Cet article vise à exposer le travail que juristes, magistrats et experts ont dû effectuer – parfois au prix de leur vie – pour soutenir l’énoncé selon lequel la mafia existe, et montre les implications de cette assertion pour les « économies morales » de la société italienne. Après un détour historique destiné à décrire le processus conduisant, en septembre 1982, à une définition juridique de la mafia comme « association criminelle » – préalable nécessaire à l’aboutissement de toute action (...) en justice contre cette société secrète – ce texte se penche sur les mises à l’épreuve judiciaire de l’affirmation de la nature organisée et centralisée du phénomène mafieux, et sur les multiples revirements auxquels cette théorisation – appelée « le théorème Buscetta » du nom du repenti ayant permis de la formuler – a été soumise. Les controverses que suscitent de nos jours encore les procès anti-mafia dans le prétoire, les bureaux d’instruction ou les médias, incitent à saisir les enjeux politiques et moraux de telle ou telle définition de la « mafia » et du « mafieux », et à poser la question de la limite entre ce qui est acceptable ou intolérable au sein d’une démocratie. (shrink)

Cet article vise à exposer le travail que juristes, magistrats et experts ont dû effectuer – parfois au prix de leur vie – pour soutenir l’énoncé selon lequel la mafia existe, et montre les implications de cette assertion pour les « économies morales » de la société italienne. Après un détour historique destiné à décrire le processus conduisant, en septembre 1982, à une définition juridique de la mafia comme « association criminelle » – préalable nécessaire à l’aboutissement de toute action (...) en justice contre cette société secrète – ce texte se penche sur les mises à l’épreuve judiciaire de l’affirmation de la nature organisée et centralisée du phénomène mafieux, et sur les multiples revirements auxquels cette théorisation – appelée « le théorème Buscetta » du nom du repenti ayant permis de la formuler – a été soumise. Les controverses que suscitent de nos jours encore les procès anti-mafia dans le prétoire, les bureaux d’instruction ou les médias, incitent à saisir les enjeux politiques et moraux de telle ou telle définition de la « mafia » et du « mafieux », et à poser la question de la limite entre ce qui est acceptable ou intolérable au sein d’une démocratie. (shrink)

This study combines quantitative content and qualitative production analysis of two television news programs in Flanders to investigate the impact of a Charter of Diversity on the portrayal of ethnic minorities. Findings of interviews with news production and ethnic minority experts show the ineffectiveness of a Diversity Charter not implemented at the heart of the newsroom. It seems unable to have an impact on journalists' media literacy and social capital, on the discursive structure of the news or characteristics of the (...) production process itself – all more decisive factors in minority reporting. These findings are confirmed by the results of content analysis showing no gradual improvement of ethnic minority portrayal in a newscast produced under a Diversity Charter compared to news produced under no such Charter – both showing little changes in ethnic minority reporting. (shrink)

L'étude du cycle carnavalesque de trois villages alpins, situés dans une enclave slave en Italie du nord (vallée de Resia), permet de suivre les étapes traversées par l'adolescente à l'intérieur de la fête, moment clef de son identification sexuelle et sociale. Les trois exemples choisis ont mis en lumière des stratégies différentes qui utilisent un couple de masques bäbac/maškira, couple qui correspond à l'opposition structurelle entre le modèle de la fille « sauvage » et celui de la demoiselle policée. Si (...) pour devenir une « jeune fille à marier », on doit passer par ces figures, l'identité ainsi acquise n'est pas fixée une fois pour toutes. En un jeu de miroirs, le sexe opposé et les autres classes d'âge éclairent ces parcours féminins sans cesse mouvants, au croisement des rites collectifs et du vécu singulier. (shrink)

À San Juan de Plan, village des Hautes-Pyrénées espagnoles, le jour de la Sainte-Agathe, trois générations féminines s’affairent autour d’une préparation culinaire : el chocolate, le chocolat. Quelle relation peut-on établir entre la sainte aux seins coupés, les femmes, qui en Espagne lui vouent un culte tout particulier, et la boisson chaude qu’elles élaborent? Éclairé à la lumière de la biographie de sainte Agathe, ce rite alimentaire nous découvre quelques-unes des propriétés symboliques du chocolat et fait apparaître, dans ses multiples (...) facettes, une capacité propre à l’être féminin : celle de transmettre. (shrink)

