This chapter asks whether there is a human right to close personal relationships. It begins by providing a prima facie argument in favour of such a right: humans’ interests in close personal relationships are important, universal, and fundamental. It then explains that there are problems with the distribution, demandingness, and motivation of the correlative duties. The result is that each individual bears a human right only to ‘intimacy consideration’, not to close personal relationships themselves. The chapter (...) then argues that things are different if we conceptualize the right as belonging to groups, rather than to individuals. It is argued that groups of co-intimates have rights that others respect, protect, and promote the group’s intimacy. The duties correlative to such group-held rights do not face the problems of distribution, demandingness, and motivation that plague the individually-held right. Group-held rights in this arena are an important moral and political tool. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of solitude, intimacy and confidentiality and shows that, so described, people have legitimate interests in privacy. These interests are both personal and political, and provide the grounds for two different justifications of privacy rights. Though both are based on democratic concerns for the freedom and equality of individuals, these two justifications (...) for privacy can be distinguished because the one is principally concerned with protecting the personal freedom and equality of individuals, while the other is principally concerned with their political equivalents. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, interpreting the content and justification of privacy rights in light of the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Background To investigate attitudes of staff, residents and family members in long-term care towards sex and intimacy among older adults, specifically the extent to which they conceptualise sex and intimacy as a need, a right, a privilege or as a component of overall well-being. Methods The present study was a part of a two-arm mixed-methods cross-sectional study using a concurrent triangulation design. A validated survey tool was developed; 433 staff surveys were collected from 35 facilities across the (...) country. Interviews were conducted with 75 staff, residents and family members. Results It was common for staff, residents and family members to talk about intimacy and sexuality in terms of rights and needs. As well as using the language of needs and rights, it was common for participants to use terms related to well-being, such as fun, happiness or being miserable. One participant in particular described receiving intimate touch as a ‘kind of care’—a particularly useful way of framing the conversation. Conclusion While staff, residents and family frequently used the familiar language of needs and rights to discuss access to intimate touch, they also used the language of well-being and care. Reframing the conversation in this way serves a useful purpose: it shifts the focus from simply meeting minimum obligations to a salutogenic approach—one that focuses on caring for the whole person in order to improve overall well-being and quality of life. No data are available. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

Disentangling Privacy and Intimacy: Intimate Citizenship, Private Boundaries and Public Transgressions Recent theorisations of transformations of intimacy—like Ken Plummer's (2003) Intimate Citizenship project—concentrate on social and cultural transformations that erode the containment of intimacy within the private sphere. They have less to say about the character of and oppositions to that erosion, and specifically how far the idea of the private stands in opposition to intimacy transgressing into the public. In this essay, the private is explored (...) through its constitutive features—liberal codifications of rights, liberty and property, medico-moral discourses and conservative values and legal and political regulation—to give a more political and critical reading. This reading suggests that an explicit disentangling of the private and the intimate is necessary if tendencies toward public and emancipated intimacies are to become meaningful transformations, and this involves a dissembling of and critical engagement with the powerful historically entrenched idea of privacy in western societies. (shrink)

From the Supreme Court to the bedroom, privacy is an intensely contested interest in our everyday lives and privacy law. Some people appeal to privacy to protect such critical areas as abortion, sexuality, and personal information. Yet, privacy skeptics argue that there is no such thing as a right to privacy. I argue that we cannot abandon the concept of privacy. If we wish to avoid extending this elusive concept to cover too much of our lives or shrinking it (...) to cover too little, we must come to understand it. After exploring the privacy arguments of philosophers and constitutional and tort privacy law, I argue for a new definition of privacy and an explanation of its value that clarifies and resolves many of our conflicts. Privacy is critical because it allows us to protect a realm in which we can have intimate relations with others. (shrink)

This article explores notions of intimacy in the caring context. The aspects discussed are: privacy and intimacy; intimacy as emotional and/or physical closeness; intimacy as touch; sexual intimacy and normal ageing; sexual intimacy and patients suffering from dementia; and intimacy as trust. Examples are given and problems are identified, with reflection on the attitude and behaviour of the carer. It is suggested that when trying to make moral decisions in concrete situations it is (...) imperative that the carer is aware of the values upon which his or her own thinking is based. It is argued that the guiding principle should be the moral assumption that the carer’s responsibility can never be interpreted as a right to disregard the wishes of the patient. Hence, the key word in daily care is ‘respect’. (shrink)

Why is it more violating to grab a stranger’s thigh or stroke their face than it is to grab their forearm? Why is it worse to read someone’s dream journal without permission than it is to read their bird watching field notes? Why are gestation mandates so incredibly intrusive? Intimacy is key to understanding these cases, and to explaining many of our most stringent rights. -/- I present two ways of thinking about intimacy, Relationship-First Accounts and the Intimate (...) Zones Account. I argue that only the Intimate Zones Account lets us cohesively understand intimacy’s importance, and the scope of our intimate rights. I characterize our intimate zones as meeting the Hiddenness and Importance Conditions. A feature’s meeting these conditions makes it a locus of special vulnerability by which our persons can be fundamentally altered. This special vulnerability explains why our duties to respect the intimate boundaries of others are so strict. (shrink)

