently become particularly important in connection with the COVID-19 pandemic. The authors outline the concept of a virtual museum and present the most important copyright provisions in EU law that may create obstacles for cultural institutions in realising virtual counterparts. To perceive copyright as the main obstacle in the process of digitisation and online sharing of collections is not unusual. Hence, the article (...) briefly presents legal framework of the European copyright applicable to such situations. The authors argue that although copyright offers a range of possibilities for museums interested in digitising their collections, at the same time it is responsible for a _chilling effect_, resulting in fear of potential infringement and liability. The authors conclude that the EU’s development of new legislation, coinciding with the need for digitisation and online sharing of cultural heritage caused by the pandemic, has favoured public interest at the expense of creators’ rights, but still lacks satisfactory legal tools for effectively allowing cultural institutions to digitise and share their collections. (shrink)

Although vicarious liability for the acts of co-conspirators is firmly entrenched in federal courts, no adequate theory explains how the act and intention of one conspirator can be attributed to another, simply by virtue of their criminal agreement. This Article argues that the most promising avenue for solving the Pinkerton paradox is an appeal to the collective intention of the conspiratorial group to commit the crime. Unfortunately, misplaced skepticism about the notion of a group will has prevented criminal (...) scholars from embracing the notion of a conspiracy's collective intention to commit a crime. However, positing group intentions requires only that the criminal law recognize the rational relationships between individuals who decide to collectivize reason to pursue a common criminal goal; no burdensome theory of corporate animals with unified minds is required. After exploring the different rational structures that a conspiracy can have, the Article outlines the circumstances when vicarious liability could be justified. Specifically, liability must be limited to participants in tightly knit conspiracies who engage in the kind of common deliberation that is capable of yielding collective intentions. A further consequence of this theory is that liability must be restricted to acts that fall within the scope of the criminal plan, not just acts that should have been reasonably foreseeable to members of the conspiracy. (shrink)

This article examines the possible basis for legal liability of researchers who use the Internet in the collection of research data. In particular, it examines the potential legal issues associated with the protocols of ethnographers who use listserv, discussion board, blog, chat room and other sorts of web or Internet-based postings as the source of their data. The author assumes that the forum for participation is legitimate, in that the list, board, blog, chat, etc. is not created or otherwise (...) concocted by the researcher, but involves situations akin to off-line practices where a researcher would be listening to the conversation or watching the behavior of subjects in a public place. Since these practices do not involve direct interview or interaction with or treatment of "human subjects", much of the precedent involving negligence, informed consent, and related issues is not relevant; however, it is reviewed initially for guidance in suggesting the applicable, legal standards of conduct. This article does not discuss the use of the Internet as a collection device, e.g., in online surveys. Issues of legal harm arising from claims in negligence, privacy, and defamation for subsequent disseimination of such postings are evaluated. Although it is concluded that the likelihood for a success of such claims is small, analysis will include steps that researchers can take to ensure that such risk remains negligible. (shrink)

This chapter provides a defense of a type of occupational pension, known as “collective defined contribution”, which is based on the idea that it is possible to limit the employer’s liability to nothing more than a set contribution while retaining many of the benefits of the collectivization of risks of a traditional defined benefit pension. CDC can be defended against a freedom-based objection from the right via an appeal to the following Hobbesian voluntarist justification: CDC constitutes a “Leviathan (...) of Leviathans” into which it is rational for workers to choose to associate in order to tame longevity and investment risks. CDC pensions that arise from and mirror existing income inequalities can also be defended against an egalitarian objection from the left, by demonstration that they can be grounded in Rawlsian principles of reciprocity and property-owning democracy. (shrink)