L'étude du cycle carnavalesque de trois villages alpins, situés dans une enclave slave en Italie du nord (vallée de Resia), permet de suivre les étapes traversées par l'adolescente à l'intérieur de la fête, moment clef de son identification sexuelle et sociale. Les trois exemples choisis ont mis en lumière des stratégies différentes qui utilisent un couple de masques bäbac/maškira, couple qui correspond à l'opposition structurelle entre le modèle de la fille « sauvage » et celui de la demoiselle policée. Si (...) pour devenir une « jeune fille à marier », on doit passer par ces figures, l'identité ainsi acquise n'est pas fixée une fois pour toutes. En un jeu de miroirs, le sexe opposé et les autres classes d'âge éclairent ces parcours féminins sans cesse mouvants, au croisement des rites collectifs et du vécu singulier. (shrink)

Deborah Puccio est chercheuse associée à l'Institut d'Ethnologie Méditerranéenne et Comparative (MMSH, Aix-en-Provence). Dans le numéro 14 de CLIO, Festins de femmes (automne 2001) elle s'interrogeait, avec « Sainte-Agathe, les femmes et le chocolat », sur le rôle d'une fête religieuse associée, en Aragon, avec le Carnaval, dans la construction de l'identité féminine et la transmission de la fonction génésique entre générations de femmes. Son livre, édition de la thèse qu'elle a souten...

Strengthening the abilities of smallholder farmers in developing countries, particularly women farmers, to produce for both home and the market is currently a development priority. In many contexts, ownership of assets is strongly gendered, reflecting existing gender norms and limiting women’s ability to invest in more profitable livelihood strategies such as market-oriented agriculture. Yet the intersection between women’s asset endowments and their ability to participate in and benefit from agricultural interventions receives minimal attention. This paper explores changes in gender relations (...) and women’s assets in four agricultural interventions that promoted high value agriculture with different degrees of market-orientation. Findings suggest that these dairy and horticulture projects can successfully involve women and increase production, income and the stock of household assets. In some cases, women were able to increase their control over production, income and assets; however in most cases men’s incomes increased more than women’s and the gender-asset gap did not decrease. Gender- and asset-based barriers to participation in projects as well as gender norms that limit women’s ability to accumulate and retain control over assets both contributed to the results. Comparing experiences across the four projects, especially where projects implemented adaptive measures to encourage gender-equitable outcomes, provides lessons for gender-responsive projects targeting existing and emerging value chains for high value products. Other targeted support to women farmers may also be needed to promote their acquisition of the physical assets required to expand production or enter other nodes of the value chain. (shrink)

Scholarly interest in Margaret Cavendish's philosophical views has steadily increased over the past decade, but her epistemology has received little attention, and no consensus has emerged; Cavendish has been characterized as a skeptic, as a rationalist, as presenting an alternative epistemology to both rationalism and empiricism, and even as presenting no clear theory of knowledge at all. This paper concludes that Cavendish was only a modest skeptic, for she believed that humans can achieve knowledge through sensitive and rational perception as (...) well as through self-knowledge and can form probable opinions through reasoning. (shrink)

This paper examines how unethical behavior in the workplace occurs when management places inordinately strong emphasis on goalattainment without a corresponding emphasis on following legitimate procedures. Robert Merton's theory of sodal structure and anomie provides a foundation to discuss this argument. Key factors affecting ethical climates in work organizations are also addressed. Based on this analysis, the paper proposes strategies for developing and changing aspects of organizational culture to reduce anomie, thereby creating work climates which discourage unethical practices and provide (...) employees with mechanisms to resolve ethical conflicts in a constructive way. (shrink)

BackgroundHealth data-driven activities have become central in diverse fields (research, AI development, wearables, etc.), and new ethical challenges have arisen with regards to privacy, integrity, and appropriateness of use. To ensure the protection of individuals’ fundamental rights and freedoms in a changing environment, including their right to the protection of personal data, we aim to identify the ethical approaches adopted by scientists during intensive data exploitation when collecting, using, or sharing peoples’ health data.MethodsTwelve scientists who were collecting, using, or sharing (...) health data in different contexts in Sweden, were interviewed. We used systematic expert interviews to access these scientists’ specialist knowledge, and analysed the interviews with thematic analysis. Phrases, sentences, or paragraphs through which ethical values and norms were expressed, were identified and coded. Codes that reflected similar concepts were grouped, subcategories were formulated, and categories were connected to traditional ethical approaches.ResultsThrough several examples, the respondents expressed four different ethical approaches, which formed the main conceptual categories: consideration of consequences, respect for rights, procedural compliance, and being professional.ConclusionsTo a large extent, the scientists’ ethical approaches were consistent with ethical and legal principles. Data sharing was considered important and worth pursuing, even though it is difficult. An awareness of the complex issues involved in data sharing was reflected from different perspectives, and the respondents commonly perceived a general lack of practical procedures that would by default ensure ethical and legally compliant data collection and sharing. We suggest that it is an opportune time to move on from policy discussions to practical technological ethics-by-design solutions that integrate these principles into practice. (shrink)

