For the successful achievement of evidence-based practice, clinicians, managers and purchasers need evidence on whether a particular intervention works and ways to judge the appropriateness of the outcome criteria and measures used. Guidance is needed on what outcome measure to use, especially within routine clinical care settings. Beginning with a re-clarification of the difference between a health status and an outcome measure, the paper presents an evaluative checklist for use by clinical audit and research staff to review outcome measures for (...) use in routine care settings. Central features include the user-centredness of the measure, its psychometric properties, feasibility of use and utility. The applicability of the checklist is illustrated for outcome measurement in diabetes and stroke care. A modified form of the checklist is proposed for use by the busy clinician as an aid to the critical review of research papers within the context of evidence-based practice and to aid health care practitioners' choice of which outcome measure(s) to use within routine clinical care. (shrink)

That alcohol provides a benefit to creative processes has long been assumed by popular culture, but to date has not been tested. The current experiment tested the effects of moderate alcohol intoxication on a common creative problem solving task, the Remote Associates Test . Individuals were brought to a blood alcohol content of approximately .075, and, after reaching peak intoxication, completed a battery of RAT items. Intoxicated individuals solved more RAT items, in less time, and were more likely to (...) perceive their solutions as the result of a sudden insight. Results are interpreted from an attentional control perspective. (shrink)

Tariq Ramadan’s recent book, Radical Reform: Islamic Ethics and Liberation, boldly proclaims the need for Muslims to completely rethink the very meaning of Islamic law, traditionally the preeminent Islamic normative discourse and a primary distinguishing feature of Islam from other religions, replacing it with a more ecumenical applied ethics. He begins the book by rejecting the moderate reformist methods adopted in his previous books as insufficient for the ‘radical reform’ of their epistemologies and mentalities which he believes contemporary Muslims must (...) undertake. It is tempting, therefore, to see this work as a radical break with Law. In this article, I offer a different interpretation. On my reading, throughout his previous works Ramadan systematically advanced and elevated a certain interpretation of Law, based on an appropriation of certain concepts taken from mainstream Islamic legal theory and crucial to the efforts of all reformist thinkers. It is these concepts, which he retains but completely recasts, which mediate his move to a post-legal Islamic ethics. I argue that Ramadan’s long-term project neither merely abandons Islamic law, nor merely reforms it, but dissolves the framework of Law through its own devices. (shrink)

Commonplace among deliberative theorists is the view that, when defending preferred laws and policies, citizens should appeal only to reasons they expect others reasonably to accept. This view has been challenged on the grounds that it places an undue burden on religious citizens who feel duty-bound to appeal to religious reasons to justify preferred positions. In response, I develop a conception of democratic deliberation that provides unlimited latitude regarding the sorts of reasons that can be introduced, so long as (...) one is prepared to defend them against criticism. Moreover, I contend that religious citizens have a powerful incentive, based on their religious convictions, to be fully responsive to criticism. I defend this proposition by drawing on Robert Erlewine’s account of Hermann Cohen’s ‘religion of reason’. (shrink)

The quest for ecological sustainability—specifically via prioritizing degrowth—creates significant, often overlooked challenges for the chronically ill. I focus on type-1 diabetes, treatment for which depends on nonrenewables and materials implicated in the global proliferation of toxins that harm biospheric functions. Some commentators suggest obliquely that seeking to develop ecologically sustainable treatments for type-1 shouldn’t be prioritized. Other medical concerns take precedence in a post-carbon world marked by climate change and widespread ecological devastation. I challenge this view on three grounds. Its (...) proponents (i) fail to treat type-1 as the public health issue it is, particularly within the context of what Sunaura Taylor calls disabled ecologies. They (ii) deny persons with type-1 an equal opportunity to pursue survival. And they (iii) presume without warrant that treating type-1 is an all-or-nothing affair. Indeed, research by biohackers points to suboptimal but potentially workable ways to make type-1 survivable in a post-carbon future—so long, I stress, as their findings are cripped in a manner that foregrounds the demands of environmental justice. (shrink)

Controversy and activism have long been linked to the subject of primate research. Even in the midst of raging ethical debates surrounding fertility treatments, genetically modified foods and stem-cell research, there has been no reduction in the campaigns of activists worldwide. Plying their trade of intimidation aimed at ending biomedical experimentation in all animals, they have succeeded in creating an environment where research institutions, often painted as guilty until proven innocent, have avoided addressing the issue for fear of becoming (...) targets. One area of intense debate is the use of primates in stroke research. Despite the fact that stroke kills more people each year than AIDS and malaria, and less than 5% of patients are candidates for current therapies, there is significant opposition to primate stroke research. A balanced examination of the ethics of primate stroke research is thus of broad interest to all areas of biomedical research. (shrink)