What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in (...) shared practices that contribute to a sense of common identity, such as wearing certain hair or clothing styles or performing a certain style of music. Participation in such practices can generate relations of group intimacy, which can ground certain prerogatives in much the same way that interpersonal intimacy can. One such prerogative is making what we call an appropriation claim. An appropriation claim is a request from a group member that non-members refrain from appropriating a given element of the group’s culture. Ignoring appropriation claims can constitute a breach of intimacy. But, we argue, just as for the prerogatives of interpersonal intimacy, in many cases there is no prior fact of the matter about whether the appropriation of a given cultural practice constitutes a breach of intimacy. It depends on what the group decides together. (shrink)

How can I know something? How can I convince someone of the rightness of my position? How does reality function? What is artistic creativity? What is the role of the state? It is well known that people from various cultures give dissimilar answers to such philosophical questions. After three decades in the cross-cultural study of ideas and values, Thomas Kasulis found that culture influences not only the answers to these questions, but often how one arrives at the answers. In generalizing (...) cultural difference, Kasulis identifies two kinds of orientation: intimacy and integrity. Both determine how we think about relations among people and among things, and each is reasonable, effective, and consistent. Yet the two are so incompatible in their basic assumptions that they cannot successfully engage each other. Cultural difference extends beyond nations. Cultural identities crystallize in relation to religion, occupation, race, gender, class. Rather than attempt to transcend cultural difference, Kasulis urges a deeper awareness of its roots by moving beyond mere cultural relativism toward a cultural bi-orientationality that will allow us to adapt ourselves to different cultural contexts as the situation demands. Wonderfully clear and unburdened by jargon, Intimacy or Integrity is accessible to readers from a variety of perspectives and backgrounds. By analyzing the synergy between thought and culture, it increases our understanding of cultural difference and guides us in developing strategies for dealing with orientations different from our own. (shrink)

How can I know something? How can I convince someone of the rightness of my position? How does reality function? What is artistic creativity? What is the role of the state? It is well known that people from various cultures give dissimilar answers to such philosophical questions. After three decades in the cross-cultural study of ideas and values, Thomas Kasulis found that culture influences not only the answers to these questions, but often how one arrives at the answers. In generalizing (...) cultural difference, Kasulis identifies two kinds of orientation: intimacy and integrity. Both determine how we think about relations among people and among things, and each is reasonable, effective, and consistent. Yet the two are so incompatible in their basic assumptions that they cannot successfully engage each other. Cultural difference extends beyond nations. Cultural identities crystallize in relation to religion, occupation, race, gender, class. Rather than attempt to transcend cultural difference, Kasulis urges a deeper awareness of its roots by moving beyond mere cultural relativism toward a cultural bi-orientationality that will allow us to adapt ourselves to different cultural contexts as the situation demands. Wonderfully clear and unburdened by jargon, Intimacy or Integrity is accessible to readers from a variety of perspectives and backgrounds. By analyzing the synergy between thought and culture, it increases our understanding of cultural difference and guides us in developing strategies for dealing with orientations different from our own. (shrink)

How can I know something? How can I convince someone of the rightness of my position? How does reality function? What is artistic creativity? What is the role of the state? It is well known that people from various cultures give dissimilar answers to such philosophical questions. After three decades in the cross-cultural study of ideas and values, Thomas Kasulis found that culture influences not only the answers to these questions, but often how one arrives at the answers. In generalizing (...) cultural difference, Kasulis identifies two kinds of orientation: intimacy and integrity. Both determine how we think about relations among people and among things, and each is reasonable, effective, and consistent. Yet the two are so incompatible in their basic assumptions that they cannot successfully engage each other. Cultural difference extends beyond nations. Cultural identities crystallize in relation to religion, occupation, race, gender, class. Rather than attempt to transcend cultural difference, Kasulis urges a deeper awareness of its roots by moving beyond mere cultural relativism toward a cultural bi-orientationality that will allow us to adapt ourselves to different cultural contexts as the situation demands. Wonderfully clear and unburdened by jargon, Intimacy or Integrity is accessible to readers from a variety of perspectives and backgrounds. By analyzing the synergy between thought and culture, it increases our understanding of cultural difference and guides us in developing strategies for dealing with orientations different from our own. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 47, no. 2. © 2021 by Feminist Studies, Inc. 251 7 preface 8 In recent years, people all over the world have become ever more aware of being drawn into intimate—and unequal—relations with one another, whether through environmental crises, the COVID-19 pandemic, global economic commodity chains, violent conflicts, forced displacements, or political protests and social movements. This special issue features China’s so-called rising presence as one of (...) the key nodes in these global intimacies. The essays by Mei-Hua Chen and Hong-zen Wang, Sealing Cheng, and Wei Wei contribute new approaches to migrant intimacies across borders through their ethnographically rich analyses. Chen and Wang explore cross-border marriages and sex work between Taiwanese men and Mainland Chinese and southeast Asian women; Cheng investigates refugee marriages and the difficulties men from various African nations face in seeking asylum in Hong Kong; and Wei analyzes Mainland Chinese queer reproduction that uses transnational Assisted Reproductive Technologies (ARTs) to enable queer parents to have a genetic link with their children and to be more accepted in Chinese society. In his essay, Petrus Liu pushes us to move beyond the idea that a theory of gender construction traveled to China from the West and was wholly adopted there, instead demonstrating the complexities of gender theories in China in the age of the Beijing Consensus. Christina Yuen Zi Chung and Sasha Su-Ling Welland explore a broad range of artworks that critically reflect on China’s efforts to create a China-centered global Global Intimacies: China and/in the Global South 252Preface trading network. Paul Amar offers a “deimperial queer analysis” of the all-time top-earning Chinese film, Wolf Warrior 2, illuminating how it both buttresses China’s extractive and militarized investments in African nations and manifests anti-imperialist and utopian impulses. Poems by Zhai Yongming and Xu Lizhi feature the gendered and sexualized precarity and violence of recent social transformations in China resulting from China’s intimate linkages with the global capitalist economy. Finally, Cai Yiping’s News and Views offers a nuanced engagement with the Chinese government’s formal proclamations on women’s rights.1 In the first essay, “Flexible Intimacies in the Global Intimate Economy : Evidence from Taiwan’s Cross-Border Marriages,” Mei-Hua Chen and Hong-zen Wang demonstrate the fallacy of treating cross-border marriages and cross-border sex work as separate as well as grouping women dichotomously under one or the other set of practices. These two seemingly disparate categories are, in effect, produced by state immigration regulations and dominant intersectional discourses of gender, sexuality, and class. Rather than distinguishing between marriage migrants and economic migrants, or between real marriages and fake marriages, Chen and Wang demonstrate the overlapping means by which women from the Global South try to better their lives in what they call the global intimate economy—where the Global North appropriates the reproductive and intimate labor of women from the Global South. The authors develop the concept of “flexible intimacy” to highlight how migrant women treat marriage as an investment through which to improve their lives. They argue that many marriage migrants have economic motivations for cross-border marriage and that migrant sex workers, conversely, are often involved in intimate relationships. Chen and Wang focus their study on Taiwan, which they argue is economically part of the North but politically part of the South due to Mainland China’s “One China” policy, which has marginalized Taiwan in the international political arena. To assert its sovereignty, the Taiwanese government 1. These essays grew out of a Ford Foundation-funded series of workshops on China and/in the Global South: The Central Role of Gender and Sexuality, which took place in Beijing and also at the University of California, Santa Cruz. Thanks to the Ford Foundation grants, and especially Susie Jolly, Lisa Rofel and the authors have built a transnational network of scholars and activists addressing China’s transformed presence in the Global South. Preface 253 strictly controls border crossings by migrant women from China and Southeast Asia yet simultaneously allows Taiwanese husbands to appropriate migrant women’s intimate and reproductive labor. Both Taiwanese men and migrant women expect... (shrink)

