Financially significant relationships between corporations and non-profit organizations have increased in recent years. NPOs offer access to interests and ideologies that are lacking within most for-profit organizations. These partnerships form a unique bridge between for-profit and non-profit goals and offer significant potential to produce innovative ways of “doing business by doing good.” Exploration of the structural implications of these relationships, however, has been limited. The potential for ideological imbalance in these relationships, particularly for the NPO, has been poorly described. We (...) explore the structure of Corporate–NPO relationships from the NPO's perspective under high pressure conditions such as large relational investments or negative pressure from stakeholders. Using data collected from 20 NPOs in Australia, we identified the use by NPOs of both formal and informal governance mechanisms within their partnerships. These mechanisms acted to align and defend important goals of the NPO. They allowed the NPO and their corporate partners to be simultaneously “together and apart.” Our study offers important insight toward the study of cross-sector relationships and the role of governance mechanisms. (shrink)

Voluntary management standards for social and environmental performance ideally help to define and improve firms’ related capabilities. These standards, however, have largely failed to improve such performance as intended. Over-emphasis on institutional factors leading to adoption of these standards has neglected the role of firms’ existing capabilities. External pressures can drive firms to adopt standards more than their technical capacity to employ them. This can lead to problems of “fit” between institutional requirements and a firm’s existing capabilities . We describe (...) a conceptual model that considers the impact of an interaction between a firm’s institutional requirements and its existing capabilities on standards failure. We suggest solutions that align institutional requirements to appropriate governance forms as a means to improve standards success. We contribute to theory by describing the role of firms’ internal capabilities to the success of voluntary management standards and the reliability of self-regulation generally. (shrink)

Financially significant relationships between corporations and non-profit organizations (NPOs) have increased in recent years. NPOs offer access to interests and ideologies that are lacking within most forprofit organizations. These partnerships form a unique bridge between for-profit and non-profit goals and offer significant potential to produce innovative ways of "doing business by doing good." Exploration of the structural implications of these relationships, however, has been limited. The potential for ideological imbalance in these relationships, particularly for the NPO, has been poorly described. (...) We explore the structure of Corporate-NPO relationships from the NPO's perspective under high pressure conditions such as large relational investments or negative pressure from stakeholders. Using data collected from 20 NPOs in Australia, we identified the use by NPOs of both formal and informal governance mechanisms within their partnerships. These mechanisms acted to align and defend important goals of the NPO. They allowed the NPO and their corporate partners to be simultaneously "together and apart."Our study offers important insight toward the study of cross-sector relationships and the role of governance mechanisms. (shrink)

This paper explains how the practice of ‘no platforming’ can be reconciled with a liberal politics. While opponents say that no platforming flouts ideals of open public discourse, and defenders see it as a justifiable harm-prevention measure, both sides mistakenly treat the debate like a run-of-the-mill free speech conflict, rather than an issue of academic freedom specifically. Content-based restrictions on speech in universities are ubiquitous. And this is no affront to a liberal conception of academic freedom, whose purpose isn’t just (...) to protect the speech of academics, but also to give them the prerogative to determine which views and speakers have sufficient disciplinary credentials to receive a hearing in academic contexts. No platforming should therefore be acceptable to liberals, in principle, in cases where it is used to support a university culture that maintains rigorous disciplinary standards, by denying attention and credibility to speakers without appropriate disciplinary credentials. (shrink)

Across the country, legal and health care professionals who understand that health outcomes are most influenced by social and environmental conditions have improved patient health by adopting the interdisciplinary MLP health care delivery model. However, the MLP field cannot advance population health, let alone long-term health equity, until it addresses the structural determinants of health inequity that are rooted in discrimination, segregation, and other forms of racial and ethnic subordination.

