Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility must (...) include a responsibility to report one’s own crimes; it discusses whether that civic responsibility could ground at least a limited legal duty to report certain types of crime. It then turns to the question of whether a civic responsibility to assist the criminal law’s enterprise of bringing wrongdoers to account could include a responsibility to arrest suspected or known offenders if the police cannot or will not do so—a responsibility to make a citizen’s arrest, and the legal power to discharge that responsibility: how far should citizens feel entitled, or duty-bound, thus to ‘take the law into their own hands’? (shrink)

Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P the plaintiff, against (...) D the defendant. It is brought, as the Americans properly have it, by ‘the People’, or by ‘the Commonwealth’, against the defendant. This is a useful way in which to think about crimes and criminalisation. This chapter tries to develop this conception of public wrongs a little further, which also involves complicating it more than a little. It works from a version of liberal communitarianism that rejects the metaphysical version of the individualist's ‘unencumbered self’; but the account sketched here should be compatible with all but the most radically individualist kinds of liberal theory. (shrink)

Technologic advances mean automated, wearable cameras are now feasible for investigating health behaviors in a public health context. This paper attempts to identify and discuss the ethical implications of such research, in relation to existing guidelines for ethical research in traditional visual methodologies. Research using automated, wearable cameras can be very intrusive, generating unprecedented levels of image data, some of it potentially unflattering or unwanted. Participants and third parties they encounter may feel uncomfortable or that their privacy has been affected (...) negatively. This paper attempts to formalize the protection of all according to best ethical principles through the development of an ethical framework. Respect for autonomy, through appropriate approaches to informed consent and adequate privacy and confidentiality controls, allows for ethical research, which has the potential to confer substantial benefits on the field of health behavior research. (shrink)

The shift from a welfarist to a retributivist perspective on crime, which is one of the themes of David Garland?s book, has brought with it a renewed emphasis on the victims of crime and their rights. This shift in emphasis, I suggest, raises questions about the way we think of the relationship between individual citizens and between citizens and the state. Different political theories will produce different accounts of this relationship and hence different ways of characterising the status and role (...) of victims in the criminal process. In this paper then I sketch a roughly communitarian view of the citizen relationship as a context for an account of the status of victims. Thus, I argue, we need to consider not just the expectations that victims rightly have that they have rights which should to be recognised in the criminal process but also their duties as participants. Duties which require them to bear witness in calling offenders to account. This gives victims an active role in the criminal process but one that may come at a price since it might require victims to be subjected to greater scrutiny in the process of a criminal trial than they might find bearable. (shrink)

Within the discipline of American political science and the field of political theory, African American prophetic political critique as a form of political theorizing has been largely neglected. Stephen Marshall, in The City on the Hill from Below, interrogates the political thought of David Walker, Frederick Douglass, W. E. B. DuBois, James Baldwin, and Toni Morrison to reveal a vital tradition of American political theorizing and engagement with an American political imaginary forged by the City on the Hill. Originally articulated (...) to describe colonial settlement, state formation, and national consolidation, the image of the City on the Hill has been transformed into one richly suited to assessing and transforming American political evil. The City on the Hill from Below shows how African American political thinkers appropriated and revised languages of biblical prophecy and American republicanism. (shrink)

The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constituted as part of the international order.

A compelling conversation between African American political intellectuals And The canon of western political philosophy.

Some have argued that a proper account of prostitution shows it to be a morally neutral, commercial service ‘like any other’. This paper explores further the implications of this ‘service’ model and argues that it depends upon a weak conception of the kind of sex involved in such a practice and involves the objectification of both prostitute and customer. I argue that there is a moral view of sex which is not merely ‘romantic’, from which it is still possible to (...) view prostitution as morally objectionable; but that, nevertheless, this perspective itself may provide for a development of the idea of a service which would justify a limited practice of prostitution. Such a practice would, however, be very different from that which supporters of the putatively morally neutral model of prostitution have in mind and would depend for its plausibility on a comparison with other forms of caring for which payment is given. (shrink)

As a method of family formation, cross-border surrogacy is controversial and beset by risks of exploitation. This article extends the literature on surrogacy by examining the way Australian surrogacy promotion and information events represent cross-border surrogacy. It examines the emerging phenomenon of surrogacy events held by a not-for-profit surrogacy organization to promote cross-border surrogacy in Australia—a country that prohibits commercial surrogacy. The article draws on observations from a series of surrogacy events in Australia and online during the 2019–21 time period. (...) It examines the presentations given at these events by surrogacy facilitators, surrogate mothers, and intended parents. We observed four themes: (1) Intended parents are positioned as consumers, (2) the benefits of cross-border commercial surrogacy are highlighted relative to other methods of family formation, (3) the positive side of cross-border surrogacy is accentuated, and (4) reproductive rights are emphasized. These representations run counter to feminist framings of cross-border surrogacy as exploitative and risky. This paper understands that the framing of surrogacy that occurs at these promotion events to be neoliberal in nature. The conceptualization helps explain their consumerist peppiness and commodifying subjectivity. (shrink)