Despite eschewing the utility of ends or purposes in natural philosophy, Descartes frequently engages in functional explanation, which many have assumed is an essentially teleological form of explanation. This article considers the consistency of Descartes's appeal to natural functions, advancing the idea that he is utilizing a non-normative, non-teleological form of functional explanation. It will be argued that Cartesian functional analysis resembles modern causal functional analysis, and yet, by emphasizing the interdependency of parts of biological systems, is able to avoid (...) many of the problems attendant upon modern causal theories. It is for this reason, if no other, that the study of Descartes's natural philosophy should be of interest to contemporary theorists of functional analysis. (shrink)

One of the chief innovations in medieval adaptations of Aristotelian psychology was the expansion of Aristotle's notion of imagination orphantasiato include a variety of distinct perceptual powers known collectively as the internal senses. Amongst medieval philosophers in the Arabic world, Avicenna offers one of the most complex and sophisticated accounts of the internal senses. Within his list of internal senses, Avicenna includes a faculty known as “estimation”, to which various functions are assigned in a wide variety of contexts. Although many (...) philosophers in the Arabic world as well as in the Latin West accepted Avicenna's positing of an estimative faculty, Avicenna's best-known critics, al-Ghazâlî and Averroes, found Avicenna's arguments in support of a distinct estimative faculty problematic. For different reasons, both Averroes and Ghazâlî raised the basic question of whether one needed to posit a distinct faculty of estimation to supplement the perceptual abilities of the other internal senses, and whether the notion of an estimative power as defined by Avicenna was internally coherent. Such criticisms suggest that the Avicennian conception of estimation is not entirely unambiguous, and that a correct understanding of Avicenna's motivations for delineating an estimative power requires a careful study of the diverse activities assigned to it throughout Avicenna's philosophical writings. (shrink)

Chapter Introduction Hobbes's political doctrine presents the unusual feature that it has given rise to an "official" interpretation, in terms of which, ...

This paper discusses the character of medical ethics and suggests that there are significant gaps that warrant greater attention. It describes ways in which the content and form of medical ethics may exclude or marginalise perspectives and contributions, thereby reducing its influence and its potential impact on, and value to, patients, students, carers and society. To consider what it is ‘to do good medical ethics’ suggests an active approach that seeks out, and learns from, contributions beyond the traditional boundaries of (...) scholarship. (shrink)

It has long been a truism of the history of philosophy that intentionality is an invention of the medieval period, and within this standard narrative, the central place of Arabic philosophy has always been acknowledged. Yet there are many misconceptions surrounding the theories of intentionality advanced by the two main Arabic thinkers whose works were available to the West, Avicenna and Averroes. In the first part of this paper I offer an overview of the general accounts of intentionality and intentional (...) being found in the linguistic, psychological, and metaphysical writings of Avicenna and Averroes, and I trace the terminology of “intentions” to a neglected passage from Avicenna’s logic. In the second part of the paper I examine the way that Avicenna and Averroes apply their general theories of intentionality to the realm of sense perception. I offer an explanation of why Avicenna might have chosen to denominate the objects of the internal sense faculty of estimation as “intentions”, and I explore the implications of Averroes’s decision to attribute intentionality to the external senses and the media of perception. (shrink)

Trust is frequently discussed with reference to the professional–patient relationship. However, trust is less explored in relation to the ways in which understanding of, and responses to, questions of ethics are discussed by both the “public” and “experts.” Public engagement activity in healthcare ethics may invoke “trust” in analysing a moral question or problem but less frequently conceives of trust as integral to “public engagement” itself. This paper explores the relationship between trust and the ways in which questions of healthcare (...) ethics are identified and negotiated by both “experts” and the public. Drawing on two examples from the author’s “public engagement” work—a radio programme for the British Broadcasting Corporation and work with a playwright and theatre—the paper interrogates the ways in which “public engagement” is often characterized. The author argues that the common approach to public engagement in questions of ethics is unhelpfully constrained by a systemic disposition which continues to privilege the professional or expert voice at the expense of meaningful exchange and dialogue. By creating space for novel interactions between the “expert” and the “public,” authentic engagement is achieved that enables not only the participants to flourish but also contributes to trust itself. (shrink)

