Two elderly sisters who lived together complained of discrimination on the ground that, when one of them died, the other would face a heavy inheritance tax bill, unlike the survivor of a marriage or civil partnership who enjoys a “spousal exemption” under the Inheritance Tax Act 1984. They lost in both the lower chamber of the European Court of Human Rights and on appeal to the Grand Chamber. At first instance, discrimination was found but held to be proportionate and justifiable; (...) in the Grand Chamber, no discrimination was found, as siblings and spouses/civil partners were held not to be in an analogous situation. As an attempt to avoid a tax borne only by the comparatively wealthy, this case might not naturally engage feminist sympathies. But it demonstrates how unworthy claims can produce positive results by drawing attention to society’s dismissive treatment of old people and calling into question the legal and economic privileges enjoyed by legally-bound couples at the expense of everyone else. (shrink)

In Feminism and the Power of Law Carol Smart argued that feminists should use non-legal strategies rather than looking to law to bring about women’s liberation. This article seeks to demonstrate that, as far as marriage is concerned, she was right. Statistics and contemporary commentary show how marriage, once the ultimate and only acceptable status for women, has declined in social significance to such an extent that today it is a mere lifestyle choice. This is due to many factors, including (...) the ‘sexual revolution’ of the 1960s, improved education and job opportunities for women, and divorce law reform, but the catalyst for change was the feminist critique that called for the abandonment (rather than the reform) of the institution and made the unmarried state possible for women. I conclude that this loss of significance has been more beneficial to British women in terms of the possibility of ‘liberation’ than appeals for legal change and recognition, and that we should continue to be wary of looking to law to solve women’s problems. (shrink)

In this article the author revisits Carol Smart’s 1989 publication Feminism and the power of law. She engages with Smart’s main claims by way of a number of other thinkers. Following Marianne Constable’s description of contemporary American legal thought as socio-legal, the author tentatively considers if it could be argued that some strains in contemporary legal feminism that adopted a sociological method resulted in a similar absence of justice that concerns Constable. Smart’s caution against the development of a feminist jurisprudence (...) is critically analysed with the benefit of hindsight. Drawing on Deleuze and Guattari, Foucault and Goodrich, the author tentatively considers the becoming of a feminist jurisprudence as a minor jurisprudence.What we most lack is a belief in the world, we’ve quite lost the world, it’s been taken from us. Sociology takes social creation to be the whole of what is and will be. (shrink)

In Barclay's Bank v. O'Brien(1993) the House of Lords extended the undue influence rules to heterosexual and homosexual cohabitees, a move that was widely welcomed and has been endorsed in Royal Bank of Scotland v. Etridge (No. 2) (2001). The paper argues that the extension to homosexual couples is inappropriate, since undue influence is largely a problem of heterosexuality. It is not accidental that there have been no reported cases of undue influence between lesbian or gay partners, not because abuses (...) of power do not occur within such relationships, but because they are free of the central causal factor of undue influence: not intimacy per se but the gendered power dynamic within heterosexual intimacy that has characterised almost all reported cases. The first part of the paper examines the courts' treatment of gay and lesbian couples in other areas of equity and concludes that the absence of gender role assumptions leads courts to treat lesbian and gay claimants more equitably than they do heterosexual women. The second part focuses on the potential for gay and, especially, lesbian relationships to act as models of more egalitarian relationships than heterosexual ones. The dominant discourse of inclusion within the gay and lesbian legal lobby is problematised, and the paper concludes that what is needed is social and judicial recognition of what is different, not what is the same, about our relationships. (shrink)

