We use game theoretic models to take an in-depth look at the dynamics of discrimination and academic collaboration. We find that in collaboration networks, small minority groups may be more likely to end up being discriminated against while collaborating. We also find that discrimination can lead members of different social groups to mostly collaborate with in-group members, decreasing the effective diversity of the social network. Drawing on previous work, we discuss how decreases in the diversity of scientific (...) collaborations might negatively affect the progress of epistemic communities. (shrink)

In an increasingly diverse America, the experience of race and racial discrimination is too often described as if it is the same for all racial and ethnic groups. Utilizing the perspective on ethnic and racial groups developed by Zolberg that stresses their contingent and dynamic nature, we explore ethnic and racial discrimination in depth. Drawing on data from the New York Second Generation Study we describe the experience of prejudice and discrimination among eight groups of young (...) adults-native born whites, native born blacks, native born Puerto Ricans, and second generation Dominicans, South Americans, Chinese, West Indians and Russian Jews. While the experience of racial discrimination is common to many Americans, the nature and severity of that experience varies widely among the increasingly diverse people that are now often lumped together as "minorities" in the popular imagination. African Americans, and those who most often confused with African Americans have different kinds of experiences than other non white groups. They face more systematic and brighter racial boundaries than do Asians and light-skinned Latinos. This creates more formidable obstacles for those defined as black, as opposed to those who are just "nonwhite" to full incorporation into American society. We propose a typology of types of discrimination that begins to unpack this complex phenomena. (shrink)

The paper attempts to reconstruct some notions of Naess's semantics, and at the same time to relate them to more recent developments. On Naess's view, there is no such thing as a language in the sense of a shared structure which determines clear-cut literal meanings like Fregean Gedanken or propositions. We use words, and try to interpret each other; but there is no a priori or intuitive basis for secure and precise knowledge about language. Interpretation or understanding, as well as (...) thinking and perception, involve discrimination at higher or lower levels. There is neither a ceiling of crystal-clear propositions nor a floor of 'given' sensations or 'objective' stimuli independent of categorizations and discriminations, which might serve as a bridge for translation or interpretation between the conceptual-perceptual schemes of individuals. The notions of 'concept', 'conceptual framework', 'situation', 'situation type' and 'proposition' are defined, with some reliance on Barwise and Perry's situation semantics. Two notions of accessibility of situation types are defined; one as constructibility of the type at a given level of discrimination, i.e. in terms of objects discerned and concepts discriminated; the other as intelligibility of the type. Intelligibility entails constructibility, but not conversely. A type of situation may be constructible at some person's level of discrimination, but not coherently intelligible to him. On this basis, a logic of senses or truth-conditions for uses of expressions is developed, and a logic of interpretations of uses. The central notions of Naessian semantics are defined: ambiguity and direction of interpretation, level of discrimination and depth of intention. (shrink)

Bhaskar has outlined the process of a depth-investigation and claims it is a transcendentally necessary condition for the realisation of the critical naturalist emancipatory project in the human sciences. However, little or no research has been identified as empirically fulfilling the criteria of a depth-investigation, making this claim difficult to evaluate. Given this empirical vacuum, criticisms of, and doubts about, the emancipatory potential of critical naturalism have arisen. In this paper I claim that the ‘theory of action’ is (...) a theory and practice that is consonant with the process and aspirations of a critical naturalist depth-investigation, and offer cameos of my empirical work with a manager of a multidisciplinary team in community health care in support of this. The theory of action both allows for conditional predictions in the social world, which can be used to discriminate between competing interpretations, and underwrites a discourse ethics that is consistent with critical realist assumptions. These features in combination serve to rebut the arguments that doubt or criticise the critical naturalist emancipatory project. (shrink)

The non-discrimination principle is one of the essential principles in the area of European public and private law too. The importance of this principle also takes a great place in field of company law, especially in the area of “freedom of establishment of the companies” in the European Single Market. Freedom of establishment of companies is closely related to the general concept of “free movement of people, capital, goods and services,” in ESM. In fact, freedom of establishment is a (...) substantive part of the process of creation the internal market in EU. The freedom of establishment is based on the Treaty of the functioning of EU. According to article 49 from TFEU, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. This prohibition also applies to restrictions on setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State. In-depth exploration of this issue is conditioned by the interpretation of the Court of justice of European Union, which embodies the real legal regime of freedom of establishment. Freedom of establishment of companies is closely related to the principles of healthy and fair competition and equal access of the companies too. This article seeks to elaborate fundamental theoretical aspects of this issue, considering certain case - study analyze of CJEU judgements. The main focus is on the non-discrimination principle, legal effects of the CJEU judgments, free market and competitiveness, and finally, determination of the concept of primary and secondary establishment of companies in EU. (shrink)

Adopting a descriptive phenomenological approach, this study explores the experiences of discrimination of white women in committed interracial relationships with black men within the South African context. Three white females in committed interracial relationships with black males were recruited and interviewed. Open-ended interviews were conducted in order to elicit rich and in-depth first-person descriptions of the participants’ lived experiences of discrimination as a result of being in committed interracial relationships. The data analysis entailed a descriptive phenomenological content (...) analysis and description. The results of this study suggest that white women in committed interracial relationships with black men experience discrimination in various contexts, where discrimination manifests as either a negative or a positive encounter; in addition, discrimination evokes various emotional responses and is coped with in either maladaptive or adaptive ways. Finally, the experience of discrimination, although personal, necessarily impacts on the interracial relationship. The nature and impact of discrimination experienced by white women in committed interracial relationships with black men is thus multi-layered and both an intra-personal and an inter-personal phenomenon. (shrink)