The verb to legitimate is often used in political discourse in a way that is prima facie perplexing. To wit, it is often said that an actor legitimates a practice which is officially prohibited in the relevant context – for example, that a worker telling sexist jokes legitimates sex discrimination in the workplace. In order to clarify the meaning of statements like this, and show how they can sometimes be true and informative, we need an explanation of how something that (...) is officially illegitimate can have a kind of ersatz legitimacy conferred on it, and how this can occur even when the actor ‘doing the legitimating’ lacks formal authority. I examine one putative explanation centred around the phenomenon of normalization, and I highlight some advantages that this account has in comparison to an alternative explanation, one that makes reference to the phenomenon of licensed authority. (shrink)

The standard view of academic freedom and free speech is that they play complementary roles in universities. Academic freedom protects academic discourse, while other public discourse in universities is protected by free speech. Here I challenge this view, broadly, on the grounds that free speech in universities sometimes undermines academic practices. One defense of the standard view, in the face of this worry, says that campus free speech actually furthers the university’s academic aims. Another says that universities have a secondary (...) democratic function, which cannot be fulfilled without free speech on campus. I identify shortcomings in both types of arguments. (shrink)

Patients belonging to ethnic, racial, and religious minorities have been all but excluded from the legal academy’s ongoing conversation about informed consent. Perhaps this is just as well, since the conversation appears to have concluded that the doctrine has failed to serve as a meaningful regulation of clinical relationships. Informed consent does not operate in practice the way it was intended in theory. More than a decade ago, Peter Schuck noted the “informed consent gap” that distinguishes the “proper” law of (...) informed consent “on the books” from the actual consent law in action, and called for a more contextualized approach to informed consent. Susan Wolf later called for a systemic approach to informed consent in order to accommodate multiple decision points in the managed care setting. Some reformers have sought enhancements to expand the doctrine. (shrink)

Creative Ways to Learn Ethics is an accessible, easy-to-read guide that compiles a variety of ethics trainings to help professionals stimulate their minds, relieve stress, and increase engagement and memory retention. The book uses a range of experiential and thought-provoking approaches, including contemplative exercises, expressive arts, games, and media. Each chapter contains objectives, detailed procedures, adaptations for different audiences, and handouts. Trainers, educators, clinicians, and other mental health professionals can use these exercises in various settings and modify them to meet (...) the needs of their clients. (shrink)

Permissivism says that for some propositions and bodies of evidence, there is more than one rationally permissible doxastic attitude that can be taken towards that proposition given the evidence. Some critics of this view argue that it condones, as rationally acceptable, sets of attitudes that manifest an untenable kind of arbitrariness. I begin by providing a new and more detailed explication of what this alleged arbitrariness consists in. I then explain why Miriam Schoenfield’s prima facie promising attempt to answer the (...) Arbitrariness Objection, by appealing to the role of epistemic standards in rational belief formation, fails to resolve the problem. Schoenfield’s strategy is, however, a useful one, and I go on to explain how an alternative form of the standards-based approach to Permissivism – one that emphasizes the significance of the relationship between people’s cognitive abilities and the epistemic standards that they employ – can respond to the arbitrariness objection. (shrink)

The last two decades have seen two significant trends emerging within the philosophy of science: the rapid development and focus on the philosophy of the specialised sciences, and a resurgence of Aristotelian metaphysics, much of which is concerned with the possibility of emergence, as well as the ontological status and indispensability of dispositions and powers in science. Despite these recent trends, few Aristotelian metaphysicians have engaged directly with the philosophy of the specialised sciences. Additionally, the relationship between fundamental Aristotelian concepts—such (...) as "hylomorphism", "substance", and "faculties"—and contemporary science has yet to receive a critical and systematic treatment. _Neo-Aristotelian Perspectives on Contemporary Science _aims to fill this gap in the literature by bringing together essays on the relationship between Aristotelianism and science that cut across interdisciplinary boundaries. The chapters in this volume are divided into two main sections covering the philosophy of physics and the philosophy of the life sciences. Featuring original contributions from distinguished and early-career scholars, this book will be of interest to specialists in analytical metaphysics and the philosophy of science. (shrink)

The confluence of racial unrest and Medicaid expansion in Virginia should inspire a national reimagining of how health care can contribute to health equity. Hospitals in particular can leverage their role as economic drivers in communities to equalize health and social outcomes for all. The urgent need for innovative opioid intervention presents a fertile proving ground for new ways that hospitals can act to reduce the impact of racial inequity. Inspired by the role hospitals played to achieve desegregation during the (...) Civil Rights era, this essay proposes an integrated approach to use Medicaid expansion to advance health and racial healing in America. (shrink)