In both the _Treatise and the first _Enquiry, Hume offers an argument from analogy comparing how humans and animals make causal inferences. Yet in these and other texts, he suggests that there are certain differences between human and animal reasoning. This paper discusses Hume's argument from analogy, and examines how Hume can argue for differences in human and animal reasoning without having to attribute to either a special capacity that the other lacks. Hume's empiricism and his claims about sympathy also (...) give him good reason to hold that in animals just as in humans, reason is a virtue. (shrink)

This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The Anti-Compounding Injustice principle or aci. Compounding injustice and the aci principle are likely to be relevant when analyzing the moral issues raised by “big data” and its combination with the computational power of machine learning and artificial intelligence. Past injustice can infect the data used in algorithmic decisions in two distinct ways. Sometimes prior (...) injustice undermines the accuracy of the data itself. In these contexts, improving accuracy will also help to avoid compounding injustice. Other times, past injustice produces real-world differences among people with regard to skills, health, wealth, and other traits that employers, lenders, and others seek to measure. When decisions are based on accurate data that itself results from prior injustice, these decisions can also compound injustice. This second dynamic has received less attention than the first but is especially important because improving the accuracy of data will not mitigate this unfairness. (shrink)

Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.

Some scholars have argued that Margaret Cavendish was ambivalent about women's roles and capabilities, for she seems sometimes to hold that women are naturally inferior to men, but sometimes that this inferiority is due to inferior education. I argue that attention to Cavendish's natural philosophy can illuminate her views on gender. In section II I consider the implications of Cavendish's natural philosophy for her views on male and female nature, arguing that Cavendish thought that such natures were not fixed. However, (...) I argue that although Cavendish thought women needed to be better educated, and could change if they had such an education, she also thought their education should reinforce the feminine virtues. Section III examines Cavendish's notorious “Preface to the Reader” (from The Worlds Olio), where Cavendish claims that women are naturally inferior in strength and intelligence to men. Section IV addresses another notorious Cavendish text, “Female Orations,” arguing that its message is similar to that of the “Preface to the Reader.” Nonetheless, although Cavendish held conventional views about male and female nature and appropriate gender roles, she also recognized how social institutions could limit women's freedom; section V explores the complexities of Cavendish's critique of one such institution, patriarchal marriage. (shrink)

Idiosyncrasies of Hobbes's composition process, together with a paucity of reliable autobiographical materials and the norms of seventeenth-century manuscript production, render interpretation of his political theory particularly difficult and contentious. These difficulties are surveyed here under three headings: the process of "serial" composition, which was common in the period; the relationship between Hobbes's three political-theory texts-- the "Elements of Law, De Cive ", and "Leviathan", which is basic to defining the textual embodiment of his theory, and controversial; and his method (...) of writing. I argue that Hobbes's composition process undercut his intention to produce a deductive, logical theory of politics and opened the door to inconsistency and muddle in his arguments. (shrink)

Descartes’s uncompromising rejection of the possibility of animal intelligence was among his most controversial theses. That rejection is based on (1) his commitment to the doctrine of animal automatism and (2) two tests that he takes to be sufficient indicators of thought (the action and language tests). Of these two tests, only the language test is truly definitive, and Descartes is firmly of the view that no animal could demonstrate the capacity to use signs to convey meaning in “all the (...) circumstances of life.” The topic is fascinating for forcing us to ponder what exactly reason is for Descartes and the role it plays in everyday life. This article explores the tensions in Descartes’s arguments produced by an over reliance on the analogy between animals and clocks, including the question of what to make of Descartes’s recognition of the need to posit representational and information-processing subsystems in the brain. (shrink)

This chapter contains section titled: Introduction Objective Reality in the Cartesian Framework Material Falsity and Its Problems Reading 1: Descartes Abandons Material Falsity Reading 2: Reconciling Material Falsity and Objective Reality Response to the Dilemma of Uncaused Ideas The Identity of Ideas References and Further Reading.

