Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. It covers (...) the various actors within the system, the theories that help explain their behavior, and the principles and sources of law they create. Part Two turns to the fora that define and support the international order, the historical and political contexts that impacted their design, and their efficacy. Part Three is a capstone section that asks students to weave together everything they have learned in Parts One and Two. Students will engage in normative development regarding climate change, including the existing international treaty regime and U.S. implementation options, and the law of war in the modern age. The cornerstone of this book is its organization. The text groups material into conceptual frameworks that promote understanding and retention. For example, rather than consider the various dispute resolution fora in isolation, Part Two asks students to consider them in the context of what types of disputes arise and what legal rules can be employed to resolve them in various international and domestic fora. The institutions also are presented in chronology. In this way, students are encouraged to chart the developmental progression and to make connections and comparisons between various institutions. The use of conceptual frameworks continues within each part. For example, Chapter Six covers the sovereign State as a conflict resolution forum. Under this umbrella, the author discusses (a) State Jurisdiction; (b) The Reception of International Law into the Domestic Sphere; (c) The Qualification as a State Forum or State Litigant (i.e., Recognition of States & Governments); and (d) Protections Afforded Within the Forum: Sovereign, Diplomatic, and Consular Immunity. A typical coursebook might locate this material in four different chapters. The conceptual framework approach, however, allows students to see the big picture and the relationship between concepts. In addition to the frameworks, there are several other innovative pedagogical devices that support student learning. There are Foundation Questions that initially direct readers through the material and cumulatively help students confirm whether they have grasped key takeaways from each section. There also are Assessment Sets in each section, which provide students with immediate opportunities to apply material and gauge their understanding, and "Why Is This Important (a/k/a WITI Moment)" prompts designed to delve deeper into the underpinnings and consequences of various rules. Finally, there are directed reading notes before some more complex readings and margin annotations to keep readers oriented. (shrink)

Self-harm within immigration detention centres has been a widely documented phenomenon, occurring at far higher rates than the wider community. Evidence suggests that factors such as the conditions of detention and uncertainty about refugee status are among the most prominent precipitators of self-harm. While important in explaining self-harm, this is not the entire story. In this paper, we argue for a more overtly political interpretation of detainee self-harm as resistance and assess the ethical implications of this view, drawing on interviews (...) with detainees from Australia’s offshore system. Self-harm by detainees is not only a medical ‘condition’ arising in response to oppression but a form of political action to lessen or contest it. We first establish how self-harm could be conceptualised as resistance. We then discuss its political purpose, noting it serves at least three functions: intrinsic, instrumental and disruptive or coercive. Viewing detainee self-harm as political resistance is a supplement to (rather than a substitute for) a medical approach. However, conceptualising self-harm this way has several advantages, namely, moving away from the idea that such behaviour is ‘maladaptive’, recognising detainees as political agents, combatting government claims of ‘manipulation’ and ‘blackmail’ and clarifying the duties of healthcare workers who work in detention. (shrink)

This paper adds a new perspective to recent debates about the political nature of rights through attention to their distinctive role within social movement practices of moral critique and social struggle. The paper proceeds through a critical examination of the Political Constitutionalist theories of rights politics proposed by Jeremy Waldron and Richard Bellamy. While political constitutionalists are correct to argue that rights are ‘contestable’ and require democratic justification, they construe political activity almost exclusively with reference to voting, parties and parliamentary (...) law-making, neglecting the vital role rights play in political struggle outside and against the official institutions of democratic citizenship. In contrast to the political constitutionalist stress on the patient and reciprocal negotiation of rights within formal electoral processes, this paper locates the political nature of rights in their conflictual logic as ‘claims’ in multiple spheres that function to mobilise oppos... (shrink)

In Sharing Territories, Cara Nine defends a river model of territorial rights. On a river model, groups are assumed to be interdependent and overlapping. Drawing on natural law philosophy, Nine's theory argues for the establishment of foundational territories around geographical areas like rivers.