Controversy and activism have long been linked to the subject of primate research. Even in the midst of raging ethical debates surrounding fertility treatments, genetically modified foods and stem-cell research, there has been no reduction in the campaigns of activists worldwide. Plying their trade of intimidation aimed at ending biomedical experimentation in all animals, they have succeeded in creating an environment where research institutions, often painted as guilty until proven innocent, have avoided addressing the issue for fear of becoming (...) targets. One area of intense debate is the use of primates in stroke research. Despite the fact that stroke kills more people each year than AIDS and malaria, and less than 5% of patients are candidates for current therapies, there is significant opposition to primate stroke research. A balanced examination of the ethics of primate stroke research is thus of broad interest to all areas of biomedical research. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

The brain displays both the anatomical features of a vast amount of interconnected topological mappings as well as the functional features of a nonlinear, metastable system at the edge of chaos, equipped with a phase space where mental random walks tend towards lower energetic basins. Nevertheless, with the exception of some advanced neuro-anatomic descriptions and present-day connectomic research, very few studies have been addressing the topological path of a brain embedded or embodied in its external and internal environment. Herein, by (...) using new formal tools derived from algebraic topology, we provide an account of the metastable brain, based on the neuro-scientific model of Operational Architectonics of brain-mind functioning. We introduce a “topodynamic” description that shows how the relationships among the countless intertwined spatio-temporal levels of brain functioning can be assessed in terms of projections and mappings that take place on abstract structures, equipped with different dimensions, curvatures and energetic constraints. Such a topodynamical approach, apart from providing a biologically plausible model of brain function that can be operationalized, is also able to tackle the issue of a long-standing dichotomy: it throws indeed a bridge between the subjective, immediate datum of the naïve complex of sensations and mentations and the objective, quantitative, data extracted from experimental neuro-scientific procedures. Importantly, it opens the door to a series of new predictions and future directions of advancement for neuroscientific research. (shrink)

Asset egalitarianism is a new agenda but an old idea. At its root is the notion that every citizen should be able to have an individual property stake, and it has recently been revived in Britain and in the U.S. in a number of proposals aimed at countering the huge and growing inequality in the distribution of assets. Such asset egalitarianism is fed from many streams; it has a long history in civic republican thought, beginning with Thomas Paine and (...) Thomas Jefferson, but has also featured in the distributist theories of G.K. Chesterton and Hilaire Belloc; the guild socialism of G.D.H. Cole and the ethical socialism of R.H. Tawney; the market liberalism of the Ordo Liberals and some of the Austrian School, particularly F.A. Hayek; and more recently the market socialism of James Meade, A.B. Atkinson and Julian Le Grand, and the market egalitarianism of Michael Sherraden, Samuel Bowles, Herbert Gintis, Richard Freeman and Bruce Ackerman. There are also important links to the proponents of a citizens' income as a different approach to the welfare state (White 2002) as well as to the ideas of stakeholding (Dowding et al. 2003). (shrink)

This article presents six ideas about the construction of emotion: (a) Emotions are more readily distinguished by the situations they signify than by patterns of bodily responses; (b) emotions emerge from, rather than cause, emotional thoughts, feelings, and expressions; (c) the impact of emotions is constrained by the nature of the situations they represent; (d) in the OCC account (the model proposed by Ortony, Clore, and Collins in 1988), appraisals are psychological aspects of situations that distinguish one emotion from another, (...) rather than triggers that elicit emotions; (e) analyses of the affective lexicon indicate that emotion words refer to internal mental states focused on affect; (f) the modularity of emotion, long sought in biology and behavior, exists as mental schemas for interpreting human experience in story, song, drama, and conversation. (shrink)

Research on corporate political activity has considered a number of antecedents to a firm’s engagement in politics. The majority of this research has focused on either industry or firm-level motivations that lead to corporate political activity, leaving the role of the firm’s leader noticeably absent in such scholarship. This article combines ideas from Upper Echelons Theory with research in corporate political activity to bridge this important gap. More specifically, this research utilizes CEO demographic characteristics to determine whether a firm will (...) invest in political activity and how these characteristics influence the particular approach to political activity the firm undertakes. Considering 27 years of data from large U.S. firms, we find that a CEO’s age, tenure, functional, and educational backgrounds influence whether and how the firm invests in political activity. (shrink)