Patients belonging to ethnic, racial, and religious minorities have been all but excluded from the legal academy's on-going conversation about informed consent. This article repairs that egregious omission. It begins by observing the narrowing of ethical justifications that underlie our informed consent law, tracing the ethical literature from the ancients to modern formulations of autonomy-centered models. Next, this article reviews the vast body of empirical data available in social science literature, that demonstrates how distinct from the autonomy model the broad (...) range of values and priorities held by patients from racial, ethnic, and religious minority groups is. The conclusion that informed consent's focus on the western notion of autonomy affirmatively harms minority patients is inescapable. The article concludes by offering a fiduciary model of informed consent law that could improve the quality of health care for more than 100 million minority patients, potentially at risk under current law while also regulating the informed consent procedure and practice in a way that will bring balance and justice to all American patients and providers. (shrink)

Proponents of the view which I call ‘moral antitheodicy’ call for the theistic discourse of theodicy to be abandoned, because, they claim, all theodicies involve some form of moral impropriety. Three arguments in support of this view are examined: the argument from insensitivity, the argument from detachment, and the argument from harmful consequences. After discussing the merits of each argument individually, I attempt to show that they all must presuppose what they are intended to establish, namely, that the set of (...) premises advanced in any given theodicy will be untenable. I conclude by discussing what uses there might be for the moral critique of theodicy, if it cannot be used to ground a global rejection of theodical practice. (shrink)

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures whose wide-scale operations lower the social status of members of (...) targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies. (shrink)

Includes bibliographical references and index.

Should we implement epistemically paternalistic measures outside of the narrow range of cases, like legal trials, in which their benefits and justifiability seem clear-cut? In this chapter I draw on theories of student-led pedagogy, and Jane Friedman’s work on norms of inquiry, to argue against this prospect. The key contention in the chapter is that facts about an inquirer’s interests and temperament have a bearing on whether it is better for her to, at any given moment, pursue epistemic goods via (...) outward-facing evidence-acquisition, or in a more introspective, ratiocinative fashion. This makes problems for any non-consultative approach to assisting people in inquiry, and speaks in favor of approaches which, as with student-led pedagogy, aim to ‘tap into’ the inquirer’s interests and temperament in helping them to learn. (shrink)

In disagreements about trivial matters, it often seems appropriate for disputing parties to adopt a ‘middle ground’ view about the disputed matter. But in disputes about more substantial controversies (e.g. in ethics, religion, or politics) this sort of doxastic conduct can seem viciously acquiescent. How should we distinguish between the two kinds of cases, and thereby account for our divergent intuitions about how we ought to respond to them? One possibility is to say that ceding ground in a trivial dispute (...) is appropriate because the disputing parties are usually epistemic peers within the relevant domain, whereas in a more substantial disagreement the disputing parties rarely, if ever, qualify as epistemic peers, and so ‘sticking to one’s guns’ is usually the appropriate doxastic response. My aim in this paper is to explain why this way of drawing the desired distinction is ultimately problematic, even if it seems promising at first blush. (shrink)

Toby Handfield has advanced a subtle form of dispositionalism that purports to reconcile the concept of causal powers with broadly Humean convictions by dissolving the requirement for objectively modal relations between powers and their manifestations. He suggests we should identify manifestations with certain types of causal processes, and identify powers with properties that are parts of their structures. The modal features of causal powers can then be explained in terms of internal relations between a power and the property of being (...) a certain type of causal process, but these relations are supervenient and do not add anything to the basic ontology. In this way, causal powers may be ‘connected’ to their manifestations without admitting objectively modal relations. I disagree with this characterisation of causal powers and its identification of manifestations with types of causal processes: I question the assumption that causal processes can be isolated in quantum physics in the way Handfield requires and confront Humean dispositionalism with the problem of individuating powers in an entangled world. (shrink)