This essay is a defense of Jean-Paul Sartre’s The Imaginary as a text which changes the direction of philosophical thinking regarding the image. Historically depreciated as a mere “copy” or “appearance” of a “reality” grasped through perception, the image is reconceived in Sartre’s text, which culminates in a revaluation of imagination as the condition of possibility for a human consciousness that always already transcends its situation towards something entirely other – what he calls “the imaginary.” Despite the metaphysical bias that (...) clearly operates on Sartre’s thinking throughout The Imaginary and leads him to privilege perception over imagination, his work ultimately succeeds in nihilating the traditional thing-image binary. In effect, he imagines something other than his situatedness within the philosophical reality of his time, ushering in a thought of the imaginary through a creative encounter with nothingness. This thought could only occur spontaneously, for the advent of the imaginary is not produced in an act of will. Accordingly, this essay attempts to trace the movements of Sartre’s project in its transformative process. (shrink)

In response to Miranda Fricker's advocacy of a virtue of ‘reflexive critical openness’, I emphasise the importance of other virtues, such as loyalty, in evaluating an agent's response to testimony, and I query Fricker's claim that in certain circumstances agents can lack a means to correct their faulty evaluations of another's testimony.

This is a study involving three HIV clinics in the Canadian provinces of Newfoundland and Labrador, and Manitoba. We sought to identify ethical issues involving health care providers and clinic clients in these settings, and to gain an understanding of how different ethical issues are managed by these groups. We used an institutional ethnographic method to investigate ethical issues in HIV clinics. Our researcher conducted in-depth semi-structured interviews, compiled participant observation notes, and studied health records in order to document ethical (...) issues in the clinics, and to understand how health care providers and clinic clients manage and resolve these issues. We found that health care providers and clinic clients have developed work processes for managing ethical issues of various types: conflicts between client-autonomy and public health priorities, difficulties associated with the criminalization of nondisclosure of HIV positive status, challenges with non-adherence to HIV treatment, the protection of confidentiality, barriers to treatment access, and negative social determinants of health and well-being. Some ethical issues resulted from structural disadvantages experienced by clinic clients. The most striking findings in our study were the negative social determinants of health and well-being experienced by some clinic clients – such as experiences of violence and trauma, poverty, racism, colonization, homelessness, and other factors affecting well-being such as problematic substance use. These negative determinants were at the root of other ethical issues, and are themselves of ethical concern. (shrink)

(No abstract is available for this citation).

Written from a student’s perspective, this essay focuses on Pleshette’s engagement with Derrida in The Right to Narcissism: The Case for an Im-possible Self-Love and attests to the manner in which she lived this influence through her teaching and writing.

The idea that there are some things which we should not talk about is most commonly dealt with in the context of debates about rights to free speech, and other contexts in which the value of talking is typically understood in instrumental terms. This paper explores ways of grounding that idea which do not depend upon instrumental values, in particular in the context of self-revelatory and confessional talk.

Whereas traditional abolitionist arguments call for putting an end to capital punishment, French-Algerian philosopher Jacques Derrida emphasizes its survival, writing that “even when it will have been abolished, the death penalty will survive.” My dissertation interprets this perplexing claim by attending to the specificity of Derrida’s discourse on survival or survivance, contending that the death penalty serves an irreducible role in the constitution of the (individual or collective) subject, such that, even in the event of its abolition, some form of (...) the death penalty must continue. Through close readings of Heidegger, Kant, Nietzsche, Freud, Michel de Montagne, and Victor Hugo, as well as Shakespeare, linguist Émile Benveniste, Hungarian psychoanalysts Abraham and Torok, and the nineteenth-century political theorist Juan Donoso Cortés, the dissertation provides an account of the function of the death penalty as a specific institution within the modern penal system of a collective political body and as the legacy of ancient political economies based on sacrificial rites. This analysis interprets the death penalty both structurally and specifically, accounting for the indissociable relationship between the institution and its conceptual structure more broadly. Survivance, I argue, only ever occurs through an other, leaving open the question of the survival of the death penalty to the dissemination of indefinite and unpredictable forms that could consist in its abolition. (shrink)

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