Bhaskar has outlined the process of a depth-investigation and claims it is a transcendentally necessary condition for the realisation of the critical naturalist emancipatory project in the human sciences. However, little or no research has been identified as empirically fulfilling the criteria of a depth-investigation, making this claim difficult to evaluate. Given this empirical vacuum, criticisms of, and doubts about, the emancipatory potential of critical naturalism have arisen. In this paper I claim that the ‘theory of action’ is (...) a theory and practice that is consonant with the process and aspirations of a critical naturalist depth-investigation, and offer cameos of my empirical work with a manager of a multidisciplinary team in community health care in support of this. The theory of action both allows for conditional predictions in the social world, which can be used to discriminate between competing interpretations, and underwrites a discourse ethics that is consistent with critical realist assumptions. These features in combination serve to rebut the arguments that doubt or criticise the critical naturalist emancipatory project. (shrink)

Pregnancy-based employment discrimination has long been a topic of interest for gender inequality scholars and civil rights agencies. Prior work suggests that employer stereotypes and financial interests leave pregnant women vulnerable to being fired. We still know little, however, about women’s interpretations of their terminations and how employers justify such decisions in the face of arguably protective laws. This article provides much needed, in-depth analyses of such dynamics and a relational account of pregnancy-based employment discrimination claims. Elaborating (...) on theoretical expositions of power and research surrounding the patriarchal character of organizational life, we draw on unique quantitative and qualitative data from verified cases of pregnancy-based firing discrimination. Our analyses reveal a two-pronged legitimation process where employers symbolically vilified pregnant workers while simultaneously amplifying ostensibly meritocratic organizational procedures and concerns. Pregnancy discrimination plaintiffs attempted to counter employer arguments. Yet, their limited power within the organizational hierarchy along with the culturally resonant nature of employer logics—logics that seem gender-neutral but that reify gendered assumptions and prioritize business profit—place pregnant women at a considerable disadvantage. Without attending to such cultural and structural power imbalances and the relational processes that undergird them, pregnancy discrimination will remain a significant problem. (shrink)

Drawing on 121 in-depth interviews with first- and second-generation women and men physicians of Indian origin in the U.S. Southwest, I examine the incidence and nature of gender-based discrimination in American medicine. I focus on two aspects: gender discrimination by employers and colleagues against women physicians of Indian origin and the interaction of gender discrimination with race in the professional lives of first- and second-generation physicians. U.S. healthcare has become increasingly dependent on immigrants, in particular women (...) physicians, from the developing world. I document the significant impact gender and race can have in molding the professional trajectories of Indian women physicians. The experiences of these physicians help clarify the interaction of skilled migrant workers with racial/ethnic and gender relations in U.S. workplaces. (shrink)

An essential overview of the science behind stereotypes: from why our brains form them to how recognizing them can help us be less biased.From the time we're babies, our brains constantly sort and label the world around us --- a skill that's crucial for our survival. But, as adolescents are all too aware, there's a tremendous downside: when we do this to groups of people it can cause great harm. Here's a comprehensive introduction to the science behind stereotypes that will (...) help young people make sense of why we classify people, and how we can change our thinking. It covers the history of identifying stereotypes, secret biases in our brains, and how stereotypes affect our sense of self. Most importantly, it covers current research into how science can help us overcome our biases, offering hope for a future where stereotypes are less prevalent and the world is more fair for everyone.Written by award-winning author Tanya Lloyd Kyi, this timely and hopeful book addresses the issues of discrimination, racism, sexism, ableism and homophobia and offers concrete suggestions on how to make change. It uses scientific inquiry and loads of relatable and interesting examples to explore these uncomfortable topics in age-appropriate and engaging ways. Chapters, sidebars and colorful illustrations break the text into manageable chunks. Besides the many ways this book could be used to inspire frank and in-depth discussions on the importance of addressing stereotypes and bias, it also links to many science and social studies curriculum topics. Backmatter includes an extensive list of sources, suggestions for further reading and an index. (shrink)

Background Equitable care is a fundamental value in the nursing profession. Healthcare workers have both a moral and professional duty to ensure that they do not discriminate. Aim This study aimed to explore how patients perceive equitable nursing care. Research design, participants, and research context This descriptive phenomenological qualitative research study used purposeful sampling to select 17 patients from various departments of a general hospital in southern Iran. The participants were then interviewed using a semi-structured in-depth interview format, which (...) aimed to delve into their experiences with equitable nursing care. The collected data were analyzed using Colaizzi's seven-step method and MAXQDA20 software. Ethical considerations Oral and written information about the study was provided before the participants gave their written consent. The transcribed interviews were de-identified. The study was approved by the Ethics Committee of Jiroft University of Medical Sciences. Findings The data analysis of the study identified three main themes and six subthemes that were related to the experiences of patients with equitable nursing care. The first theme, equitable care, encompassed subthemes such as nurses’ dedicated efforts to facilitate patient recovery and adherence to ethical behavior. The second theme, unconscious causes of inequitable nursing care, included subthemes such as unintentional discrimination stemming from organizational constraints and unconscious biases resulting from a lack of knowledge and skills. The third theme, discriminatory care, comprised subthemes such as deliberate discrimination based on personal traits and selective discrimination. Conclusion The study findings indicate that achieving equitable nursing care requires a multifaceted approach. This includes effective hospital management, organizational reforms, and regulatory enhancements. Additionally, it is crucial to pay close attention to the needs of patients, enhance nurses’ theoretical and practical skills in providing equitable care, fostering a culture of equality within healthcare settings, and consider the personality dimensions and moral characteristics of nurses. (shrink)