The public discourse surrounding sex and severe disability over the past 40 years has largely focused on protecting vulnerable populations from abuse. However, health professionals and activists are increasingly recognising the inherent sexuality of disabled persons and attempting to find ways to accommodate their intimacy needs. This essay explores several ethical issues arising from such efforts.

(from the jacket) This book addresses the richness and depth of our personal relationships, especially those moments when we come to see ourselves and the other person in a new way. In such moments, Halling argues that we realize that however much we are influenced by heredity and upbringing, we are also agents with the capacity for openness and transcendence. Drawing upon qualitative research and stories, Halling discusses everyday experiences of surprise, including breakthroughs in relationships, disillusionment, and forgiveness, and emphasizes (...) the power of discovering another person's point of view. Halling demonstrates how the approach of phenomenological psychology allows us to do justice to human existence and especially to our capacity for transcendence and intimacy. (PsycINFO Database Record (c) 2012 APA, all rights reserved). (shrink)

This paper develops and explores the idea of moral entanglements: the ways in which, through innocent transactions with others, we can unintendedly accrue special obligations to them. More particularly, the paper explains intimacy-based moral entanglements, to which we become liable by accepting another's waiver of privacy rights. Sometimes, having entered into others' private affairs for innocent or even helpful reasons, one discovers needs of theirs that then become the focus of special duties of care. The general duty to warn (...) them of their need cannot directly account for the full extent of these duties, but does indicate why a silent retreat is impermissible. The special duties of care importantly rest on a transfer of responsibilities that accompanies the privacy waivers. The result is a special obligation of beneficence that, while grounded in a voluntary transaction, was never voluntarily undertaken. Impartialist views of beneficence cannot capture the relevant phenomena well. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

During the years leading up to the revolutions of 1848, liberal and conservative Germans engaged in a contest over the terms of the Enlightenment legacy and the meaning of Christianity--a contest that grew most intense in the Grand Duchy of Baden, where liberalism first became an influential political movement. Bringing insights drawn from Jewish and women's studies into German history, Dagmar Herzog demonstrates how centrally Christianity's problematic relationships to Judaism and to sexuality shaped liberal, conservative, and radical thought in the (...) pre-revolutionary years. In particular, she reveals how often conflicts over the "politics of the personal," especially over sex and marriage, determined "larger" political matters, among them the relationship between church and state and the terms on which Jews were granted civic rights. Herzog documents the rise of a politically sophisticated conservative Catholicism, and explores liberals' ensuing eagerness to advance a humanist version of Christianity. Yet she also examines the limitations at the heart of the liberal project, especially liberals' unwillingness to grant equality to those deemed "different" from the Christian male norm. Finally, the author analyzes the difficulties encountered by philosemitic and feminist radicals in reconceptualizing both classical liberalism and Christianity in order to make room for the claims of Jews and women. Originally published in 1996. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