On one reading of Kant’s account of our original representations of space and time, they are, in part, products of the understanding or imagination. On another, they are brute, sensible givens, entirely independent of the understanding. In this article, while I agree with the latter interpretation, I argue for a version of it that does more justice to the insights of the former than others currently available. I claim that Kant’s Transcendental Deduction turns on the representations of space and time (...) as determinate, enduring particulars, whose unity is both given and a product of synthesis. (shrink)

Lucy Allais argues that we can better understand Kant's transcendental idealism by taking seriously the analogy of appearances to secondary qualities that Kant offers in theProlegomena. A proper appreciation of this analogy, Allais claims, yields a reading of transcendental idealism according to which all properties that can appear to us in experience are mind-dependent relational properties that inhere in mind-independent objects. In section 1 of my paper, I articulate Allais's position and its benefits, not least of which is its elegant (...) explanation of how the features of objects that appear to us are transcendentally ideal while still being ‘empirically’ real. In section 2, I contend that there are elements of Allais's account that are problematic, yet also inessential, to what I view to be the core contribution of her analysis. These elements are the views that the properties that appear to human beings are not really distinct from properties that things have ‘in themselves’ and that Kant embraced a relational account of perception. In section 3, I return to the core of Allais's reading and argue that, despite its multiple virtues, it cannot make sense of key features of Kant's idealism. (shrink)

Some scholars have argued that religiously injurious speech poses a serious problem for secular liberal thought. It has been suggested that secular liberal thought and political practice often misrecognize the nature of the injury involved in speech that violates the sacred and that much secular thought about religious injury (and free exercise more generally) is premised on unacknowledged Protestant conceptions of what real religion is. In this essay, I argue against the ideas that secular liberalism tends to treat religion only (...) as a matter of freely chosen belief and that the unchosen, habituated nature of much religious experience raises a problem for the defense of speech that violates the sacred. I argue that secular thought and practice should remain very concerned about the social and political harms of speech directed unambiguously at social groups but need not eliminate the gap between religious attachments and religious persons. (shrink)

In this article I take up John Rawls's invitation to investigate the capacity of a given comprehensive ethical doctrine to endorse on principled grounds the liberal terms of social cooperation. In the case of Islamic political ethics, however, far more is at stake in affirming citizenship in a (non-Muslim) liberal democracy than state neutrality and individual autonomy. Islamic legal and political traditions have traditionally held that submission to non-Muslim political authority and bonds of loyalty and solidarity with non-Muslim societies are (...) to be avoided. In this article, I examine the Islamic foundations for affirming on principled grounds residence, political obligation and loyalty to a non-Muslim state. My research shows not only that such grounds exist even in classical Islamic legal discourses, but also that the concerns of Islamic scholars vindicate political liberalism's claim to successfully accommodate the adherents of certain non-liberal doctrines by refraining from proclaiming controversial metaphysical truth-claims. (shrink)

I argue that Grafen’s formal darwinism project could profitably incorporate a gene’s-eye view, as informed by the major transitions framework. In this, instead of the individual being assumed to maximise its inclusive fitness, genes are assumed to maximise their inclusive fitness. Maximisation of fitness at the individual level is not a straightforward concept because the major transitions framework shows that there are several kinds of biological individual. In addition, individuals have a definable fitness, exhibit individual-level adaptations and arise in a (...) major transition, only to the extent that the inclusive-fitness interests of genes within them coincide. Therefore, as others have suggested, the fundamental level at which fitness is maximised is the gene level. Previous reconciliations of the concepts of gene-level fitness and individual-level fitness implicitly recognise this point. Adaptations always maximise the fitness of their causative genes, but may be simple or complex. Simple adaptations may be controlled by single genes and be maladaptive at higher levels, whereas complex adaptations are controlled by multiple genes and rely on those genes having coinciding fitness interests at a higher level, for a given trait. (shrink)

In this essay, I offer a twofold defense of homelessness. First, I argue that specifiable socio-economic forms of organization that are common among the homeless and that operate at least partially independently of state and philanthropic institutions embody valuable and worthwhile ways to live and to make a living. Second, the norms underlying the current institutional response to homelessness facilitate psychological distress and social fragmentation not just among the homeless but among the housed as well. As a result, the ways (...) in which the homeless seek to live and to make a living may be conducive to the wellbeing of the housed as well. (shrink)