Methodological nationalism is the assumption that nation-states are the relevant units for analyzing social phenomena. Most of the social sciences recognized it as a source of bias, but not the ethics of immigration. Is this field biased by methodological nationalism—and if so, to what extent? This article takes nationalism as an implicit bias and provides a method to assess its depth. The method consists in comparing principles that ethicists commonly discuss when immigration is not at stake with principles advocated (...) in the ethics of immigration. To interpret the results, a distinction between mild and heavy bias is established. When a basic principle in ethics is underdiscussed or absent from the ethics of immigration, the field is ‘mildly biased’. When its negation is commonly advocated, the field is ‘heavily biased’. Here, the method is illustrated with two principles: equal opportunity and reparation. They are common in theories of distributive justice and of corrective justice, respectively. But in the ethics of immigration, scholars often argue for the opposite. Instead of equal opportunity, they implicitly support discrimination based on national origin; instead of sanctions or amnesty for the offenders, scholars plead amnesty for those who they otherwise regard as victims. These preliminary results suggest that the field is heavily biased: methodological nationalism seems to turn ethics into its opposite. (shrink)

Drawing on recent feminist discussions, this collection critically reassesses ideas about agency, exploring the relationship between agency and coercion in greater depth and across a range of disciplinary perspectives and ethical contexts.

In vowel discrimination, commonly found discrimination patterns are directional asymmetries where discrimination is faster if differing vowels are presented in a certain sequence compared to the reversed sequence. Different models of speech sound processing try to account for these asymmetries based on either phonetic or phonological properties. In this study, we tested and compared two of those often-discussed models, namely the Featurally Underspecified Lexicon model and the Natural Referent Vowel framework. While most studies presented isolated vowels, we (...) investigated a large stimulus set of German vowels in a more naturalistic setting within minimal pairs. We conducted an mismatch negativity study in a passive and a reaction time study in an active oddball paradigm. In both data sets, we found directional asymmetries that can be explained by either phonological or phonetic theories. While behaviorally, the vowel discrimination was based on phonological properties, both tested models failed to explain the found neural patterns comprehensively. Therefore, we additionally examined the influence of a variety of articulatory, acoustical, and lexical factors but also the influence of factors beyond the well-known in depth via multiple regression analyses. The analyses revealed that the perceptual factor of perceived loudness has a greater impact than considered in the literature and should be taken stronger into consideration when analyzing preattentive natural vowel processing. (shrink)

Drawing on in-depth interviews conducted with critical educators and prominent intellectuals, this book deeply explores a wide range of social justice issues, including the manner in which race, language, class, and gender discrimination intersect to affect the lives of historically oppressed groups.

efining Documents in American History: Business Ethics offers an in-depth analysis of 67 primary source documents at the foundation of the study of business ethics. These include letters, newspaper accounts, book excerpts, speeches, political debates, testimony, firsthand accounts, memoirs, court rulings, legal texts, legislative acts, excerpts from both fiction and nonfiction books, and dialogues from dramatic works. More and more, the specific ethics policies that have many businesses and corporations developed in the 1970s and 80s are not enough today. (...) Transparency related to sources and materials, pricing strategies, and the public good are crucial for the success of any business. The material in this two-volume reference work is organized into five sections, and each section begins with a brief introduction that defines questions and problems underlying the subjects addressed in the historical documents. These documents provide an overview of business ethics and how it affects all of society, from the heads of corporations in industries like oil, energy, social media, food, and transportation to the workers that produce the goods and services to the consumers of those goods and services. They present a wide array of legal and moral opinions, descriptions of the effects that business ethics can play in the national and global economy, and they take a closer look at the way that business ethics relates to politics. Each historical document is supported by a critical essay, written by historians and teachers, that includes a Summary Overview, Defining Moment, Author Biography, Document Analysis, and Essential Themes. An important feature of each essay is a close reading of the primary source that develops broader themes, such as the author s rhetorical purpose, social or class position, point of view, and other relevant issues. Each essay also includes a Bibliography and Additional Reading section for further research. The detailed document analysis begins with early essays instrumental in the creation and development of the field of business ethics and continues to 2019 by examining issues relevant right now, from harassment and discrimination to technology and privacy. This two-volume set includes in-depth chapters that provide a thorough commentary of significant primary source documents. -- Amazon.com. (shrink)

The book analyses the Indian Supreme Court's jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court's landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights' judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a (...) social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich. (shrink)

Artificial Intelligence in the form of different machine learning models is applied to Big Data as a way to turn data into valuable knowledge. The rhetoric is that ensuing predictions work well—with a high degree of autonomy and automation. We argue that we need to analyze the process of applying machine learning in depth and highlight at what point human knowledge production takes place in seemingly autonomous work. This article reintroduces classification theory as an important framework for understanding such (...) seemingly invisible knowledge production in the machine learning development and design processes. We suggest a framework for studying such classification closely tied to different steps in the work process and exemplify the framework on two experiments with machine learning applied to Facebook data from one of our labs. By doing so we demonstrate ways in which classification and potential discrimination take place in even seemingly unsupervised and autonomous models. Moving away from concepts of non-supervision and autonomy enable us to understand the underlying classificatory dispositifs in the work process and that this form of analysis constitutes a first step towards governance of artificial intelligence. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