Within a context of rapid growth and diversification in higher degree research programs, there is increasing pressure for the results of doctoral research to be made public. Doctoral students are now being encouraged to publish not only after completion of the doctorate, but also during, and even as part of their research program. For many this is a new and challenging feature of their experience of doctoral education. _Publishing Pedagogies for the Doctorate and Beyond_ is a timely and informative collection (...) of practical and theorised examples of innovative pedagogies that encourage doctoral student publishing. The authors give detailed accounts of their own pedagogical practices so that others may build on their experiences, including: a program of doctoral degree by publication; mentoring strategies to support student publishing; innovations within existing programs, including embedded publication pedagogies; co-editing a special issue of a scholarly journal with students; ‘publication brokering’, and writing groups and writing retreats. With contributions from global leading experts, this vital new book: explores broader issues pertaining to journal publication and the impacts on scholarly research and writing practices for students, supervisors and the academic publishing community takes up particular pedagogical problems and strategies, including curriculum and supervisory responses arising from the ‘push to publish’ documents explicit experiences and practical strategies that foster writing-for-publication during doctoral candidature. _Publishing Pedagogies for the Doctorate and Beyond_ explores the challenges and rewards of supporting doctoral publishing and provides new ways to increase research publication outputs in a pedagogically sound way. It will be a valued resource for supervisors and their doctoral students, as well as for program coordinators and managers, academic developers, learning advisors, and others involved in doctoral education. (shrink)

This book is an accessible, research-based introduction to behavioral ethics. Often ethics education is incomplete because it ignores how and why people make moral decisions. But using exciting new research from fields such as behavioral psychology, cognitive science, and evolutionary biology, the study of behavioral ethics uncovers the common reasons why good people often screw up. Chapters coordinate with free online teaching resources from The University of Texas at Austin. Scientists have long studied the ways human beings make decisions, but (...) only recently have researchers begun to focus specifically on ethical decision making. Unlike philosophy and religion, which aim to tell people how to think and act about various moral issues, behavioral ethics research reveals the factors that influence how people really make moral decisions. Most people get into ethical trouble for doing obviously wrong things. Aristotle cannot help, but learning about behavioral ethics can. By supplementing traditional approaches to teaching ethics with a clear, accessible, detailed, and research-based introduction to behavioral ethics, beginners can quickly become familiar with the important elements of this new field. This book includes the bonus of being coordinated with Ethics Unwrapped-a free, online, educational resource featuring award-winning videos and teaching materials on a variety of behavioral ethics (and general ethics) topics. This book is a useful supplement for virtually every ethics course, and important in any course where incorporating practical ethics in an engaging manner is paramount. The content applies to every discipline-journalism, business ethics, medicine, legal ethics, and others-because its chief subject is the nature of moral decision making. Because the book is research-based yet accessibly written with interesting studies, it could be used in high schools, colleges, graduate schools, and industry. (shrink)

Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states (...) in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee.The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. (shrink)

In ‘The Genesis of a False Dichotomy: A Critique of Conceptual Alienation’, I locate the origin of the conceptualist-realist debate in the medieval debate between nominalists, realists, and conceptualists; subsequently, I trace the development of realism and conceptualism through Kant’s Critique of Pure Reason and Hegel’s critique of the Kantian concept in his Logic, but conclude – alongside Sohn-Rethel – that the Hegelian concept failed to capture that all things, including concepts, appear dichotomous under capitalism. Next, I detail the ways (...) in which the division of word and thing mimics the mutual exclusivity of exchange and use. Finally, I claim that Marxist Psychoanalysis has the unique capacity to expose the connection between the concept, the objective world, and the individual; and in turn, reveal our subjective participation in the creation of the objective ‘terms’ of our lives. (shrink)

Do territorial rights include the right to exclude? This claim is often assumed to be true in territorial rights theory. And if this claim is justified, a state may have a prima facie right to unil...

In ‘What’s Wrong with Colonialism,’ Lea Ypi argues that the wrong of colonialism can be expressed as procedural wrongs, not as wronging territorial rights. On her view, colonial practices went wrong in two ways: they forced residents into political associations, and the terms of the political association were not established through equal and reciprocal negotiations. I argue that because Ypi’s account successfully side-lines all but essential claims to territory, her theory ends up being vulnerable to an objection it means to (...) avoid. Historical residents may be subject to unequal treatment under newly formed political associations because their historical patterns of land use are not considered to have any independent moral weight. My analysis does not rely on any appeal to property or territorial rights. Instead, I appeal to pre-existing obligations holding between residents. (shrink)

This commentary highlights the observation that social motivation is usually an imprecisely specified construct. We suggest four social motivation conceptualizations across levels of analysis and explore where the target article situates among these. We then offer theoretical and practical guidance for operationalization and measurement of social motivation to support more comprehensive future research on this complex construct in the autism literature.