The phenomenon of “Muslim Democracy” has been analyzed by scholars for a number of years, at least since the mid-1990s. The standard view about Muslim Democracy is that (perhaps like its European counterpart Christian Democracy) it represents a nonideological, or postideological, pragmatic approach to electoral politics. The purpose of this article is to advance two primary arguments. The first is that the turn to Muslim Democracy as an ideology and practice should first be understood as a way of thinking about (...) politics that breaks with the sovereigntist imaginary that dominated modern Islamic political thought. Second, Muslim Democrats do not forswear the use of democratic means to advance goals derived from religious commitment as part of their recognition of pluralism and constitutional democracy. Their attitude toward politics should thus be seen as a form of agonistic pluralism. This article thus proposes an interpretation of Muslim Democracy as post-sovereigntist agonistic political Islam. (shrink)

This article is reprinted with permission from the Journal of African Christian Thought vol. 4 no. 2, December 2001 published by the Akrofi-Kristaller Memorial Centre for Mission Research and Applied Theology, PO Box 76 Akropong-Akuapem, Ghana, [email protected]. We are grateful to the editor Dr Gillian Bediako.

"Much of the disagreement and controversy over Ramadan's significance arguably stems not from a disagreement over what he is on record as having asserted or done but from unexamined or unarticulated assumptions about liberal principles and what they demand of Muslims.".

abstract In this article I consider whether the legalization of sex‐same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the ‘marriage’ business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally (...) registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first‐degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

Many proponents of deliberative democracy expect reasonable citizens to engage in rational argumentation. However, this expectation runs up against findings by behavioral economists and social psychologists revealing the extent to which normal cognitive functions are influenced by bounded rationality. Individuals regularly utilize an array of biases in the process of making decisions, which inhibits our argumentative capacities by adversely affecting our ability and willingness to be self-critical and to give due consideration to others’ interests. Although these biases cannot be overcome, (...) I draw on scientifically corroborated insights offered by Adam Smith to show that they can be kept in check if certain affective and cognitive capacities are cultivated. Smith provides a compelling account of how to foster sympathetic, impartial, and projective role-taking in the process of interacting with others, which can greatly enhance our capacity and willingness to critically assess our own interests and fairly consider those of others. (shrink)

The Human Genome Project is an expensive, ambitious, and controversial attempt to locate and map every one of the approximately 100,000 genes in the human body. If it works, and we are able, for instance, to identify markers for genetic diseases long before they develop, who will have the right to obtain such information? What will be the consequences for health care, health insurance, employability, and research priorities? And, more broadly, how will attitudes toward human differences be affected, morally (...) and socially, by the setting of a genetic “standard”? The compatibility of individual rights and genetic fairness is challenged by the technological possibilities of the future, making it difficult to create an agenda for a “just genetics.” Beginning with an account of the utopian dreams and authoritarian tendencies of historical eugenics movements, this book’s nine essays probe the potential social uses and abuses of detailed genetic information. Lucid and wide-ranging, these contributions will interest bioethicists, legal scholars, and policy makers. Essays: “The Genome Project and the Meaning of Difference,” Timothy F. Murphy “Eugenics and the Human Genome Project: Is the Past Prologue?,” Daniel J. Kevles “Handle with Care: Race, Class, and Genetics,” Arthur L. Caplan “Public Choices and Private Choices: Legal Regulation of Genetic Testing,” Lori B. Andrews “Rules for Gene Banks: Protecting Privacy in the Genetics Age,” George J. Annas “Use of Genetic Information by Private Insurers,” Robert J. Pokorski “The Genome Project, Individual Differences, and Just Health Care,” Norman Daniels “Just Genetics: A Problem Agenda,” Leonard M. Fleck “Justice and the Limitations of Genetic Knowledge,” Marc A. Lappé. (shrink)