Applying the tools and methods of analytic philosophy, analytic feminism is an approach adopted in discussions of sexism, classism and racism. The Bloomsbury Companion to Analytic Feminism presents the first comprehensive reference resource to the nature, history and significance of this growing tradition and the forms of social discrimination widely covered in feminist writings. Through individual sections on metaphysics, epistemology, and value theory, a team of esteemed philosophers examine the relationship between analytic feminism and the main areas of philosophical (...) reflection. Their engaging and original contributions explore how analytic feminists define their concepts and use logic to support their claims. Each section provides concise overviews of the main debates in feminist literature within that particular area of research, as well as introductions to each of the chapters. Together with a glossary and an annotated bibliography, this companion features an overview of the basic tools used in reading analytic philosophy. The result is an in-depth and authoritative guide to understanding analytic feminist's characteristic methods. Table of contents List of Contributors Acknowledgments Editor's Preface Part 1: Introduction 1. Introduction: What Is Analytic Feminism? Pieranna Garavaso, (University of Minnesota Morris, USA) 2. Introduction: Why Analytic Feminism? Ann Garry, (California State University, Los Angeles, USA) 3. Introduction: The Society for Analytical Feminism: Our Founding Twenty-Five Years Ago, Ann E. Cudd (College of Arts and Sciences at Boston University, USA)and Kathryn J. Norlock (Trent University, USA) Part 2: Metaphysics 4. Introduction to Feminist Metaphysics, Katharine Jenkins (The University of Nottingham, UK) and Pieranna Garavaso (University of Minnesota Morris, USA) 5. Feminist Metaphysics: Can This Marriage be Saved? Jennifer McKitrick, (University of Nebraska-Lincoln, USA) 6. Feminist Metaphysics as Non-Ideal Metaphysics, Mari Mikkola (Humboldt University, Germany) 7. Kinds of Social Construction, Esa Diaz-Leon (University of Barcelona, Spain) 8. Gender and the Unthinkable, Natalie Stoljar (McGill University, Canada) 9. Who's Afraid of Andrea Dworkin? Feminism and the Analytic Philosophy of Sex Katharine Jenkins, (The University of Nottingham, UK) Part 3: Epistemology 10. Introduction to Feminist Epistemology, Pieranna Garavaso (University of Minnesota Morris, USA) 11. Contemporary Standpoint Theory: Tensions, Integrations, and Extensions, Sharon Crasnow (Norco College, USA) 12. Objectivity in Science: The Impact of Feminist Accounts, Evelyn Brister (Rochester Institute of Technology, USA) 13. Feminist Philosophies of Science: The Social and Contextual Nature of Science, Lynn Hankinson Nelson (University of Washington, USA) 14. Reasonableness as an Epistemic Virtue, Deborah K. Heikes (University of Alabama, USA) 15. Agnotology, Feminism, and Philosophy: Potentially the Closest of Allies, Janet A. Kourany (University of Notre Dame, USA) 16. Say Her Name: Maladjusted Epistemic Salience in the Fight Against Anti-Black Police Brutality, Ayanna De'Vante Spencer (Michigan State University, USA) 17. The Epistemology of (Compulsory) Heterosexuality, Rachel Fraser (University of Cambridge, UK) Part 4: Value Theory 18. Introduction to Value Theory, Amanda Roth (State University of New York at Geneseo, USA) and Pieranna Garavaso (University of Minnesota Morris, USA) 19. Relational Autonomy and Practical Authority, Andrea C. Westlund, (University of Wisconsin-Milwaukee, USA) 20. (Feminist) Abortion Ethics and Fetal Moral Status, Amanda Roth (State University of New York at Geneseo, USA) 21. Feminist Approaches to Advance Directives, Hilde Lindemann (Michigan State University, USA) 22. What is Sex Stereotyping and What Could Be Wrong with It? Adam Omar Hosein (University of Colorado, Boulder, USA) 23. Kant's Moral Theory and Feminist Ethics-Women, Embodiment, Care Relations, and Systemic Injustice, Helga Varden (University of Illinois, USA) 24. Resisting Oppression Revisited, Carol Hay (University of Massachusetts Lowell, USA) 25. Women and Global Injustice: Institutionalism, Capabilities, or Care? Angie Pepper (University of York, UK) 26. Feminism, Nationalism, and Transnationalism: Reconceptualizing the Contested Relationship, Ranjoo Seodu Herr (Bentley University, USA) Part 5 Basic Logical Notions Pieranna Garavaso (University of Minnesota Morris, USA) and Lory Lemke (University of Minnesota Morris, USA) A–Z of Key Terms and Concepts Pieranna Garavaso (University of Minnesota Morris, USA) . (shrink)

Many political theorists are multiculturalists. They believe that states ought to support and accommodate minority cultures, even if they disagree about when such support and accommodations are due and what forms they should take. In this contribution, I argue that multiculturalists have failed to notice an important objection against a wide range of multiculturalism policies. This objection is predicated on the notion that when states support and accommodate minority cultures, they should support and accommodate many subcultures and individualistic conceptions of (...) the good as well. However, since a significant proportion of multiculturalism policies imposes financial costs on society, it will often be prohibitively expensive for states to support and accommodate citizens’ subcultures and individualistic conceptions of the good on an equal basis. The result is that implementing such policies is likely to end up discriminating against certain groups, which might include e.g. fervent football fans, globe-trotters, mountain climbers, motor bikers, Hippies, and artists. I conclude by considering six reasons for giving preferential treatment to minority cultures that would allow multiculturalists to avoid this implication, which invoke, inter alia, the depth, duration, and involuntariness of cultural commitments; the role of culture in allowing people to live autonomously; and cultural rights to political self-determination. None are found to be convincing. (shrink)

The Common School should promote a sense of the distinctive worth of all human beings. How is the respect thus owed to every individual to be properly understood? This familiar question is explored by discussing ‘lookism’, a form of discrimination on the grounds of appearance. The treatment is located within a wider analysis of stereotyping. Ultimately stereotyping overlooks persons as sources of actions with moral significance and as potential owners of moral virtues. The Common School could profitably approach traditionally (...) emotive issues such as racism indirectly by helping students to understand in some depth how ‘lookist’ attitudes deny agency. It could then encourage students to apply these insights to traditional forms of discrimination. (shrink)