I was dreaming about Delores when the phone interrupted us. It was the Chief, or ‘Stress,’ as we liked to call him, telling me to get part of my anatomy down to Shakey’s Funeral Parlor. My head ached. I thought I must be the only sucker who gets a hangover from being drunk on life. I got up, put two eggs, a spoonful of wheatgerm, the remains of the scotch, and the phonebill into the blender and fed the whole lot (...) to the cat. It helped, but not as much as Delores would have. I should have married her even if she was a Hubot. At least she could play chess. I was still Rumanating over Delores as I hit the curb outside Shakey’s.I had the notion that Shakey’s was once a pizza joint but I could have been wrong. I found Stress, disheveled as usual, in the lobby.‘You’re late,’ he said. I wasn’t, but he’s thatkinda guy. He says ‘Jump!’ and you say ‘With or without my legs?’ We got our free Cokes from Shakey himself, who led us down the hall. (shrink)

This essay argues for the relevance of the history of family life to the history of science, taking the example of the Exners of Vienna. The Exners were an influential case of the nineteenth‐century European phenomenon of the “scientific dynasty.” The focus here is on their collaborative research on color theory at the turn of the twentieth century. At first glance, this project looks like a reactionary strike against aesthetic innovation, a symptom of what historians assume was an unbridgeable gulf (...) between scientific reason and artistic modernism. We can better understand the Exners’ motivations by situating this research at the intersection of the family's public and private lives. The domestic context sheds light on their use of such scientific terms as “subjective,” “normal,” and “universal,” providing a more nuanced sense of what rationality really meant in fin‐de‐siècle Vienna. (shrink)

The process of seeking the consent of a patient to a medical procedure is, arguably, one of the most important skills a doctor, or indeed any clinician, should learn. In fact, the very idea that doctors may institute diagnostic or treatment processes of any sort without a patient's consent is utterly counter-intuitive to the modern practice of medicine. It was not always thus, and even now it can be reliably assumed that consent is still not sought and gained appropriately in (...) every clinical encounter. To say that it should be sought and gained in this manner elevates the value of consent to a high level. It can be instructive to ask oneself why such a value might be held to be the case. The answer to this question lies in the philosophical underpinning of clinical consent, which sits within a notion of personal autonomy, and respect for autonomous decision making. (shrink)

Clinical research employing the randomized clinical trial has, traditionally, been understood to pose an ethical dilemma. On the one hand, each patient ought to get the treatment that best meets her needs, as judged by the patient in consultation with her doctor. On the other hand, the method most helpful to advancing our understanding about what treatments are indeed best able to meet patient needs is the randomized trial, which necessitates that each patient's care is decided not by physician judgment (...) or patient choice but instead by random assignment. The tension can be described as a conflict between the interests of individual patients who are sick today, and the interests of the group of people who will become sick in the future and would benefit from advances in medical understanding. How one ought to balance these important and often competing interests is an important ethical question that resists easy resolution. (shrink)

L'A. presenta un'analisi della Lettera sull'anima, in cui Avicenna affronta il tema delle idee di esseri fittizi, come la fenice, ed in particolare la permanenza di tali idee nell'anima dopo la sua separazione dal corpo. Nella parte centrale dello studio l'A. esamina il rapporto fra la risposta avicenniana al problema ed alcuni elementi dottrinali caratterizzanti il pensiero del filosofo: il tema degli universali, della quidditas, o natura comune, e la distinzione fra essenza ed esistenza.

In Hume’s own day, and for nearly two hundred years after that, readers interested in his account of causal reasoning tended to focus on the skeptical implications of that account. For example, in his 1757 View of the Principal Deistical Writers of the Last and Present Century, John Leland characterized Hume as “endeavouring to destroy all reasoning, from causes to effects, or from effects to causes.”1 According to this sort of reading, as Louis Loeb describes it, “there is equal justification (...) for every belief about the unobserved—none whatsoever.”2 However, a consensus has now emerged in the secondary literature that while Hume is clearly skeptical about whether beliefs formed through causal inference are .. (shrink)