While acknowledging the psychological experience of intimacy, evolutionary theory postulates proliferation as the underlying grounds for human relationships. Intimacy, according to evolutionary theory, is merely a psychological mechanism whereby sexual selection and parental investment are facilitated. Unfortunately, the assumption of an underlying evolutionary mechanism which governs human relationships including romantic love, jealousy, and parent–child bonds is fraught with problematic consequences. Unlike the evolutionary understanding of intimacy, the philosophy of E. Levinas offers an alternative conceptualization in which human (...) relationships themselves constitute the grounds of intimacy. This alternative conceptualization escapes the problematic consequences of evolutionary theory. Intimacy from this grounding is inextricably tied to the infinite obligation we take on in relation to others. Implications of this conceptualization are explored. 2012 APA, all rights reserved). (shrink)

The right to privacy is a moral concept that has been debated for centuries. This article traces the histo y of the concept and examines how the existence of a right to privacy has been defended by philosophers through the years. This article examines the strategies behind those arguments, showing how some of them are more convincing than others. Following this analysis is a practical argument for recognizing a universal right to privacy over intimate relationships and information. (...) Intimacy is a part of human dipity, and revealing it does not tell much about the character of politicians, or anyone else. Intimacy deserves protection. (shrink)

BackgroundThe existing literature on sexuality and intimacy in residential care tends to focus on either the question of rights, or the value of autonomy. Where the literature does reference values...

This paper offers a critical phenomenological view of the concept of access intimacy, a term coined by disability justice advocate Mia Mingus. Access intimacy refers to a mode of relation between disabled people or between disabled and non-disabled people that can be born of concerted cultivation or instantly intimated and centrally concerns the feeling of someone genuinely understanding and anticipating another’s access needs. Putting in conversation this notion of intimacy with Kym Maclaren’s critical phenomenological account of (...) class='Hi'>intimacy, I show how accessibility is not about what one person or institution can do for another but involves an ongoing, interpersonal process of relating and taking responsibility for our inevitable encroachment on one another in ways that enhance one another’s freedom. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Intimacy or Integrity: Philosophy and Cultural DifferenceDavid Jones and John A. SweeneyIntimacy or Integrity: Philosophy and Cultural Difference. By Thomas P. Kasulis. Honolulu: University of Hawai'i Press, 2002. Pp. xii + 183. Paper $14.95.Back in the early days of cross-cultural inquiry, scholars gained some territory in the understanding of cultural difference by focusing their attention on the distinction between the individualistic and the collective. Asians, especially East (...) Asians, were seen as motivated by collectivism, whereas Westerners were firmly rooted in individuality. This distinction afforded some comprehension of cultural difference and served a limited purpose in those early days of trying to understand Asia as a whole and the vast reach of difference among various Asian groups. However, we quickly outgrew our dependence on this distinction, although we continued to insist on making use of it. Thomas Kasulis offers us a new heuristic in his recent book Intimacy or Integrity: Philosophy and Cultural Difference, which is based on his 1998 Gilbert Ryle Lectures at Trent University.The book begins with a series of anecdotes, which is most fitting for what the author has in mind. These seemingly simple stories of cultural misunderstanding actually point to profound differences between Asian and Western cultural perspectives. Kasulis, however, rightly extends the boundaries of his discussion to traverse not only Asian/Western differences but also variations between cultures and subcultures as well. The thesis of the book addresses the too simplistic notion that Asians are simply more collectivist than their Western counterparts, and this thesis applies as well to differences within the structure of any culture's grand narrative. Put directly, the thesis is that there are recursive cultural patterns that orient themselves in two basic ways: "intimacy" and "integrity." These patterns reiterate themselves into complex theoretical manifestations through understandings of fact/value, what is and what should be (p. 11).Aware that he might easily fall into the old trap of a simplistic differentiating between "them and us," Kasulis is quick to point out that "it is unlikely that any culture is ever a perfect example of either an intimacy-dominant or integrity-dominant culture" (p. 11). In other words, "intimacy" and "integrity" (unlike collectivism and individualism) are both positive terms that continually, and recursively, foreground and background themselves in any given culture. For example, Americans, with their penchant for individuality and the benefits arising from it, such as the notion of rights, also value and understand intimacy as a feeling that is primary to one's being either a member of a family, a member of a group, or a citizen of a country. And to think that individuality has no value whatsoever in Asia or that there are no "individuals" in Asia is just being simpleminded. These two different ways of relating—intimacy and integrity—are explored in connection to the key relations of self/world, self/other, knower/known, thing/thing, and so forth (p. 13) throughout the book, as reflected in the chapter titles: "Cultural Orientations," "What Is Intimacy?" "What [End Page 603] Is Integrity?" "Intimacy and Integrity as Worldviews: Epistemology, Analysis and Argument, and Metaphysics," "The Normative Dimensions of Intimacy and Integrity: Aesthetics, Ethics, and Politics," and "Intercultural Conflict: When Intimacy and Integrity Collide."An important concern of this book, and an issue that is often overlooked by philosophers, is that philosophy is both a product and a producer of culture. If culture even becomes a matter of philosophical discussion, it is often cast in terms of a "philosophy of culture," that is, a part of our understanding of the role that culture plays in the more universal context of human existence (p. 13). Kasulis reminds us, however, of another (and perhaps more important) dimension of the study of what he calls "cultural philosophy," and that is that "philosophy itself is a cultural enterprise" (p. 14). By viewing philosophy in this way philosophers are able to check their tendency to believe erroneously that philosophy is a discipline that can achieve an understanding of, or even attempt to search for, universal, eternal, and transcultural truths. Kasulis points out that this too is a "tendency... related to cultural conditions" (p. 14); hence, "philosophy and... (shrink)