Canada’s Truth and Reconciliation Commission (TRC) is tasked with facing the hundred-year history of Indian Residential Schools. The South African Truth and Reconciliation Commission is frequently invoked in relation to the Canadian TRC, perhaps because this is one of the few TRCs worldwide that Canadians know. Whilst the South African TRC is mainly applauded as an international success, I argue that loose analogizing is often more emotive than concise. Whilst much indeed can be drawn from the South African experience, it (...) is important to specify the Canada–South Africa analogy. In this article, I do so by focussing on the institutional approach to truth and how this relates to issues of settler/White denial. The South African experience teaches that narrow approaches to truth collude with superficial views of reconciliation that deny continuities of violence. Consequently, I argue that Indigenous–settler reconciliation requires a broad truth that locates residential schools on a continuum of violence, linking extraordinary abuses with structural injustices and historic colonization with lived relationships. (shrink)

Rosemary Hennessy confronts some of the impasses in materialist feminist work on rethinking `woman' as a discursively constructed subject. She argues for a theory of discourse as ideology taking into account the work of Kristeva, Foucault and Laclau.

In this survey of feminist theory, Rosemarie Tong provides coverage of the psychoanalytic, existential and postmodern schools of feminism. The author guides the reader through the complexities of even the most notoriously difficult thinkers. Students will meet and become familiar with many of the essential figures in the feminist tradition, from Wollstonecraft and Engel, on through de Beauvoir, Dinnerstein, and Daly, and up to Mitchell and Cixous. The text treats all views with respect and encourages students to think critically and (...) sympathetically about a wide range of views that have a direct relevance to their own lives. (shrink)

This book utilizes both philosophical and biological approaches to address the various attitudes in the debate over animal rights. Rodd justifies ethical concern within a framework that is firmly grounded on evolutionary theory, and provides detailed discussion of practical situations in which ethical decisions have to be made. For moral philosophers, the book offers a biological background to the ethical questions involved. Biologists will find that it provides an approach to the ethics of animal rights which is rooted in biological (...) theory. This much-needed volume will be an invaluable guide to anyone who is concerned with animal welfare. (shrink)

The Japanese scholar Miura Baien (1723-1789) worked throughout his life to produce a philosophical analysis of the natural world. Misinterpretations of his intentions arise from drawing diagrams on his behalf that are inconsistent with his text, or by applying to his text Western academic terms that are quite foreign to his thought. When Baien's text is examined in his own terms we can understand its significant role in the scientific thought of the Edo period.

The purpose of this study was to determine the development of moral judgement in first-year and senior baccalaureate nursing students. These students were enrolled in three separate nursing programmes, each of which differed significantly in ethical content. The sample totalled 180 students enrolled in three New England programmes. Programme A included an ethics course taught by a professor of ethics. Programme B integrated ethical issues into all nursing theory courses. Programme C did not include ethical content in theory courses. The (...) design was of a developmental cross-sectional study. The dependent variable was the development of moral judgement, as measured by Rest’s Defining Issues Test. The independent variable was the amount of ethics taught in the nursing programmes and the level of academic education. The senior nursing students from programme A scored significantly higher than the other senior groups on the Defining Issues Test. The conclusion is that an ethics course with group participation and a decision-making element significantly facilitated nursing students’ development of moral judgement. (shrink)

Demographic differences among consumer groups have become increasingly important to the development of marketing strategies. Marketers depend heavily on the sales force to implement strategies at the consumer level and, not surprisingly, different groups may view the salesperson’s role differently. Unfortunately, unethical sales practices targeted at various consumer groups, and especially at seniors, have been utilized as well. The purpose of this study is to provide initial empirical evidence of the ethical ideological make-up of four age segments outlined by Strauss (...) and Howe (1991, Generations: The History of America’s Future 1584–2069, Morrow, New York) and to examine the propensity for these groups (seniors, in particular) to respond differentially to potentially unethical sales tactics. Data were collected from 179 respondents representing the four generational age groups. MANOVA revealed that the seniors in this study were distinct with respect to ethical ideology and less accepting of unethical sales tactics. Managerial implications are discussed for sales organizations to maximize their effectiveness across consumer groups. (shrink)