Background Autism self-advocates’ views regarding genetic tests for autism are important, but critical questions about their perspectives arise.Methods We interviewed 11 autism self-advocates, recruited through autism self-advocacy websites, for 1 h each.Results Interviewees viewed genetic testing and its potential pros and cons through the lens of their own indiviudal perceived challenges, needs and struggles, especially concerning stigma and discrimination, lack of accommodations and misunderstandings from society about autism, their particular needs for services, and being blamed by others and by (...) themselves for autistic traits. Their views of genetic testing tended not to be binary, but rather depended on how the genetic test results would be used. Interviewees perceived pros of genetic testing both in general and with regard to themselves (e.g., by providing “scientific proof” of autism as a diagnosis and possibly increasing availability of services). But they also perceived disadvantages and limitations of testing (e.g., possible eugenic applications). Participants distinguished between what they felt would be best for themselves and for the autistic community as a whole. When asked if they would undergo testing for themselves, if offered, interviewees added several considerations (e.g., undergoing testing because they support science in general). Interviewees were divided whether a genetic diagnosis would or should reduce self-blame, and several were wary of testing unless treatment, prevention or societal attitudes changed. Weighing these competing pros and cons could be difficult.Conclusions This study, the first to use in-depth qualitative interviews to assess views of autism self-advocates regarding genetic testing, highlights key complexities. Respondents felt that such testing is neither wholly good or bad in itself, but rather may be acceptable depending on how it is used, and should be employed in beneficial, not harmful ways. These findings have important implications for practice, education of multiple stakeholders, research, and policy. (shrink)

This book approaches the topic of the subjective, lived experience of hate crime from the perspective of Husserlian phenomenology. It provides an experientially well-grounded account of how and what is experienced as a hate crime, and what this reveals about ourselves as the continually reconstituted “subject” of such experiences. The book shows how qualitative social science methods can be better grounded in philosophically informed theory and methodological practices to add greater depth and explanatory power to experiential approaches to social (...) sciences topics. The Authors also highlight several gaps and contradictions within Husserlian analyses of prejudice, which are exposed by attempts to concretely apply this approach to the field of hate crimes. Coverage includes the difficulties in providing an empathetic understanding of expressions of harmful forms of prejudice underlying hate crimes, including hate speech, arising from our own and others’ ‘life worlds’. The Authors describe a ‘Husserlian-based’ view of hate crime as well as a novel interpretation of the value of the comprehensive methodological stages pioneered by Husserl. The intended readership includes those concerned with discrimination and hate crime, as well as those involved in qualitative research into social topics in general. The broader content level makes this work suitable for undergraduate and postgraduate students, even professionals within law enforcement. (shrink)

Continence is a key moment of care that can tell us about the wider care of people living with dementia within acute hospital wards. The spotlight is currently on the quality of hospital care of older people across the UK, yet concerns persist about their poor treatment, neglect, abuse, and discrimination within this setting. Thus, within hospitals, the care of people living with dementia is both a welfare issue and a human rights issue. The challenge of continence care for (...) people living with dementia can be seen as the ‘canary in the coal mine’ for the unravelling of dignity within the acute setting. This paper draws on an ethnographic study within five hospitals in England and Wales, selected to represent a range of hospital types, geographies and socio‐economic catchments. Observational fieldwork was carried out over 154 days in acute hospitals known to admit large numbers of people living with dementia. This paper starts to fill the gap between theory and data by providing an in‐depth ethnographic analysis examining the ways in which treatment as a person is negotiated, achieved or threatened. We examine how the twin assaults on agency of a diagnosis of dementia and of incontinence threaten personhood. The acute threats to this patient group may then act to magnify perils to treatment as a person. Our findings suggest that personal dignity and the social construction of moral personhood are both threatened and maintained in such a setting. We show how empirical ethnographic data can lend weight to, and add detail to, theoretical accounts of moral personhood and dignity. (shrink)

Background:Stigma is considered a major barrier to accessing healthcare services by female sex workers. Current knowledge of nurses’ attitudes appears to imply a stigma toward female sex workers. But in-depth understanding of their perceptions is scarce. Furthermore, factors that inform a conceptual understanding of how this occurs are lacking.Objectives:The study aimed to explore nurses’ attitudes toward female sex workers and factors affecting caring for female sex workers.Research design:This was a qualitative study. A content analysis approach was adopted in analyzing (...) the data.Participants and research context:Thirty-three practicing nurses participated in seven semi-structured focus group interviews and three key informants participated in three individual interviews in Hong Kong.Ethical considerations:This study was approved by the Ethics Committee of one university in Hong Kong.Findings:The findings revealed three themes: (1) accept, stigmatize, or against sex work; (2) reluctance, hesitation, or willingness to care for female sex workers; and (3) factors affecting the care of female sex workers.Discussion and conclusion:This study found that nurses held different attitudes toward female sex workers, and they experienced feelings of reluctance, hesitation, or willingness to care for female sex workers. Multi-level factors could affect their level of comfort of caring for female sex workers. Intervention should be developed to encourage health professionals to examine their personal views toward female sex workers introspectively, how their attitude may have affected the provision of quality services, and to enhance the provision of sensitive non-discriminative services to female sex workers. (shrink)