Some time ago, John Perry argued that the content of an indexical belief, that is, a belief expressible with a sentence containing an indexical or demonstrative, cannot be a proposition. I consider several of his arguments for this view, and show that they can be extended to show that belief expressible with other non-indexical expressions such as natural kind terms and proper names presents the very same problem for the traditional picture. I then suggest that if indexical belief has any (...) special status, this is not because it has a special kind of content, but rather because action is impossible if agents do not have indexical belief. (shrink)

This essay defends a strong right against displacement as part of a basic individual right to secure access to one’s home. The analysis is purposefully situated within the difficult context of climate change adaptation policies. Under increasing environmental pressures, especially regarding water security, there are weighty reasons motivating the forced displacement of persons—to safeguard water resources or prevent water-related disasters. Even in these pressing circumstances, I argue, individuals have weighty rights to secure access to their homes. I explain how the (...) home provides a functional context for conditions of autonomous agency. Being coerced from the home disrupts and subverts the conditions necessary for autonomous processes. I conclude by suggesting that the right to the home could be a foundational element of territorial rights. (shrink)

Objective Standards of care regarding obstetric management of life-threatening anomalies are not defined. It is hypothesised that physicians' management of these pregnancies is variable and influenced by demographic factors. Design A questionnaire was mailed to members of the Society of Maternal–Fetal Medicine with valid US addresses assessing obstetric management of both ‘uniformly lethal’ (eg, anencephaly, renal agenesis) and ‘uniformly severe, commonly lethal’ (eg, trisomy 13 and 18) anomalies. Respondents were asked to answer as if not limited by state/institutional restrictions. Fisher's (...) exact or χ2 tests were used as appropriate and correction made for multiple comparisons in analyses that were not prespecified. Results The response rate was 36% (732/2038). Nearly 100% of respondents discuss termination for both uniformly and commonly lethal anomalies. In continuing pregnancies, with patient request for obstetric non-intervention 99% of providers would comply for either uniformly or commonly lethal anomalies. The majority ‘encourage’ such management, but some were non-directive or discouraged this management. In continuing pregnancies, with patient request for full obstetric intervention the majority of respondents was willing to comply for both uniformly (71%) and commonly (82%) lethal anomalies. While most practitioners ‘discouraged’ full intervention, some were non-directive or encouraged this management. Demographics and severity of anomaly influenced counselling. Conclusion Discrepancies exist regarding the management of life-threatening fetal anomalies. Patients may be offered different options based on practitioner demographics. The majority of physicians comply with patient wishes. Differences were noted when comparing the management of lethal with that of severe commonly lethal anomalies, suggesting that practitioners make a distinction when counselling patients. (shrink)

Disability scholars have critiqued medical models that pathologize disability as an individual flaw that needs treatment, rehabilitation, and cure, favoring instead a social-constructionist approach that likens disability to other identity categories such as gender, race, class, and sexuality. However, the emphasis on social constructionism has left chronic illness and pain largely untheorized. This article argues that feminist disability studies must attend to the common, chronic gynecological condition endometriosis when theorizing pain. Endo is particularly important for FDS analysis because the highly (...) feminized and sexualized nature of endo pain is a major source of disability. Because medical treatments of endo enhance fertility rather than provide pain relief, those with endo must not only have access to medical services to manage their pain, but also demand better medical management of their pain as well as disability accommodations for their pain. Thus, I propose a pain-centric model of disability that politicizes pain through social-constructionist and medical models of disability by attending to the lived experiences of pain. (shrink)