If a state with liberal political and justificatory commitments extends benefits of various kinds to persons forming families, what qualifications may such a state place on the right to access to those benefits? I will make two assumptions for the purposes of this paper. The first is the political and justificatory terrain of some form of political or otherwise non-perfectionist liberalism. The assumption is that we are considering the resources and limitations of a community of persons who accept moral pluralism (...) (if not a specific doctrine like the "burdens of judgment"), some priority for individual freedom, and the obligation to justify public coercion and exclusion in terms accessible and fair to all members of morally and culturally diverse society. The second is that it is justified for a liberal state to recognize some forms of domestic partnerships or families in the first place and extend further benefits to them such as tax credits or laws extending (or facilitating the extension of) medical or social insurance. It is, of course, possible to imagine the argument that the liberal state gets out of the marriage business by getting out of it entirely - by extending no recognition or positive rights to families whatsoever beyond negative non-interference rights. I am interested in the dilemma of a society broadly like existing liberal ones which is committed both to subsidizing families and also to justificatory neutrality (expressed in American constitutional legal terms as the requirement of providing a "rational basis" for unequal treatment). Given these assumptions, I believe that the most justifiable policy on liberal grounds is not the institution of "marriage" increasingly open to new constituent relationships but rather a status of "registered domestic partnership" which fulfills the social and moral aims behind subsidizing the family but is entirely neutral not only to the gender or even to the numbers of the partners, but also to the affective and emotional content of domestic life and the purposes behind contracting domestic partnerships. So is there a right to polygamy and incestuous marriage? There is not a specific right to either and thus there is no a priori reason why some restrictions or even prohibitions on them might not be justified, but the same is true for every specific act where a general right to the freedom exists. I argue in this paper, however, that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. I argue that objections to polygamy from (1) female autonomy, (2) damage to children, (3) fairness in the marital market, and (4) the unfair burdening of society are serious and worth refuting, but do not establish a victorious case against multi-member relationships. As to incest, there are two separate questions. The first is whether the new institution of "registered domestic partnerships" should be open to them. The answer to that, given the state's lack of interest in citizens' reasons for forming partnerships and in what they do whilst being registered in one, is clearly "yes." The second is whether, entirely separate from the issue of legal recognition of domestic partnership, the state has a legitimate rational interest in deterring, preventing or punishing consanguineous sexual relations between close blood relations (first-degree incest). Here, the objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

This paper introduces views both hostile to and supportive of the ideas of secularism and religious neutrality in the jurisprudence of Muslim minorities (fiqh al-aqalliyyat).

In a recent article, Saba Mahmood has presented an intriguing account of what was at stake morally and emotionally for a large number of Muslims in the Danish cartoon controversy. In doing so, she offers a framework for thinking about such instances that takes the place of accounts that portray the conflict as one between a liberal, secular commitment to free speech and a religious commitment to combating blasphemy.

I examine the way in which President Islam Karimov of Uzbekistan has attempted to legitimate authoritarian rule since the transition from communism. A comparison is made between late-Soviet modes of authoritarian legitimation and those of the Karimov regime, and the success of the project at the conceptual level is examined. The article closes with a consideration of the implications of this study for evaluating Juan J. Linz's classical thesis on the relationship between authoritarianism and ideology and some general propositions on (...) the structure of authoritarian legitimation. (shrink)

This paper examines what is involved in using comparative methods within political theory and whether there should be such a sub-field as "comparative political theory." It argues that "political theory" consists of multiple kinds of activities which are either primarily "scholarly" or "engaged." It is easy to imagine how scholarly forms of political theory can, and have been, comparative. The paper critiques, however, existing calls for the creation of "comparative political theory" (CPT) sub-field focused on the study of "non-Western" texts. (...) CPT needs to explain why it is not merely "expanding the canon" to include non-Western texts and why a certain non-Western text is "alien," thus justifying the moniker "comparative." I argue, systematically though 10 discrete theses, that the strongest warrant for an "engaged" comparative political theory is the first-order evaluation of the implication of the contestations of norms, values and principles between distinct and coherent doctrines of thought. (shrink)

This essay argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. My purpose is not to survey exhaustively the empirical literature on contemporary forms of polygamy, but to tease out the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified. The most common objection to polygamy is on grounds of gender (...) equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (whatever name it goes by in contemporary, complex, multicultural societies) to tolerate a certain amount of inegalitarianism in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable. (shrink)

Mirror for the Muslim Prince: Islam and the Theory of Statecraft. Edited by Mehrzad Boroujerdi. Modern Intellectual and Political Theory of the Middle East. Syracuse: Syracuse University Press, 2013. Pp. xi + 465. $49.95.