This study aims to test the theoretical model of career adaptability of refugees to investigate the dynamics of successful resettlement. The theoretical model is grounded on career construction and social network theory. We employ quantitative and qualitative methodologies to test the model in a sample of Venezuelans living and working in Colombia. The quantitative results provide partial support for Campion’s model. However, we test an alternative model and find that career adaptability has a direct relationship with subjective resettlement. In addition, (...) cultural identification plays a buffering role on the harmful effects of discrimination on subjective resettlement. Qualitative results from eight in-depth interviews shed light on the process of refugee resettlement, thus revealing the role of social networks. Our study contributes to previous research on refugees by testing, adapting, and expanding a novel model of work resettlement and focusing on a group of refugees transitioning from one emerging country to another emerging country. (shrink)

This book approaches the topic of the subjective, lived experience of hate crime from the perspective of Husserlian phenomenology. It provides an experientially well-grounded account of how and what is experienced as a hate crime, and what this reveals about ourselves as the continually reconstituted “subject” of such experiences. The book shows how qualitative social science methods can be better grounded in philosophically informed theory and methodological practices to add greater depth and explanatory power to experiential approaches to social (...) sciences topics. The Authors also highlight several gaps and contradictions within Husserlian analyses of prejudice, which are exposed by attempts to concretely apply this approach to the field of hate crimes. Coverage includes the difficulties in providing an empathetic understanding of expressions of harmful forms of prejudice underlying hate crimes, including hate speech, arising from our own and others’ ‘life worlds’. The Authors describe a ‘Husserlian-based’ view of hate crime as well as a novel interpretation of the value of the comprehensive methodological stages pioneered by Husserl. The intended readership includes those concerned with discrimination and hate crime, as well as those involved in qualitative research into social topics in general. The broader content level makes this work suitable for undergraduate and postgraduate students, even professionals within law enforcement. (shrink)

Background: Theoretically, the principle of justice is strong in healthcare priorities both nationally and internationally. Research, however, has indicated that questions can be raised as to how this principle is dealt with in clinical intensive care. Objective: The objective of this article is to examine how significant others may affect the principle of justice in the medical treatment and nursing care of intensive care patients. Method: Field observations and in-depth interviews with physicians and nurses in intensive care units (ICU). (...) Emphasis was placed on eliciting the underlying rationale for prioritisations in clinical intensive care with particular focus on clinicians’ considerations when limiting ICU treatment. Results: Significant others could induce an unintentional discrimination of ICU patients. Family members who were demanding received more time and attention for both the patient and themselves. Patients’ and families’ status and position and/or an interesting medical diagnosis seemed to govern the clinicians’ priorities of patients and families—consciously as well as unconsciously. The clinicians emphasised that patient information given through families was important. However, patients’ preferences and values conveyed to clinicians through their families were not always taken seriously. This even applied in cases with very serious prognoses and an explicit patient wish to forego life-prolonging treatment. Conclusion: The principle of justice was violated when qualified attention was given to significant others, and through this also to patients. Attention given to significant others was influenced by the healthcare workers’ professional and personal values, attitudes and interests. (shrink)

Methodological nationalism is the assumption that nation-states are the relevant units for analyzing social phenomena. Most of the social sciences recognized it as a source of bias, but not the ethics of immigration. Is this field biased by methodological nationalism—and if so, to what extent? This article takes nationalism as an implicit bias and provides a method to assess its depth. The method consists in comparing principles that ethicists commonly discuss when immigration is not at stake with principles advocated (...) in the ethics of immigration. To interpret the results, a distinction between mild and heavy bias is established. When a basic principle in ethics is underdiscussed or absent from the ethics of immigration, the field is ‘mildly biased’. When its negation is commonly advocated, the field is ‘heavily biased’. Here, the method is illustrated with two principles: equal opportunity and reparation. They are common in theories of distributive justice and of corrective justice, respectively. But in the ethics of immigration, scholars often argue for the opposite. Instead of equal opportunity, they implicitly support discrimination based on national origin; instead of sanctions or amnesty for the offenders, scholars plead amnesty for those who they otherwise regard as victims. These preliminary results suggest that the field is heavily biased: methodological nationalism seems to turn ethics into its opposite. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

This paper develops a political economic explanation of the 2007–9 US subprime crisis which focuses on one of its central causes: the transformation of racial exclusion in US mortgage-markets. Until the early 1990s, racial minorities were systematically excluded from mortgage-finance due to bank-redlining and discrimination. But, then, racial exclusion in credit-markets was transformed: racial minorities were increasingly given access to housing-credit under terms far more adverse than were offered to non-minority borrowers. This paper shows that the emergence of the (...) subprime loan is linked, in turn, to the strategic transformation of banking in the 1980s, and to the unique global circumstances of the US macro-economy. Thus, subprime lending emerged from a combination of the long US history of racial exclusion in credit-markets, the crisis of US banking, and the position of the US within the global economy. From the viewpoint of the capitalist accumulation-process, these loans increased the depth of the financial expropriation of the working class by financial capital. The crisis in subprime lending then emerged when subprime loans with exploitative terms became more widespread and were made increasingly on an under-collateralised basis – that is, when housing-loans became not just extortionary but speculative. (shrink)

A method of reflective equilibrium is adumbrated and then used to test the adequacy of moral conceptions appealing to fundamental human rights against Nietzschean conceptions of morality which would reject such an appeal. There is an attempt here both to articulate and critically probe a distinctive moral methodology (the method of reflective equilibrium) and to examine skeptical challenges to a foundationalism which would ground morality in fundamental rights claims. I attempt a partial testing of such a moral methodology by examining (...) its ability to meet such skeptical challenges to the rational grounding of human rights, and I assess (and this is plainly a reciprocal process) the depth of such skeptical challenges by the ability of such challenges to survive such an application of a method of reflective equilibrium. If that method is applied with discrimination and understanding, is it sufficient to defuse skeptical challenges to the pervasive belief that either rationality or the very taking of the moral point of view requires the acceptance of the belief that the design of morally acceptable social institutions and practices must be such that they aim at achieving a state of affairs in which all human beings are to be afforded equal consideration? Can a method of reflective equilibrium establish that a good society must embody such a commitment to an equality of human rights? (shrink)