The sexual revolution: an evocative term, but what meaning can be given to it today? How does “sexuality” come into being, and what connections does it have with the changes that have affected personal life more generally? In answering these questions, the author disputes many of the dominant interpretations of the role of sexuality in modern culture. The author suggests that the revolutionary changes in which sexuality has become cauth up are more long-term than generally conceded. He sees them as (...) intrinsic to the development of modern societies as a whole and to the broad characteristics of that development. Sexuality as we know it today is a creation of modernity, a terrain upon which the contradictory tendencies of modern social life play themselves out in full. Emancipation and oppression, opportunity and risk—these have become a part of a heady mix that irresistably ties our individual lives to global outcomes and the transformation of intimacy. We live today in a social order in which, for the first time in histroy, women are becoming equal to men—or at least have lodged a claim to such equality as their right. The author does not attempt to analyze the gender inequalities that persist in the economic or political domains, but instead concentrates on a more hisdden personal area in which women—ordinary women, in the course of their day-to-day lives, quite apart from any political agenda—have pioneered changes of greate, and generalizable, importance. These changes essentially concern an exploration of the potentialities of the “pure relationship,” a relaitonship that presumes sexual and emotional equality, and is explosive in its connotations for pre-existing relations of power. The author analyzes the emergence of what he calls plastic sexuality—sexuality freed from its intrinsic relation to reproduction—in terms of the emotional emancipation implicit in the pure relationship, as well as women’s claim to sexual pleasure. Plastic sexuality is decentered sexuality, freed from both reproduction and subservience to a fixed object. It can be molded as a trait of personality, and thus become bound up with the reflexivity of the self. Premised on plastic sexuality, the pure relationship is not exclusively heterosexual; it is neutral in terms of sexual orientation. The author speculates that the transformaion of intimacy might be a subversive influence on modern institutions as a whole, for a social world in which the dominant ideal was to achieve intinsic rewards from the company of others might be vastly different from that which we know at the present. (shrink)

Assess to quality diets is a basic human right. Geographical challenges and cultural traditions have contributed to the widespread malnutrition present among ethnic minorities of mountainous areas in Northwest Vietnam. Home gardens can play a role in increased diet diversity and micronutrient intakes. However, low production yields and plant diversity in ethnic home gardens have limited their contributions to household food security and nutrition. The pilot study tested a home garden intervention in weekly vegetable harvests and increasing household production (...) and consumption of diverse vegetables year-round. Food ethics issues encountered included limited access to quality food by resource-poor groups, conflicts arising from low preference and value given to some nutritious foods, limited access to information and technology for food production and consumption, each of which were addressed in the study design. The intervention includes: (1) nutrition-focused home garden training and (2) locally-adapted home garden packages consisting of garden planning, technical assistance, and high-yielding seed varieties. Twenty households from two ethnic villages in Son La province participated in the study and were randomly assigned into two groups (intervention and non-intervention). The total vegetable supply from weekly harvests of home garden produce was significantly higher in the intervention households (226 kg) compared to the non-intervention households (39 kg). The intervention group yielded 5.8 and 1.7 times more vegetables by weight and weight per area than those without the intervention. The vegetables were mainly consumed at home for both groups, but the intervention households gave more vegetables as gifts to neighbors. The intervention group cultivated a higher diversity of vegetables with a total of 42 different vegetables compared to 24 in the non-intervention group, which is reflected in an overall higher nutritional yield of vitamin A, iron, other micronutrients and phytochemicals. The home garden training significantly improved the amount, diversity and continuity of household food and nutrient supply. The home garden model is effective and could be scaled up to improve household vegetable supply and consumption, particularly in Northwest Vietnam. (shrink)

In Evangelium vitae, Pope St. John Paul II recognized that scientific progress would bring about new attacks on the dignity of the human person. Since that time, remarkable expansion in our knowledge and understanding of the human genome has brought forth questions of ownership rights via patents on human genes and related technology. This article argues that patenting human genes is incompatible with human dignity as it commodifies that which is priceless. In contrast, granting patents to manipulations of human genes (...) does not violate human dignity so long as it is utilized toward the common good. National Catholic Bioethics Quarterly 15.2 : 265–285. (shrink)

Moore attempts to show that privacy, conceived as "control over access to oneself and to information about oneself" is "necessary" for human well-being. Moore grounds his argument in an analysis of the need for physical separation, which Moore suggests is universal among animal species. Moore notes, "One basic finding of animal studies is that virtually all animals seek periods of individual seclusion or small-group intimacy." Citing several studies involving rats and other animals, Moore points out that a lack of (...) such separate space frequently results in threats to survival. Moore goes on to suggest, quite plausibly, that since we evolved from such animals, we share some need for separation. I argue such reasoning involves a conceptual mistake, as a need for physical space and separation is not obviously tantamount to a need for privacy of any kind - much less a need for information privacy. (shrink)