Modern Studies in Philosophy, we are informed on the page facing the title-page, "is a series of anthologies presenting contemporary interpretations and evaluations of the works of major philosophers." The volumes are "intended to be contributions to contemporary debates as well as to the history of philosophy; they not only trace the origins of many problems important to modern philosophy, but also introduce major philosophers as interlocutors in current discussions." In the first of the two volumes on Plato three of (...) the articles chosen by Gregory Vlastos have not appeared elsewhere: Julius Moravcsik, Learning as Recollection; G. E. L. Owen, Plato on Not-Being; David Higgins, Sentence Meaning, Negation, and Plato's Problem of Non-Being. The other studies in Volume One are reprints: R. Robinson and J. D. Denniston, Plato; H. F. Cherniss, The Philosophical Economy of the Theory of Ideas; A. Wedberg, The Theory of Ideas; R. C. Cross and A. D. Woozley, Knowledge, Belief and the Forms; R. Robinson, Hypothesis in the Republic; G. Vlastos, Reasons and Causes in the Phaedo; R. E. Allen, Participation and Predication in Plato's Middle Dialogues; Colin Strang, Plato and the Third Man; J. L. Ackrill, Symplokë eidön; J. L. Ackrill, Plato and the Copula: Sophist 251-259. In Volume Two Terry Penner, "Thought and Desire in Plato" has not been published before. The others have: Paul Shorey, Plato's Ethics; David Sachs, A Fallacy in Plato's Republic; Raphael Demos, A Fallacy in Plato's Republic?; J. D. Mabbott, Is Plato's Republic Utilitarian?; G. Vlastos, Justice and Happiness in the Republic; F. M. Cornford, The Doctrine of Eros in Plato's Symposium; R. A. Markus, The Doctrine of Eros in Plato's Symposium; Glenn R. Morrow, Plato and the Rule of Law; Wayne A. R. Leys, Was Plato Non-Political?; F. E. Sparshott, Plato as Anti-Political Thinker; Renford Bambrough, Plato's Political Analogies; E. R. Dodds, Plato and the Irrational Soul; W. K. C. Guthrie, Plato's Views on the Nature of the Soul; Harold Cherniss, The Sources of Evil According to Plato; W. J. Verdenius, Plato's Doctrines of Artistic Imitation. Obviously, the above listed articles will be welcome to those debating issues in Plato and to historians of twentieth-century philosophy. There are two difficulties, however. The print is too small in the body of the text and is nearly microscopic in the footnotes and diagrams. Reading thus becomes almost painful. Margins to the left, right, top and bottom of the pages are practically nonexistent. On occasion footnote material is misplaced--for example, the comment on Strang's article as originally published elsewhere should be on p. 184, not on p. 187, of Volume One. But a greater problem is the fact that almost all the articles on metaphysics and epistemology are by linguistic analysts. Vlastos in his introductory remarks admits as much: "Volume One is heavily weighted on the 'analytical' side." He reports the statement of an un-named advocate of conceptual analysis "that these [analytic] methods now enable us to understand Plato better than he was ever understood by anyone in history--better than by any of his own contemporaries, even better than by himself!" He disclaims such euphoria but insists "there is an element of truth in it after all" insofar as analytic tools can alert a student to ambiguity and its consequences in some of Plato's sentences. Hence, "if we come across such sentences in Plato, it would be plainly true to say that we can understand them better than he did and even to add that we can, therefore, understand him better, since we can see both what he meant to say and the logical liabilities of his incautious sentences." All this is true enough, but a warning still is in order. Linguistic analysts tend to read only some of Plato's dialogues and, even within them, to concentrate on some passages only. This is understandable in view of their interests and the capacity of the analytic technique. But that selectivity might lead them to believe that the Plato thus revealed is the complete and authentic Plato, which it is not. Hence, in reading and teaching Plato one must complement language- and concept-analysis with other approaches. Vlastos himself is aware of this necessity : [[sic]] "Once we have made full allowance for what modern semantics and logic can do to make Plato more intelligible and alive for us today, we should be quick to concede that borrowings from this quarter must be used with economy and discretion, and that continuing reliance on older linguistic and historical disciplines is as essential now as it has ever been in the past if the object of our inquiries is Plato himself, instead of some mock-up more pleasing to current taste." One could only wish that Vlastos had fostered that reliance on other disciplines by including articles of that sort among those he actually chose.--L. S. (shrink)