While sexual and gender minorities are at increased risk for poor health outcomes, there is limited data regarding patient-provider interactions. In this study, we explored the perspectives of LGBTQ patients and their encounters with physicians in order to improve our understanding of patient-physician experiences. Using purposive selection of self-identified LGBTQ patients, we performed fourteen in-depth semi-structured interviews on topics of sexual orientation and gender identity, as well as their perceived role in the patient-provider relationship. Coding using a modified grounded (...) theory approach was performed to generate themes. We identified three major themes that demonstrate the complexity of LGBTQ patient experiences. The first, Lacking trust, identifies mistrust and loss of the physician-patient relationship resulting from physicians’ poor or judgmental communication, or from physicians making assumptions about gender, using incorrect pronouns, and not recognizing heterogeneity within the transgender community. A second theme, Being vulnerable, describes the challenges and fears related to comfort of patients with disclosing their sexual orientation and/or gender identity. A final theme, Navigating discrimination, outlines racial or ethnic discrimination which creates an additional burden on top of illness and stigmatized identity. Our results reveal the complex needs of individuals with multiple stigmatized identities when developing relationships with providers. By using an intersectional perspective that appreciates the plurality of patients’ identities, providers can help to improve their relationships with LGBTQ patients. Incorporating intersectional training for medical students and residents could greatly benefit both LGBTQ patients and their physicians. (shrink)

One rationale policy-makers sometimes give for declining to fund a service or intervention is on the grounds that it would be ‘unaffordable’, which is to say, that the total cost of providing the service or intervention for all eligible recipients would exceed the budget limit. But does the mere fact that a service or intervention is unaffordable present a reason not to fund it? Thus far, the philosophical literature has remained largely silent on this issue. However, in this article, we (...) consider this kind of thinking in depth. Albeit with certain important caveats, we argue that the use of affordability criteria in matters of public financing commits what Parfit might have called a ‘mistake in moral mathematics’. First, it fails to abide by what we term a principle of ‘non-perfectionism’ in moral action: the mere fact that it is practically impossible for you to do all the good that you have reason to do does not present a reason not to do whatever good you can do. And second, when used as a means of arbitrating between which services to fund, affordability criteria can lead to a kind of ‘numerical discrimination’. Various attendant issues around fairness and lotteries are also discussed. (shrink)

The Common School should promote a sense of the distinctive worth of all human beings. How is the respect thus owed to every individual to be properly understood? This familiar question is explored by discussing ‘lookism’, a form of discrimination on the grounds of appearance. The treatment is located within a wider analysis of stereotyping. Ultimately stereotyping overlooks persons as sources of actions with moral significance and as potential owners of moral virtues. The Common School could profitably approach traditionally (...) emotive issues such as racism indirectly by helping students to understand in some depth how ‘lookist’ attitudes deny agency. It could then encourage students to apply these insights to traditional forms of discrimination. (shrink)

Ethical clinical practice requires cultural competency. In the United States, Hispanics report stronger attitudinal barriers to drug abuse treatment than any other racial/ethnic group. Hispanics report feeling that drug abuse treatment providers do not understand their unique cultural needs and are unfamiliar with their experiences of discrimination and immigration. Using this case study to explore broader ethical and policy issues, this study investigates the extent to which US universities train counselors to address the culturally specific needs of Hispanic patients (...) and how this is reflected in practice in Los Angeles County. Based on a content analysis of the required courses, syllabi, and course descriptions at 30 universities related to culture/race/racism/ethnicity/diversity at the undergraduate and graduate levels on the addiction therapist track, and thematic analysis of eight in-depth interviews with counselors working in outpatient rehabilitation centers in Los Angeles, I argue that cultural competency education for drug abuse counselors is too surface level and infrequent to adequately prepare students for a career in addiction counseling for Hispanic clients. Significant changes must be made to how cultural diversity is valued and prioritized in the field of psychology to provide better care for Hispanic people with a substance use disorder and fulfill the moral obligation to eliminate this health disparity. Although this study focuses on counselors in Los Angeles, these findings are relevant for professionals and healthcare systems across the United States and beyond who seek to provide equitable and effective care for Hispanic patients. (shrink)

Key words: liar paradoxes, propositions, definite descriptions A Liar would be a sentence or sentence-token that expresses a proposition that is both true and not true. A Liar Paradox is reasoning that would do the impossible and demonstrate the reality of a Liar. It is sufficient, fully to resolve a Liar Paradox, to turn its purported demonstration that some sentence or sentence-token expresses a proposition that is both true and not true into a reductio of the existence of the proposition (...) that would be expressed, while ‘explaining away’ the particular tricks and charm of the purported demonstration of paradox. The interest of these exercises lies in the seductiveness of the would be demonstration of a Liar Paradox, and in the depth and subtlety of logical/grammatical resources that can be tapped and fashioned to dispel it. The Liar taken on in this paper occasions especially seductive reasoning that exploits ‘scope-ambiguities’ of definite descriptions that, not incidentally, survive unscathed when its argument is symbolized in a Fregean description theory in which scopes of definite descriptions are not discriminated. Symbolizing this argument in a Russellian description theory in which scopes are discriminated makes unavoidable that its scope-ambiguities be settled one way or another, and reveals that however the scope ambiguity of a certain premise is settled the resultant unambiguous argument is unsound, either because it is invalid, though this premise comes out true, or because, though it is valid, this premise comes out not true. These results of Russellian analysis pave the way to a formal demonstration, from premises to which a monger of the paradox would be committed, that contrary to his case the Liar of this paper does not express a proposition. This conclusion is confirmed in the Appendix to this paper by a demonstration from a single empirical premise that no one can deny, in a Russellian calculus enhanced for truth of propositions expressed by tokens of sentences.. (shrink)