Knowledge of others, then, has value; so does immunity from being known. The ability to extend one's knowledge has value; so does the ability to limit other's knowledge of oneself. I have claimed that no interest can count as a right unless it clearly outweighs opposing interests whose presence is logically entailed. I see no way to establish that my interest in not being known, simply as such, outweighs your desire to know about me. I acknowledge the intuitive attractiveness (...) of such a position; but my earlier discussion concluded that the value of privacy is ease, and the value of knowledge is understanding - and it's not obvious that either outweighs the other. Nor is it obvious that the freedom and autonomy which result from the power to limit what others know is more significant than the freedom and autonomy which result from the power to extend one's knowledge. I believe the intuitive attractiveness of the belief that privacy values outweigh knowledge values lies in the entirely correct belief that a society without any privacy would be unpleasant. But a society without mutual knowledge would be impossible.I conclude therefore that there is no right to privacy nor to control over it. Nevertheless, each of these things is a good, and a good made possible (given the presence of other people) by social structures. A desirable society will provide both privacy and control over privacy to some extent. Nothing in my analysis helps determine what the proper extent is, nor what areas of life particularly deserve protection. Those who would argue that privacy and control over it are entailed by respect for persons should, I think, choose instead some particular areas central to being a person, to counting as a person, and then show how one is less likely to exercise one's capacities there fully without privacy or without control over it. Although Gerstein's attempt fails because he inaccurately defines intimacy as a kind of absorption and incorrectly opposes absorption with publicity, I think it is the kind of attempt which must be made. Furthermore, he has probably chosen the right area of life - if anything has a special claim to privacy it is probably the union between people who care for one another. The value of being together alone may be more significant than the value of being alone, if only because words and actions are public while thoughts are not. But I will not try to develop that argument here.In any case both privacy and control over it are social goods; on egalitarian grounds they should, ceteris paribus, be equally available to everyone. This helps explain the “dehumanizing” effect of institutions which provide no privacy at all- prisons and some mental institutions. It is not so much that the inmates are totally known; it is rather that those who know them are not so fully known by them; further, that the staff has a great deal of control over what they disclose of themselves, and the inmates very little. The asymmetry of knowledge in those institutions is one aspect of the asymmetry of power; the completely powerless are likely to feel dehumanized.My analysis also helps account for the wrongness of covert observation. It is not simply that the observer violates the wishes of the observed, for the question is whose wishes trump. The observer is violating the justified expectations of the observed: expectations supported by weighty social conventions. These have more moral weight than simple desires do. The peeping torn is violating a convention which structures the distribution of knowledge, a convention from which he benefits. Without it his own activities might well be impossible. He might be more easily caught; or his victim, less trusting, might choose houses without windows. More deeply, the thrill of what he is doing depends on the existence of the convention. Even morally permissible excitement - the suggestiveness of some clothing- would disappear without conventions about nudity. Presumably, too, there are elements of his own personal life for which he values his privacy. He is on grounds of justice obligated to observe the rule which makes his benefits possible.(Some claims to privacy result from personal predilections, rather than from convention. Parent describes a person who is extremely sensitive about being short, for instance, and does not want his exact height to be common knowledge. Parent, p. 346. The grounds for these claims are obviously different from those I've been discussing. The grounds are the moral obligation not to cause needless pain, or, if the information was given in confidence, to keep one's promises.) Although there is no right to privacy or to control over it as such, there is a right to equality of consideration and to a just distribution of benefits and burdens. To put it another way: there is no natural human right to privacy or to control over it; but a good society will provide some of each, and justice requires that the rules of a good society be observed. This paper was written during Joel Feinberg's 1984 NEH Summer Seminar. I am indebted to NEH for funding, and to Professor Feinberg and the other members of the seminar for helpful comments. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Right HeartIngrid GouldI remarked to a friend, “We haven’t spoken since my arrest!” Alarm and confusion clouded his face, given my half-century of squeaky-clean living. “Cardiac arrest,” I clarified. “The fire department rebooted me.”An electrophysiologist diagnosed Arrhythmogenic Right Ventricular Dysplasia, prescribed medication, and implanted a defibrillator. For the next three-and-a-half years, he helped me live with a disease I didn’t know existed until he told me (...) I had it.The disease progressed—an ironic, disease-centric term since its advancement was to my detriment— prompting my cardiologist to recommend seeing someone who specialized in heart failure. I resisted the very idea of heart failure, a terrible term for a struggling organ, but took her advice and scheduled an appointment.The new cardiologist urged transplant testing, a lengthy process. I agreed, figuring that by the time I needed a new heart in 15–20 years, they’d be rolling off 3D printers.To record occasional transplant musings and inchoate fears and perhaps, over time, untangle them, I began journaling. I chronicled my passage through the echocardiogram, heart catheterization, 31 tubes of bloodwork, interviews with different clinical specialties, a pulmonary function test in a machine reminiscent of Star Trek’s Transporter, and more. Testing had barely begun when my medication stopped working—a Halloween shock.I began a harsher medication, underwent an ablation, and spent six weeks in a wearable defibrillator, a vest with abundant wires, and a purse-sized battery pack that made me resemble a character in [End Page 123] the Jetsons. This attire did not bring holiday comfort or joy to the TSA1 when I flew to visit my sister. As my R-waves faded to a whisper, I swapped the vest for a second implanted defibrillator, substantially more sensitive than the first.In early 2018, we learned I had qualified for transplant listing, though I wished to get as much mileage as possible from the original engine. My cardiologist warned, “There is no Plan B—no machine, device, or medication for the long-term. You will need a transplant.” He explained that since most cardiac patients have left-heart problems, companies develop products for the left side of the heart. My problem was on the right—a tiny market. He also cautioned that a patient needs to be sick enough to warrant transplant and well enough to remain a candidate, survive the surgery, and recover.Although clinically I was ready, I was not personally ready. I felt too good to trade an excellent quality of life for the promised miserable post-transplant year. The cardiologist wisely asked if I wanted to speak with another patient. When I requested someone beyond the dreaded first year, he put me in touch with two women who had received new hearts a few years earlier and befriended each other. They soon became my invaluable mentors and cherished friends. I will never forget seeing them stride into our first meeting and thinking, “They are beautiful! They look totally normal!”By May, climbing four flights of stairs took as much effort as five used to take. Tests confirmed further deterioration and suggested I had 7–13 months of declining health before my heart would give out completely. We chose a date for hospital admission, and I started telling people outside my immediate family. Most were flabbergasted, believing heart transplants were the last hope of the desperately ill. I did not look moribund, though, apparently, I was.The eight months after my first transplant appointment let me prepare psychologically to bid farewell to my heart—the metaphor for kindness, love, and bravery in our culture—and to welcome a new organ from a generous person less medically fortunate than I.In the hospital, I met others awaiting their hearts. A sudden intimacy arises when mortal choices catapult people into a medical realm suggestive of science fiction. Add the emotional intensity that accompanies knowing your extended life comes courtesy of a person who breathes no more on this earth and you wonder how an organ recipient integrates sorrow and gratitude.Two weeks after I was hospitalized, my cardiologist informed me the wait was over... (shrink)