Modern Studies in Philosophy, we are informed on the page facing the title-page, "is a series of anthologies presenting contemporary interpretations and evaluations of the works of major philosophers." The volumes are "intended to be contributions to contemporary debates as well as to the history of philosophy; they not only trace the origins of many problems important to modern philosophy, but also introduce major philosophers as interlocutors in current discussions." In the first of the two volumes on Plato three of (...) the articles chosen by Gregory Vlastos have not appeared elsewhere: Julius Moravcsik, Learning as Recollection; G. E. L. Owen, Plato on Not-Being; David Higgins, Sentence Meaning, Negation, and Plato's Problem of Non-Being. The other studies in Volume One are reprints: R. Robinson and J. D. Denniston, Plato; H. F. Cherniss, The Philosophical Economy of the Theory of Ideas; A. Wedberg, The Theory of Ideas; R. C. Cross and A. D. Woozley, Knowledge, Belief and the Forms; R. Robinson, Hypothesis in the Republic; G. Vlastos, Reasons and Causes in the Phaedo; R. E. Allen, Participation and Predication in Plato's Middle Dialogues; Colin Strang, Plato and the Third Man; J. L. Ackrill, Symplokë eidön; J. L. Ackrill, Plato and the Copula: Sophist 251-259. In Volume Two Terry Penner, "Thought and Desire in Plato" has not been published before. The others have: Paul Shorey, Plato's Ethics; David Sachs, A Fallacy in Plato's Republic; Raphael Demos, A Fallacy in Plato's Republic?; J. D. Mabbott, Is Plato's Republic Utilitarian?; G. Vlastos, Justice and Happiness in the Republic; F. M. Cornford, The Doctrine of Eros in Plato's Symposium; R. A. Markus, The Doctrine of Eros in Plato's Symposium; Glenn R. Morrow, Plato and the Rule of Law; Wayne A. R. Leys, Was Plato Non-Political?; F. E. Sparshott, Plato as Anti-Political Thinker; Renford Bambrough, Plato's Political Analogies; E. R. Dodds, Plato and the Irrational Soul; W. K. C. Guthrie, Plato's Views on the Nature of the Soul; Harold Cherniss, The Sources of Evil According to Plato; W. J. Verdenius, Plato's Doctrines of Artistic Imitation. Obviously, the above listed articles will be welcome to those debating issues in Plato and to historians of twentieth-century philosophy. There are two difficulties, however. The print is too small in the body of the text and is nearly microscopic in the footnotes and diagrams. Reading thus becomes almost painful. Margins to the left, right, top and bottom of the pages are practically nonexistent. On occasion footnote material is misplaced--for example, the comment on Strang's article as originally published elsewhere should be on p. 184, not on p. 187, of Volume One. But a greater problem is the fact that almost all the articles on metaphysics and epistemology are by linguistic analysts. Vlastos in his introductory remarks admits as much: "Volume One is heavily weighted on the 'analytical' side." He reports the statement of an un-named advocate of conceptual analysis "that these [analytic] methods now enable us to understand Plato better than he was ever understood by anyone in history--better than by any of his own contemporaries, even better than by himself!" He disclaims such euphoria but insists "there is an element of truth in it after all" insofar as analytic tools can alert a student to ambiguity and its consequences in some of Plato's sentences. Hence, "if we come across such sentences in Plato, it would be plainly true to say that we can understand them better than he did and even to add that we can, therefore, understand him better, since we can see both what he meant to say and the logical liabilities of his incautious sentences." All this is true enough, but a warning still is in order. Linguistic analysts tend to read only some of Plato's dialogues and, even within them, to concentrate on some passages only. This is understandable in view of their interests and the capacity of the analytic technique. But that selectivity might lead them to believe that the Plato thus revealed is the complete and authentic Plato, which it is not. Hence, in reading and teaching Plato one must complement language- and concept-analysis with other approaches. Vlastos himself is aware of this necessity : [[sic]] "Once we have made full allowance for what modern semantics and logic can do to make Plato more intelligible and alive for us today, we should be quick to concede that borrowings from this quarter must be used with economy and discretion, and that continuing reliance on older linguistic and historical disciplines is as essential now as it has ever been in the past if the object of our inquiries is Plato himself, instead of some mock-up more pleasing to current taste." One could only wish that Vlastos had fostered that reliance on other disciplines by including articles of that sort among those he actually chose.--L. S. (shrink)

First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

This paper argues that professionals who make boundary-related decisions should be guided by relationship-based practice. In our roles as service users and professionals, drawing from our lived experiences of professional relationships, we argue we need to move away from distance-based practice. This includes understanding the boundary stories and narratives that exist for all of us – including the people we support, other professionals, as well as the organisations and systems within which we work. When we are dealing with professional boundary (...) issues, we should centre relationship-building skills that are central to many other aspects of our work. Skills that foster relationships at all levels – between professionals, service users, and services – need to be revalued. Our final recommendation is to create, develop, and foster safer spaces within and outside of organisations, as well as inter-professionally, for the discussion and exploration of boundary-related issues and practice. We are interested in hearing from those with experiences of being marginalised by boundaries so that they can inform a reshaping of our collective ideas around boundary related practices. To foster relationship-based practices in organisations, we have outlined several recommendations here; however, we recognize that these do not go far enough, and that collective action is needed to inform systemic change. (shrink)

Avia Pasternak argues that intentional citizens who are genuine participants of their state should share the liability for state wrongdoings. In real-world states, how prevalent is intentional citizenship? This commentary concerns the application of the theoretical model. I argue that there are two problems with Pasternak’s proposal of testing intentional citizenship in reality. First, the difficulty of distinguishing citizens’ ambiguous internal attitudes towards their citizenship is underestimated. Second, the objective aspect of citizens’ status in society, namely, the way they (...) are treated by their state, is more important than their subjective attitudes, but this aspect is neglected by Pasternak. (shrink)