The issues of double-counting, use-constructing, and selection effects have long been the subject of debate in the philosophical as well as statistical literature. I have argued that it is the severity, stringency, or probativeness of the test—or lack of it—that should determine if a double-use of data is admissible. Hitchcock and Sober ([2004]) question whether this ‘severity criterion' can perform its intended job. I argue that their criticisms stem from a flawed interpretation of the severity criterion. Taking their criticism as (...) a springboard, I elucidate some of the central examples that have long been controversial, and clarify how the severity criterion is properly applied to them.1. Severity and Use-Constructing: Four Points (and Some Clarificatory Notes) 1.1. Point 1: Getting beyond ‘all or nothing’ standpoints1.2. Point 2: The rationale for prohibiting double-counting is the requirement that tests be severe1.3. Point 3: Evaluate severity of a test T by its associated construction rule R1.4. Point 4: The ease of passing vs. ease of erroneous passing: Statistical vs. ‘Definitional’ probability2. The False Dilemma: Hitchcock and Sober 2.1. Marsha measures her desk reliably2.2. A false dilemma3. Canonical Errors of Inference 3.1. How construction rules may alter the error-probing performance of tests3.2. Rules for accounting for anomalies3.3. Hunting for statistically significant differences4. Concluding Remarks. (shrink)

New advances in genomics changed the research landscape significantly in the last few years. The power and significance of already existing tissue collections is enhanced by their growing size, and all over the world national projects aim to connect with each other at the international level, calling for integrated and common regulations in the transnational research field. The post genomics era faces problems that are partially different from those within the classical bioethical framework. The challenge is to find new ways (...) to deal with regulations in order to facilitate research without frustrating personal rights. Informed Consent has been the center of this wide debate. We propose a model for rethinking consent in an open-time/open-goal framework suitable to genomics research. Consensus becomes more than a single legal step and goes more in the direction of a participated governance mechanism, a circular open process of communication which the IC sheet signature is just one instance of. This approach provides a governance framework based on different levels of consensus and participation that already contains mechanisms to resolve conflicts between different instances and to protect both the interest of research and the rights of participants. (shrink)

ArgumentBetween 1878 and 1880, Switzerland, Italy, and Japan initiated the world's first national earthquake commissions, but only the Swiss made ordinary citizens a vital part of this undertaking. This paper examines the texture of communication between Swiss scientists and lay observers and traces the development of a language for seismology that was simultaneously scientific and vernacular. This is the story of an aborted dialogue between scientists and citizens about living with environmental risk, an alternative abandoned on the way to the (...) increasingly technical science of the twentieth century. (shrink)

ArgumentWhat, if anything, uniquely defines the mountain as a “laboratory of nature”? Here, this question is considered from the perspective of meteorology. Mountains played a central role in the early history of modern meteorology. The first permanent year-round high-altitude weather stations were built in the 1880s but largely fell out of use by the turn of the twentieth century, not to be revived until the 1930s. This paper considers the unlikely survival of the Sonnblick observatory in the Austrian Alps. By (...) examining the arguments of the Sonnblick's critics and defenders, it reveals a seemingly paradoxical definition of the mountain as a space that simultaneously maximized isolation and communication. Drawing on the social and environmental history of the Alps, it shows how the Sonnblick came to appear as the perfect embodiment of this paradox. (shrink)

Seventeenth-century natural-law philosophers participated in colonizing and slave-trading companies, yet they discussed slavery as an abstraction. This dispassionate approach is commonly explained with the “distance thesis” that the practice of slavery was at some remove from Northwest Europe. I contest the thesis, with a specific focus on pre-Restoration English discourse and Hobbes's political theory. By laying out the salient context — English experience of Barbary-coast slavery and an inherited neo-Roman intellectual frame — I argue, first, that slavery was hardly a (...) distant phenomenon and, second, that Hobbes's discussion of slavery expressed ideas familiar in ordinary discourse. The conclusion contrasts the English neo-Roman outlook with Spanish neo-Aristotelianism. (shrink)

We should not think of babies as having a right to be born healthy. We cannot say what such a right involves, and if we could, enforcing it would infringe on the mother's most basic rights. Most importantly, positing such a right casts the fetus and mother as adversaries, and so destroys the maternal‐fetal relationship.

Hobbes's defense of absolutism involves the dual claims that consent is the foundation of legitimate authority and that sovereignty is necessarily absolute. It is a paradoxical combination of claims: If absolute government is the product of choice how can it also be the sole possible constitution? While all of Hobbes's contractarian successors have rejected his preference for absolutism, his dual claims have become commonplace. Since Hobbes, contract thinkers routinely assert that people will choose their preferred constitution and that it is (...) the only possible one. The essay examines the genesis of this paradoxical argumentation: Hobbes's genius lay in merging Grotius's contractarian rationale with Bodin's analytic view that sovereignty must be absolute. The final section discusses related criticisms of Rawls's contract theory. Rawls inherited a genre already flawed by the impluse to combine voluntarist with non-voluntarist reasoning. (shrink)