Antonio Acevedo Escobedo fue uno de los autores más prolíficos y uno de los promotores culturales más destacados del siglo XX. Durante su larga carrera tuvo una predilección por temas como la historia de nuestras letras y la recuperación de escritores olvidados. Mientras fue Jefe del Departamento de Literatura del INBA, impulsó unos ciclos de conferencias enfocados a estas cuestiones. Entre éstas destacó “La confidencia epistolar”, en donde invitó a autores renombrados a relatar frente al público algunos pasajes de su (...) correo. Antonio Acevedo Escobedo sólo fue organizador, pero con el tiempo se fue develando que su correspondencia era aparte de cuantiosa, profusa en datos que ayudarán, sin lugar a duda, a completar el panorama literario del siglo pasado. El presente artículo es un repaso por la relación que tuvo Acevedo Escobedo con el género epistolar y una revisión de algunas cartas de su archivo personal. (shrink)

In this follow up to The Eudemian Ethics of Aristotle, Peter L. P. Simpson centers his attention on the basics of Aristotelian moral doctrine as found in the Great Ethics: the definition of happiness, the nature and kind of the virtues, pleasure, and friendship. This work's authenticity is disputed, but Simpson argues that all the evidence favors it. Unlike the Nicomachean and Eudemian Ethics, Aristotle wrote the Great Ethics for a popular audience. It gives us insight less into (...) Aristotle the theoretician than into Aristotle the pedagogue. For this reason, the Great Ethics has distinct advantages as an introduction to Aristotelian ethical thinking: it is simpler and clearer in its argumentation, matters such as the intellectual virtues are made suitably secondary to the practical focus, the moral virtues come through with a pleasing directness, and the work's syllogistic formalism gives it a transparency and accessibility that the other Ethics typically lack. Arius' Epitome, which relies heavily on this work, helps confirm its value and authenticity. Because the Great Ethics is generally neglected by scholars, less has been done to clear up its obscurities or to expose its structure. But to ignore it is to lose another and more instructive way of approaching and appreciating Aristotle's teaching. The translation is prefaced by an analytic outline of the whole, and the several sections of it are prefaced by brief summaries. The commentary supplies fuller descriptions and analyses, sorting out puzzles, removing misunderstandings, and resolving doubts of meaning and intention. This book is a fresh rendition of the work of the preeminent philosopher of all time. (shrink)

Shills are people who endorse products and companies for pay, while pretending that their endorsements are ingenuous. Here we argue that there is something objectionable about shilling that is not reducible to its bad consequences, the lack of epistemic conscientiousness it often relies upon, or to the shill’s insincerity. Indeed, we take it as a premise of our inquiry that shilling can sometimes be sincere, and that its wrongfulness is not mitigated by the shill’s sincerity, in cases where the shill (...) is sincere. Our proposal is that the shill’s defining characteristic is their knowingly engaging in a kind of speech that obscures a certain aspect of its social status – most commonly, by pretending to speak on their own personal behalf, while in fact speaking as an employee – and that this sort of behaviour is objectionable irrespective of any other features of the shill’s conduct. This sort of obfuscation undermines a socially beneficial communicative custom, in which we conscientiously mark the distinction between personal speech and speech-for-hire. (shrink)

Several recent critiques of theodicy have incorporated some form of moral objection to the theodical enterprise, in which the critic argues that one ought not to engage in the practice of theodicy. In defending theodical practice against the moral critique, Atle O. Søvik argues that the moral critique (1) begs the question against theodicy, and (2) misapprehends the implications of the claim that it is inappropriate to espouse a theodicy in certain situations. In this paper I suggest some sympathetic emendations (...) for Søvik's theodical apologetic, but I argue against Søvik's claim that the moral critique of theodicy is altogether irrelevant. (shrink)

This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an (...) embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies—but uncovers that finding a harm in a declining sex ratio depends on a static conception of the human form, based on unfounded assumptions of ‘naturalness’ and ‘normalcy’. Elizabeth Grosz’s theory of ‘becoming’ offers a compelling challenge, essentially pointing to the conclusion that we should find harm where we find illness and suffering and not simply where we find difference. At the same time, we cannot discount the political economy of the pollution: the paper concludes by returning the focus to the role of power, colonialism and the state in the perpetuation of the pollution on the landscape. (shrink)

Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate speech effects its harms is built around claims (...) about hate speech’s influence on children, then we will be better placed to acquire evidence that demonstrates the processes posited in our account, and better placed to ascribe responsibility for these harms to individuals who engage in hate speech. I briefly suggest some policy implications that come with developing an account of the harm of hate speech along these lines. (shrink)