This article engages with the vogue for predicting the effects of the Human Rights Act 1998 by focusing on the rape prosecution and trial. The specific interest is feminist scrutiny of the right to a fair trial, particularly the concept of ‘fairness’, in light of the increasing use of disclosure rules (in Canada and England) to gain access to medical and counseling records. Transcending the two contemporary narratives of ‘victims’/women’s rights and defendants’ rights in the criminal justice system, the (...) authors argue for the infusion of the legal debate on disclosure with feminist understandings of wider cultural debates. They suggest that an increased reflexivity about intimacy, publicity and power, leading perhaps to the development of a concept of ‘democratic publicity’ (Fraser, 1997, p. 100), might help to revision the meaning of ‘relevant’ evidence in the rape trial. They also suggest that the wide-ranging cultural debate about memory, truth and history, and the emerging commitment to experimentation in responding to massive, institutionalised human rights violations (including apartheid, war crimes and child abuse) might be of use in deepening current thinking about the rape trial and listening to the ‘voice’ of the complainant. (shrink)

In 'The duty to miscegenate', I harness John Stuart Mill's 19th century theory of social freedom to explain and to dismantle contemporary racialised and gendered injustice. In the first chapter—Social stigmatisation: 'a social tyranny'—I argue that persons racialised-and-gendered-as-black-women were, in the past, unjustly stigmatised by legal penalties against 'miscegenation' and are still, today, unjustly stigmatised by white male avoidance of cross-racial marriage and companionship. In the second chapter—Encounters that count: 'a foundation for solid friendship'—I argue that we can dismantle this (...) stigmatisation, by engaging in regular and frequent cross-racial commensality with persons racialised-and-gendered-as-black-women. In the third chapter—White right: 'a right to avoid'—I argue that, although we have a right to avoid commensal encounters with others, we do not have a right to avoid persons we racialise as black. On the contrary, we have a duty to encounter them, on terms of equality and intimacy. (shrink)

It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint (...) of the two main theories of rights—the will and the interest conceptions. The right to be punished is shown to be largely indefensible on both accounts: on the will theory, the right to be punished conflicts with autonomy, and it can neither be claimed nor waived by a perpetrator; on the interest theory, a perpetrator’s interest in punishment, inasmuch as it exists, is not sufficient to ground a duty on the part of the state. (shrink)

Foreword by Robert H. Bork -- Culture wars -- A distorted understanding of rights -- The right to privacy -- Griswold and contraception -- Roe and abortion -- Assisted suicide and homosexuality -- Political connections and natural consequences.