The relationship between international order and justice has long been central to the study and practice of international relations. For most of the twentieth century, states and international society gave priority to a view of order that focused on the minimum conditions for coexistence in a pluralist, conflictual world. Justice was seen either as secondary or sometimes even as a challenge to order. Recent developments have forced a reassessment of this position. This book sets current concerns within a broad historical (...) and theoretical context; explores the depth and scope of this presumed solidarism amidst the difficulties of acting on the basis of a more strongly articulated liberal position; and underscores the complexity and abiding tensions inherent in the relationship between order and justice. Chapters examine a wide range of state and transnational perspectives on order and justice, including those from China, India, Russia, the United States, and the Islamic world. Other chapters investigate how the order-justice relationship is mediated within major international institutions, including the United Nations, the World Trade Organization and the global financial institutions. (shrink)

This book attempts to relate a theory of liberty to the practice of education, and to work out the implications of beliefs about freedom for our schools and classrooms. The author makes a plea for greater respect for children and argues for greater democracy in education.

"Künstlerische Selbstverletzung - seit den 1960er Jahren international fester Bestandteil der Performance Art - polarisiert, verstört und wirft vor allem Fragen nach Handlungsmotivationen auf. Rosemarie Brucher deutet dieses radikale Phänomen als Bewältigungsversuch bedrohter Autonomie und damit in erster Linie als Ermächtigungsstrategie. In dieser Ambivalenz aus Subjektermächtigung und Naturunterwerfung lässt sich künstlerische Selbstverletzung vor dem Hintergrund von Immanuel Kants Ästhetik des Erhabenen lesen, was die Autorin exemplarisch an VALIE EXPORT und Stelarc darlegt. Eine solche Bezugsetzung eröffnet nicht nur einen innovativen Zugang (...) zu dieser Kunstform, sondern wirft zugleich auch ein neues Licht auf Kants Erhabenheitskonzeption"--Back cover. (shrink)

1. IntroductionA paternalistic act is one in which the protection or promotion of a subject's welfare is the primary reason for attempted or successful coercive interference with an action or state of that person. My aim in this paper is to determine the conditions under which such acts are Justified. The route I take is through the concept of consent, with actual consent providing the foundation for a rather complex condition which I claim is necessary and sufficient for the Justification (...) of paternalism.Because a paternalistic act apparently violates a subject's right to non-interference, it constitutes a problem in the general area of rights. Ideally, then, one should have a developed and convincing theory of rights — that is, a theory which contains an analysis of the concept of a right, and offers solutions to the central problems, e.g. who has rights and why, what considerations override prima facie rights, and how the relative importance of prima facie rights is determined — from which the solutions to various problems about paternalism can be derived. (shrink)

Pure time preference is a preference for something to come at one point in time rather than another merely because of when it occurs in time. In opposition to Sidgwick, Ramsey, Rawls, and Parfit we argue that it is not always irrational to be guided by pure time preferences. We argue that even if the mere difference of location in time is not a rational ground for a preference, time may nevertheless be a normatively neutral ground for a preference, and (...) this makes it plausible to claim that the preference is rationally permitted. (shrink)

Even today entering Neapolis, modern day Kavala, in Greece it is possible to imagine Paul stepping off a ship onto the landing. This is the craft of the author of Luke's Gospel and the Acts of the Apostle to engage the hearer in the narrative he constructs: in Acts, the birth and mission of the church is a story in which the audience have a role. According to Acts, Paul followed a vision, a call from a certain Macedonian to 'Come (...) over to Macedonia and help us'. What would he have expected to find as he set out on a sea voyage from Asia to Macedonia, the home of Alexander the Great? Paul's landing is commemorated on a wall mosaic with ancient stone bollards and pillars slightly inland from the current promenade where the fishing boats line up around the bay. Paul's embarkation on this journey has all the hallmarks of mission. His journey will take him to Philippi and beyond. The focus here is particularly on his encounter with Lydia and the flourishing of this mission in a distinct and different place with new opportunities for the development and growth of leadership and community. In particular I will concentrate on the insights of this narrative for the engagement with new frontiers in our present day. (shrink)