Counterspeech is communication that tries to counteract potential harm brought about by other speech. Theoretical interest in counterspeech partly derives from a libertarian ideal – as captured in the claim that the solution to bad speech is more speech – and partly from a recognition that well-meaning attempts to counteract harm through speech can easily misfire or backfire. Here we survey recent work on the question of what makes counterspeech effective at remedying or preventing harm, in those cases where it (...) is effective, as well as work investigating when and why there is a duty to engage in counterspeech. We suggest that the most fruitful area for philosophical inquiry on this topic, currently, relates to the questions about efficacy. Specifically, we argue that there is a need for better frameworks for conceptualizing the efficacy of counterspeech. Philosophers have collaborative work to do, alongside social scientists, in developing these frameworks. (shrink)

O tratado de Górgias sobre o nada é dividido por meio da prova de três teses diferentes: 1) que o nada é ou existe; 2) que mesmo que haja algo, não pode ser conhecido; 3) que mesmo que pudesse ser conhecido, não poderia ser comunicado a outrem. Estas teses são tão opostas a Parmênides quanto qualquer tese poderia sê-lo. O tratado de Górgias é uma proeza da polêmica antiparmenidiana. Sua dialética também é uma façanha ao reduzir algo ao absurdo, porque (...) as premissas de que Górgias se utiliza para derrubar Parmênides são tomadas do próprio Parmênides ou da escola parmenidiana. Ademais, e pela mesma razão, os argumentos de Górgias não podem ser derrubados sem abrir mão da tese de Parmênides, de que o ser é uno. Que o ser não é uno é a própria condição de uma metafísica sadia. Por esta razão, que não por outra qualquer, Górgias, e não Parmênides, merece ser lembrado como o primeiro metafísico. (shrink)

CHAPTER ONE INTRODUCTION S 1.1: THE AIMS OF THIS BOOK ... God has not been so sparing to men to make them barely two- legged creatures, and left it to ...

A distinguished critic explores the term "situatedness" - the self's position in time and place in the world and its treatment seen in legal theory, social ...

Originally published in 1988, this book provides a comprehensive anthology in English of the major texts of German literary and aesthetic theory between Lessing ...

In free speech theory ‘speech’ has to be defined as a special term of art. I argue that much free speech discourse comes with a tacit commitment to a ‘Subtractive Approach’ to defining speech. As an initial default, all communicative acts are assumed to qualify as speech, before exceptions are made to ‘subtract’ those acts that don’t warrant the special legal protections owed to ‘speech’. I examine how different versions of the Subtractive Approach operate, and criticise them in terms of (...) their ability to yield a substantive definition of speech which covers all and only those forms of communicative action that – so our arguments for free speech indicate – really do merit special legal protection. In exploring alternative definitional approaches, I argue that what ultimately compromises definitional adequacy in this arena is a theoretical commitment to the significance of a single unified class of privileged communicative acts. I then propose an approach to free speech theory that eschews this theoretical commitment. (shrink)

Intended as an antidote to feel-good politics, this text aims to give readers the strength to admit they are not glad to be gay after all. The author considers topics including why most contemporary gay culture is trash and why being gay is like being in a religious cult, except not so open-minded.

In recent years, several remarkable results have shown that certain theorems of finite combinatorics are unprovable in certain logical systems. These developments have been instrumental in stimulating research in both areas, with the interface between logic and combinatorics being especially important because of its relation to crucial issues in the foundations of mathematics which were raised by the work of Kurt Godel. Because of the diversity of the lines of research that have begun to shed light on these issues, there (...) was a need for a comprehensive overview which would tie the lines together. This volume fills that need by presenting a balanced mixture of high quality expository and research articles that were presented at the August 1985 AMS-IMS-SIAM Joint Summer Research Conference, held at Humboldt State University in Arcata, California.With an introductory survey to put the works into an appropriate context, the collection consists of papers dealing with various aspects of 'unprovable theorems and fast-growing functions'. Among the topics addressed are: ordinal notations, the dynamical systems approach to Ramsey theory, Hindman's finite sums theorem and related ultrafilters, well quasiordering theory, uncountable combinatorics, nonstandard models of set theory, and a length-of-proof analysis of Godel's incompleteness theorem. Many of the articles bring the reader to the frontiers of research in this area, and most assume familiarity with combinatorics and/or mathematical logic only at the senior undergraduate or first-year graduate level. (shrink)