PurposeWeb accessibility is the practice of making web sites accessible to people, such as the disabled, who are using more than just traditional web browsers to access the internet. The purpose of this paper is twofold: to overview web accessibility and to highlight the ethics of web accessibility from a managerial perspective.Design/methodology/approachTo that end, this paper reviews related literature, highlights relevant public policy, discusses web accessibility from a systems development perspective, and concludes with a discussion of web accessibility with respect (...) to different ethical theories.FindingsThe findings take the form of a tutorial that highlights how to address web accessibility projects. The findings also examine web accessibility projects as they relate to well‐known ethical theories. Additionally, the findings also incorporate ethical opinions from web designers who have completed web accessibility projects in the past.Originality/valueThe paper makes several contributions to the existing literatures on web accessibility and ethics. An important contribution is that the paper is the first tutorial on web accessibility that also examines the topic through the lens of ethical theories. In addition to the tutorial, the paper reports on the opinions of web designers who have worked on web accessibility projects in the past. (shrink)

Drinking water is an important health behavior to support overall child health. Research indicates that children are consuming too little water and too many sugary drinks. Overconsumption of sugary drinks increases child risk for the epidemics of obesity and diet-related chronic diseases like type-II diabetes, stroke, and heart disease. Increasing access to appealing, low-cost drinking water in schools and childcare where children spend much of their time supports efforts to reduce sugary drink consumption. Drinking water infrastructure is key to water (...) access in childcare and schools. In 2012-2013, almost one-third of permanent U.S. school buildings had plumbing systems in fair or poor condition, and almost 40 percent had major renovations or repairs planned.3 Basic plumbing standards for new construction and major renovations or repairs are contained in state and local plumbing codes, and many of these codes are derived from model codes established by private organizations. This article describes the model code process and intervention points where the public health community can work to improve plumbing standards in school buildings and childcare centers. (shrink)

Emotions situate actors in relationships and shape their social interactions. Culture defines both the qualities of individual identity and the constitution of social groups with distinctive values and practices. Emotions, then, are necessarily experienced and acted upon in culturally inflected forms that define not only the conventions of their articulation through individual and collective action, but also the very words that name them. This article develops theoretical arguments to support these claims and illustrates their application in a description of differing (...) emotional repertoires, and their consequences, in Aotearoa New Zealand. The effects of resentment and shame in an ethnic politics of rights and antidiscrimination law demonstrate that context is central to a nuanced understanding of how law and emotions connect in the practicalities of enforcing the protections of anti-discrimination law. (shrink)

Since we explain behavior by ascribing intentional states to the agent, many philosophers have assumed that some guiding principle of folk psychology like [Intentional States and Actions] must be true. [Intentional States and Actions]: If A and B are different actions, then the agents performing them must differ in their intentional states at the time they are performed. Recent results in the physiology of vision present a prima facie problem for this principle. These results show that some visual information that (...) guides spatial manipulation and fine motor control is unavailable for verbal report. Plausibly, this information is not consciously available to the agent, and as such, not available to inform the content of intentional states. Thus, it is hard to see how every difference in action is subject to intentional explanation, as [Intentional States and Actions] requires. I articulate the prima facie problem and argue that the most plausible solution requires us to reject [Intentional States and Actions]. (shrink)

This article examines theories of ocean rights based on the works of Hugo Grotius and Samuel von Pufendorf. Grotius's object‐centred view uses features of the natural world to justify claims to external objects. I show that Grotius's view is inadequate, because it relies on an outdated claim that oceanic resources are sufficiently abundant for anybody to use. Further, adaptations of his view are wanting, because they either rely on arbitrary distinctions or disregard the values of cultural minorities. Pufendorf's relational view (...) constructs rights through the exercise of human will. While Pufendorf believes that agreements create rights, he also argues that property rights can be unilaterally acquired from the commons without express consent from others. The relational view is a viable alternative to the object‐centred view, because it both delimits territorial claims over the ocean to a ‘modest’ size and also respects cultural variability. A major aim of this article is to present Pufendorf's theory of territorial rights extended over oceans and to demonstrate how it is useful for assessing contemporary disputes. In the final sections, I apply the relational view to Canadian claims to the Northwest Passage, and I also sketch implications for assessing expanding claims to the seabed. (shrink)