Poland has faced two waves of migration: the first was of irregular asylum seekers, which led to the humanitarian crisis on the eastern EU–Belarusian border since 2021; the second was of Ukrainians fleeing the Russian invasion. Although there are noticeable differences between these situations, and between the different reactions of the Polish authorities, it is possible to juxtapose them in terms of the right to health. The normative content of refugee and human rights law is the starting point for (...) reconstructing the meaning of the terms ‘refugee’ and ‘right to health’. A refugee is a person who needs international protection because of a well-founded fear of harm, which is not limited to persecution as defined by the Refugee Convention but also includes situations of international and non-international armed conflict. The right to health, which includes, inter alia, entitlements to a ‘system of health protection’ and ‘underlying determinations of health’, is reconstructed on the basis of human rights law and refugee and migration law. There are no legal and moral grounds to grant the right to health differentially to different groups of refugees. Nondiscriminatory health policy requires that refugees have the same access to health care as nationals, although their specific health needs resulting from past experiences and refugee situation require special treatment, that is, an appropriate refugee health policy. The broad understanding of the underlying determinants of health demonstrates the importance of overall migration policy for refugees’ health, which can jeopardise the fragile good of refugee health. (shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality : toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, and power (...) -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Being the Right Kind of Parent:Conceiving PeopleCamisha Russell (bio)Daniel Groll's Conceiving People makes one central claim regarding the ethics of using egg or sperm donations to create a child (that one intends to parent): "[P]arents should use an open donor because doing so puts their resulting child in a good position to satisfy the child's likely future interest in having genetic knowledge" (Groll 2021, 12, original italics).Amid myriad (...) thorny ethical questions surrounding assisted reproduction, Groll's decision to focus on a choice that intended parents in need of donor gametes must make before their future child is even conceived—a choice that is typically taken very seriously—makes a lot of sense. The question is live, rarely completely determined as a matter of policy or law, and, as Groll demonstrates, important to most donor-conceived people (and therefore to the families of which they are a part). For this increasing number of individuals and families, a cultural shift in how we think about open versus anonymous donors would have a significant (and as Groll argues, positive) impact.Groll's carefully built argument is important not only for the paths of ethical reasoning that it highlights, but for those common rationales it gently but firmly sets aside (e.g., the donor-conceived person's medical need to know their genetic history or the idea that knowledge of one's genetic origins is the best or only way to truly know oneself). Groll's work is attentive to the types of relationships that foster the emotional health of families, and it's grounded in the experiences and desires articulated by donor-conceived people themselves. For this reader, these are the book's greatest strengths, along with the fact that Groll is often quite funny in his examples, which makes the examples highly relatable.Of course, the challenge for philosophers in writing books of ethical importance for "laypeople" is to offer something an average educated adult can understand while addressing the more technical theoretical issues that matter to ethicists. I would expect Groll's text to satisfy ethicists because his definitions and distinctions are scrupulously clear, and he engages the existing philosophical literature well. As for laypeople, there are surely a few moments in which they will find themselves in the theoretical weeds, so to speak, but Groll has [End Page 193] successfully made the book largely modular, such that they should get a lot from just reading the chapters of direct interest (Groll 2021, 29).Chapter 2, "Keeping Secrets," is essential for intended parents seeking ethical guidance. Groll notes that professional opinion on donor conception has shifted from seeing nondisclosure of a child's donor-conceived status as a moral requirement (to protect privacy and avoid family stigma) to recommending disclosure. He then reviews standard arguments for disclosure: (1) the "profound importance" of known genetic origins to health identity formation, (2) the medical importance of knowing to whom you are (and are not) genetically related, and (3) the harm that keeping secrets can do to family members and family functioning. While Groll agrees with the latter two arguments, he introduces and emphasizes a new argument: the Intimacy argument, in which he convincingly argues that keeping a child's genetic origins secret "violates norms of intimacy by creating distance between parents and children that is at odds with the demands of intimacy in the parent-child relationship" (Groll 2021, 44, original italics). Though, in many ways, this chapter's argument is separate from the central argument for the use of open donors constructed in the rest of the book, I find it compelling and wonder whether it could hold up more of the open donor argument, placing less weight on the Significant Interest view that Groll introduces in the next chapter (and the concerns regarding bionormativity that emerge from that view).In the third chapter, Groll moves from disclosure to the information that's available to be disclosed. That is, it is one thing to commit to telling a child they were donor-conceived after conception. It is another to commit before conception to choosing a donor willing to be known to the future child when... (shrink)

Tom Shakepeare is an eminent, and somewhat controversial, contributor to disability studies. As he outlines, part of the explanation for his controversial status within that field stems from his engagement with disciplines outside it, including genetics and bioethics. For many in the field of disability studies, no genuine engagement should be sought with scholars in genetics or bioethics because—so the party line goes—these areas of study are inherently opposed to disability rights and otherwise pose genuine threats to the status of (...) disabled people. The present volume is unlikely to do much to reduce his controversial status.The book is divided into three parts. The first presents a detailed criticism of the social model with some, more positive, proposals concerning how disability is best conceived. The second part—perhaps the one that will be of most interest to JME readers—concerns bioethical issues in disability. The final part focuses on themes such as care, charity, intimacy and the role of the non-disabled in “the world of disability”.The main reason why this book is unlikely to reduce Shakespeare’s controversial status is that its central theme is a sustained attack on the so-called and widely held “social model” of disability. According to this model, the causes of disability lie in the social environment, not within the individual. So, change the social environment in appropriate ways, and disability disappears. Shakespeare illustrates the various ways in which this model is analytically flawed and has had a negative effect upon disability studies, research and the lives of disabled people. …. (shrink)

In ‘Discrimination Against the Dying’, Phillip Reed argues that terminally ill patients are subjected to a distinct form of discrimination called ‘terminalism’. One of Reed’s primary examples of terminalism is right to try laws, which offer terminally ill patients the option to request medications that are not FDA-approved and without IRB involvement. In this analysis, we consider additional contextual factors about right to try, suggesting that it may not neatly count as an exemplar of terminalism. When pursued with (...) appropriate protocols and oversight, right to try has the potential to broaden treatment opportunities for the terminally ill by bypassing FDA and IRB restrictions, functioning as a less stringent alternative to expanded access for patients with limited time and dwindling options. Reed acknowledges that differential treatment of patients is not inherently unjust. For instance, Reed praises expanded access laws that grant patients with severe or life-threatening diseases access to treatment options otherwise unavailable. Patients not afflicted by severe illness or who have found success with standard treatment options are unlikely to face discrimination for inability to access nonessential treatment. Conversely, availability of these treatments for the terminally ill could enhance their well-being and prolong their lifespan. It is also significant to highlight important …. (shrink)