“Medicalization” has been a contentious notion since its introduction centuries ago. While some scholars lamented a medical overreach into social domains, others hailed its promise for social justice advocacy. Against the backdrop of a growing commitment to health equity across the nation, this article reviews historical interpretations of medicalization, offers an application of the term to non-biologic risk factors for disease, and presents the case of housing the demonstrate the great potential of medicalizing poverty.

In a recent paper in this journal, McIntosh ( 2021 ) argues that a modalized version of an epistemic principle of phenomenal conservativism can be used to successfully defend the key possibility premise of the modal ontological argument for the existence of God. I argue, however, that such a defense of the possibility premise is not going to be successful even if one concedes a number of contentious claims to McIntosh.

Albert Camus Albert Camus was a French-Algerian journalist, playwright, novelist, philosophical essayist, and Nobel laureate. Though he was neither by advanced training nor profession a philosopher, he nevertheless made important, forceful contributions to a wide range of issues in moral philosophy in his novels, reviews, articles, essays, and speeches—from terrorism and political violence to … Continue reading Camus, Albert →.

Albert Camus Albert Camus was a French-Algerian journalist, playwright, novelist, philosophical essayist, and Nobel laureate. Though he was neither by advanced training nor profession a philosopher, he nevertheless made important, forceful contributions to a wide range of issues in moral philosophy in his novels, reviews, articles, essays, and speeches—from terrorism and political violence to … Continue reading Camus, Albert →.

Blaise Pascal (1623–1662) Blaise Pascal was a French philosopher, mathematician, scientist, inventor, and theologian. In mathematics, he was an early pioneer in the fields of game theory and probability theory. In philosophy he was an early pioneer in existentialism. As a writer on theology and religion he was a defender of Christianity. Despite chronic ill […].

In this paper we examine the ethical implications of emerging Nanotechnologically Enhanced Combat Systems (or 'NECS'). Through a combination of materials innovation and biotechnology, NECS are aimed at making combatants much less vulnerable to munitions that pose a lethal threat to soldiers protected by conventional armor. We argue that increasing technological disparities between forces armed with NECS and those without will exacerbate the ethical problems of asymmetric warfare. This will place pressure on the just war principles of jus in bello, (...) by encouraging the resort to tactics that either (i) make it more difficult to respect these principles or (ii) directly violate them, by virtue of attacking non-combatants or creating disproportionate numbers of casualties without a clear military goal. (shrink)

The idea that human beings are intellectually self-governing plays two roles in free-speech theory. First, this idea is frequently called upon as part of the justification for free speech. Second, it plays a role in guiding the translation of free-speech principles into legal policy by underwriting the ascriptive framework through which responsibility for certain kinds of speech harms can be ascribed. After mapping out these relations, I ask what becomes of them once we acknowledge certain very general and profound limitations (...) in people's capacity for intellectual self-governance. I argue that acknowledging these limitations drastically undermines the putative justifications for free speech of the type that I identify in the first part of the paper. I then show how we can reformulate an account of intellectual and doxastic responsibility on which we may still be held responsible for what we think or believe even though we lack agent-causal capacities in our thinking and believing. Then, in light of this ascriptive account of intellectual responsibility, I show how the key ideahave minds of their owncan (and should) still play a significant role in guiding the legislative outworkings of free speech. (shrink)

The Devlin Commission Report of 1959 on the handling of the emergency in Nyasaland (Malawi) was unique in British colonial history. On no other occasion was a commission, chaired by a British judge, established to consider generally the response of a colonial government to a problem of law and order. Though now remembered mainly as an incident in decolonization, the report has a special legal significance in that it addresses the perennial problem of the relationship between respect for the rule (...) of law and the supposed need to suppress an insurrectionary movement. Documents now available make it possible to give a full account of the work of the commission, and of the processes whereby the text was modified so as to downplay Devlin's desire to publish a report which squarely faced this problem. The suppressed passages in the draft report are here published for the first time. (shrink)