The Russellian approach to the semantics of attitude ascriptions faces a problem in explaining the robust speaker intuitions that it does not predict. A familiar response to the problem is to claim that utterances of attitude ascriptions may differ in their Gricean conversational implicatures. I argue that the appeal to Grice is ad hoc. First, we find that speakers do not typically judge an utterance false merely because it implicates something false. The apparent cancellability of the putative implicatures is irrelevant, (...) since cancellability does not indicate conversational implicature. Finally, the appeal assumes, implausibly, that ordinary speakers generally subscribe to a particular philosophical theory about belief. (shrink)

In this paper, I critically examine an important premise in theories of global distributive justice that, despite its widespread influence, has remained largely unexamined. This is the claim that state borders are morally arbitrary with respect to a just distribution of goods. I examine two common arguments for this claim, the argument that state borders are historically unjust and therefore morally arbitrary; and the argument first made by Charles Beitz that the conditions of a fair, hypothetical social contract would not (...) include knowledge of one's location with respect to the distribution of natural resources between state borders. I argue that there are good reasons to reject both arguments. Beitz's immense contribution to international justice can be gauged by the fact that it is difficult to find a contemporary work on global justice that does not reference his arguments in Political Theory and International Relations . Although some authors find Beitz's cosmopolitan theory objectionable, no author has, to my knowledge, criticized Beitz's pivotal arguments that our placement in the distribution of natural resources is morally arbitrary. The aim of this paper is to do just that. (shrink)

In this paper, I engage with the radical critique of human rights moralism. Radical critics argue that: human rights are myopic ; human rights are demobilising ; human rights are paternalistic ; and human rights are monopolistic. I argue that critics offer important insights into the limits of human rights as a language of social justice. However, critics err insofar as they imply that human rights are irredeemably corrupted and they under-estimate the subversive potential of the moral ideas that underpin (...) the discourse. Building on the idea of human rights as claims, I set out the politicising features of human rights as they are deployed in a practical context of disagreement, conflict, and imbalances of power. I illustrate this discussion with reference to the contemporary struggles of irregular migrants. (shrink)

There is now an increasing body of knowledge on creative practice-based doctorates especially in Australia and the United Kingdom. A particular focus in recent years has been on the written examinable component or exegesis, and a number of studies have provided important information about change and stability in the form and nature of the exegesis and its relationship to the creative project. However, we still know relatively little about the pedagogical practices that supervisors use to support these students’ development as (...) scholarly writers, nor of how supervisors view ‘writing’ in relation to the creative practice components of the degree endeavour. This paper draws on data from a recent study of supervision in creative practice higher research degrees and it highlights the transformative nature of writing for the development of creative practice research scholars in the context of competing discourses on research writing. In contrast to institutional silencing of writing, the study relates numerous examples of effective writing-rich supervisory pedagogies illustrating how successful supervisors work with their students to bring their creative projects into articulation. (shrink)

Competition is pervasive in modern society, affecting work, education, and recreation. The question arises whether competition is consistent with scriptural teaching. The context for this enquiry is that Christians today disagree among themselves about whether Scripture has any normative content relating to competition. Some view competition as incompatible with Scripture, while for others it is compatible. On the basis of a given definition of competition, Christian contributions to the debate in the last decade are reviewed. Only six inputs were discovered, (...) with five arguing that Scripture takes no normative position toward competition. Most of this article is taken up with evaluating their cases that are found to be unpersuasive. A sixth paper claims that Scripture is incompatible with competition, examined in the penultimate section. From reviewing the six contributions to the debate, the conclusion is that that Scripture does not have a favorable attitude toward competition. (shrink)

Cooperation, meaning collaboration between people who assist each other to achieve common goals, is argued to be one of Jesus’ major normative themes. This proposal has not previously been made in Christian ethics. Jesus’ emphasis on cooperation occurs within His major undertaking, His practice of obedience to God. Outlined initially is the meaning of cooperation that aims for mutual help and partnership with others in a friendly, trusting and harmonious alliance. Following that, Jesus’ teachings relating to cooperation are assessed, as (...) interpreted by Biblical exegetes. These teachings include the Golden Rule, Jesus’ admonitions for forgiveness, the need for generosity, required relations between His disciples, and Jesus’ healings. In the penultimate section, objections to the extension of Jesus’ teachings on cooperation in the modern world are found to be unpersuasive. (shrink)