BackgroundIn this manuscript, we argue that within the context of phase IV, physician-researchers retain their fiduciary obligation to treat the patient-participants.DiscussionWe first clarify why the perspective that research ethics ought to be differentiated from clinical ethics is not applicable in phase IV, and therefore, why therapeutic orientation is most convivial in this phase. Next, assuming that ethics guidelines may be representative of common morality, we show that ethics guidelines see physician-researchers primarily as physicians and only secondarily as researchers. We then (...) elaborate on what a fiduciary obligation is and how some of the obligations are default duties. Lastly, we look at the fiduciary obligation of the physician-researcher in phase IV interventional trials.ConclusionThe fiduciary obligation to treat is not as easily waived as in earlier trials. Assuming the entwinement of research and practice in phase IV, physician-researchers, in collaboration with other researchers, investigators, and research ethics committees, should ensure that in terms of study design, methodology, and research practice, the therapeutic value of the research to the patient-participants is not diminished. (shrink)

In the first book of its kind, Garland-Thomson defines staring, explores the factors that motivate it, and considers the targets and the effects of the stare.

We investigate how the perceived uncertainty of a conditional affects a person's choice of conclusion. We use a novel procedure to introduce uncertainty by manipulating the conditional probability of the consequent given the antecedent. In Experiment 1, we show first that subjects reduce their choice of valid conclusions when a conditional is followed by an additional premise that makes the major premise uncertain. In this we replicate Byrne. These subjects choose, instead, a qualified conclusion expressing uncertainty. If subjects are given (...) a third statement that qualifies the likelihood of the additional premise, then the uncertainty of the conclusions they choose is systematically related to the suggested uncertainty. Experiment 2 confirms these observations in problems that omit the additional premise and qualify the first premise directly. Experiment 3 shows that the qualifying statement also affects the perceived probability of the consequent given the antecedent of the conditional. Experiment 4 investigates the effect of suggested uncertainty on the fallacies and shows that increases in uncertainty reduce the number of certain conclusions that are chosen while affirming the consequent but have no effect on denying the antecedent. We discuss our results in terms of rule theories and mental models and conclude that the latter give the most natural account of our results. (shrink)

BackgroundIn research ethics, the most basic question would always be, “which is an ethical issue, which is not?” Interestingly, depending on which ethics guideline we consult, we may have various answers to this question. Though we already have several international ethics guidelines for biomedical research involving human participants, ironically, we do not have a harmonized document which tells us what these various guidelines say and shows us the areas of consensus. In this manuscript, we attempted to do just that.MethodsWe extracted (...) the imperatives from five internationally-known ethics guidelines and took note where the imperatives came from. In doing so, we gathered data on how many guidelines support a specific imperative.ResultsWe found that there is no consensus on the majority of the imperatives and that in only 8.2 % of the imperatives were there at least moderate consensus. Of the 12 clusters, Informed Consent has the highest level of consensus and Research Collaboration and Regulatory Sanctions have the least.ConclusionThere was a lack of consensus in the majority of imperatives from the five internationally-known ethics guidelines. This may be partly explained by the differences among the guidelines in terms of their levels of specification as well as conceptual/ideological differences. (shrink)

ABSTRACTBusiness actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well-enforced. This article argues that the logic of double effect, which has been developed and deployed in other areas of practical ethics, can be useful in helping business actors decide whether or not to pursue potentially harmful activities in commonplace business activity. The article illustrates (...) how LDE helps to explain the exploitative nature of payday lending, the distinction between permissible and impermissible forms of market competition, and the potential wrong of imposing risk of harm on others. The article also addresses foundational debates about LDE itself. We offer the article as an illustration of the sort of “midlevel” theorizing that can address directly the needs of practitioners. (shrink)