Female migrant workers are doubly disadvantaged in China's urban labor market because of their doubly marginalized identities as both women and rural residents. This article takes a process-centered approach to explore how female migrants' two identity categories generate intersectional effects on their job-search experiences in cities. Data from in-depth interviews conducted in Xi'an city, China, in 2010 and 2011 reveal that three patterns of relationship explain the processes where the gender–hukou intersection affects female migrants. In the first pattern, a (...) splintering relationship, hukou and gender work singly to form employment discrimination against female migrants. The second, a contesting relationship, indicates that hukou and gender alternate as the primary identities that affect their employment opportunities. In the third, a collaborating relationship, hukou and gender work together to either positively or negatively shape female migrants' employment prospects. No matter which of the relationships plays out, female migrants' disadvantages as cheap urban laborers have become deeply entrenched in the urban labor market. This can be explained by two powerful social institutions in contemporary China, the hukou system and patriarchy. (shrink)

In recent times, in Asia and more specifically in South Asia the discourse on ethnic and religious nationalisms that attempt to redefine the identity of locals in an exclusive and adversarial manner has dominated political and mainstream exchanges. This emphasis on stringent and radical nationalism has serious ramifications for inclusive development. This article critically examines the findings of the Inclusive Development Index 2018 and link it with other reports and surveys like the Oxfam survey 2017 to find out the connections (...) between stringent forms of nationalism and development. Besides analyzing briefly the notions of nationalism as played out concretely in the South Asian nations, this article makes an in-depth analysis of the specific case of the right wing ‘Hindutva’ ideology in India. The processes, institutions and structures that lead to various forms of systemic bias and discrimination against the minorities will be identified, and the role of stringent nationalism in reinforcing these biases and thus impeding the project of inclusive development will be scrutinised. Keywords : inclusive development, radical nationalism, Hindutva, minorities, South Asia, inequality, post-colonial. (shrink)

To successfully learn using open Internet resources, students must be able to critically search, evaluate and select online information, and verify sources. Defined as critical online reasoning, this construct is operationalized on two levels in our study: the student level using the newly developed Critical Online Reasoning Assessment, and the online information processing level using event log data, including gaze durations and fixations. The written responses of 32 students for one CORA task were scored by three independent raters. The resulting (...) score was operationalized as “task performance,” whereas the gaze fixations and durations were defined as indicators of “process performance.” Following a person-oriented approach, we conducted a process mining analysis, as well as a latent class analysis to test whether—following the dual-process theory—the undergraduates could be distinguished into two groups based on both their process and task performance. Using PM, the process performance of all 32 students was visualized and compared, indicating two distinct response process patterns. One group of students, defined as “strategic information processers,” processed online information more comprehensively, as well as more efficiently, which was also reflected in their higher task scores. In contrast, the distributions of the process performance variables for the other group, defined as “avoidance information processers,” indicated a poorer process performance, which was also reflected in their lower task scores. In the LCA, where two student groups were empirically distinguished by combining the process performance indicators and the task score as a joint discriminant criterion, we confirmed these two COR profiles, which were reflected in high vs. low process and task performances. The estimated parameters indicated that high-performing students were significantly more efficient at conducting strategic information processing, as reflected in their higher process performance. These findings are so far based on quantitative analyses using event log data. To enable a more differentiated analysis of students’ visual attention dynamics, more in-depth qualitative research of the identified student profiles in terms of COR will be required. (shrink)

When I was a 7 months pregnant medical student, an attending surgeon asked me to which specialty I would be applying. When I replied that I was hoping to match in general surgery, he touched my pregnant abdomen and said, “Not with that you’re not.” I am not alone. Gender bias and discrimination have been shown to negatively impact women surgeons throughout their careers and deter women from even applying in surgical fields.1 Bias against female surgical trainees leads to (...) less operative autonomy and higher dropout rates.2 3 Once faculty, women surgeons are less likely to reach leadership roles.4 Recent studies confirm the author’s assertion that implicit biases create substantial harm. The author has undertaken an important study, conducting in-depth interviews with 46 women surgeons in Australia that identifies four distinct types of bias causing cumulative harm. In all four types of biases: Workplace factors including leave policies and mentorship. Epistemic injustices, or unfair assessments of women surgeons’ credibility by patients and colleagues. Stereotyped expectations. Objectification, implicit biases were seen. While many of the broad factors impeding women in surgery are well known, the author argues that these subtler factors, including both implicit bias and epistemic injustice, have a large impact. The …. (shrink)

In the virtual world, people can reconstruct their identity the way they want with avatars. Many expect the high degree of freedom in avatar customization will give new chances to socially marginalized people experiencing discrimination against their physical traits. Accordingly, research on a virtual embodiment of marginalized people has been steady with increased interest in equity and inclusion. However, even discourse alienates people with disabilities. In addition, there are few studies on the virtual representations of people with disabilities. Therefore, (...) this paper explores the shared perception of avatar-based disability representations among people with disability to help understand how they want to construct their disability with avatars. The study also gives direction for a barrier-free virtual world. We conducted semi-structured in-depth interviews with people with physical impairments who used virtual world services and performed a core-periphery analysis of social representations. This study expands the range of academic adoption of the social representations theory and provides insights for stakeholders such as service providers to design an inclusive virtual world. (shrink)