In this article I consider whether there a right to incestuous marriage. I begin by suggesting that the liberal state get out of the "marriage" business by leveling down to a universal civil union or "registered domestic partnership" status. Removing the symbolism of the term "marriage" from political conflict, privatizing it in the same way as religion, would have the advantage of both consistency and political reconciliation. The question is then whether incestuous unions should be both legal and eligible for (...) this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. One potentially surprising conclusion of this inquiry is that far from creating strong reasons for tolerating these practices, religious or cultural reasons for valuing incest (as well as polygamy) actually seem to count against tolerating them. The reason is that from a liberal perspective, tolerating polygamy and incest involves the assumption that it is possible to disassociate polygamy and incest simpliciter from abusive practices associated with them, including environments where children are raised to devalue their own sexual (and other) autonomy. However, the presence of comprehensive doctrines which include polygyny or incest as part of a good life actually makes it harder to justify disassociating polygamy and incest themselves from the likely abuse and coercion practiced by those who would value polygyny or incest. (shrink)

This article analyses the rhetorical legitimation strategy of post-Soviet Uzbekistan under Islam Karimov as an authoritarian state. I show that the most important mode of legitimation in this case is neither the consequentialist appeal to stability, order or welfare, nor a direct appeal to guardianship, i.e., special knowledge. Rather, Karimov and his court intellectuals seek to advance a conception of 'ideology' as the comprehensive pre-political consensus of the political community. Their concept of 'ideology' is used to advance a political logic (...) whereby the nature of the political community, the purpose of the state, the unifying political telos and the present regime are fused into a single entity. This ontological fusion is presented as a hegemonic reality and occurs at the pre-political level, resulting in the vanishingly small space left over for politics that characterizes authoritarian systems. I then suggest that such analysis of the hegemonic strategy of authoritarian regimes, and above all the teleological conception of politics it advances, is a superior approach to authoritarian legitimation than the search for explicit 'consequentualist' versus 'principled' arguments. (shrink)

This article surveys four approaches to moral obligation to non-Muslims found in Islamic legal thought. The first three approaches I refer to in this article as the "revelatory-deontological," the "contractualist-constructivist" and the "consequentialist-utilitarian." The main argument of this article is that present in many of the contemporary works on the "jurisprudence of Muslim minorities" (fiqh al-aqalliyyat) is an attempt to provide an Islamic foundation for a relatively thick and rich relationship of moral obligation and solidarity with non-Muslims. This attempt takes (...) the form of a fourth "comprehensive-qualitative" approach to political ethics in that it appeals not to juridical reasoning of the type "is x permissible and in which conditions?" but rather to Islamic ideals of what it means to live a good life, of what believing, normatively-committed Muslims want to pursue in this world, not only what they may pursue without fear of punishment. This meta-ethical approach builds on and goes beyond the first three. The force of this argument is that this fourth "comprehensive-qualitative" approach to moral obligation to non-Muslims is novel, emergent and not found not in the writings of outright reformers but in those of conservative, "neo-classical," shari'a-minded - even Muslim Brotherhood-affiliated - Islamic scholars. What also adds to the force of this argument is that the other meta-ethical discourses, particularly of contract and utility (maslaha), already get these scholars quite far towards a doctrine of "loyal resident alienage" in non-Muslim societies. That even orthodox Islamic scholars go further shows that they have some interest in giving a theological or principled foundation to a much thicker and richer form of moral obligation to non-Muslims, a relationship which involves recognizing non-Muslims qua non-Muslims and contributing to their well-being. (shrink)

In this article I consider whether the legalization of sex-same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the 'marriage' business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered (...) partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

'Incommensurability' has, in the last forty years, gained wide currency in the literature of philosophy. Kuhn and Feyerabend used the term in the early 1960's to describe an issue in the philosophy of science. They suggested that, when scientific theories are introduced that are significantly different from their predecessors, it may happen that the meanings of key terms differ significantly, and to the extent that scientists may be unable to fully comprehend the new theory until they experience a form of (...) radical conversion, in which they come to fully grasp the new theory. Key contributions have been made to this literature by Bishop, Devitt, Margolis, Sankey, and Scheffler. ;The notion of 'incommensurability' has also been widely used in discussions of ethics. Finnis has used the concept to effect a taxonomy of human values, arguing that there are seven such values and that incommensurability is the feature that contradistinguishes them. Key contributions have been made to this literature by Goodman, Griffin, Pannier, Raz, and Williams. ;In this work I discuss the literature of incommensurability in both the philosophy of science and ethics. I argue that there are at least two quite different notions of incommensurability: one is a well defined notion originally used by mathematicians; the other, less well defined, means, based on the etymology of the word, lacking a common measure. I argue, further, that the discussions of Kuhn and Feyerabend are based on the mathematical notion, while the discussions in ethics are based on the etymological notion. ;Further complicating the discussions in both ethics and the philosophy of science, is the connection between the notions of commensurability and comparability. I argue that the notions describe, differently, equivalent sets. ;Ultimately Kuhn's notion fails because he cannot resolve his arguments for both inexpressibility in a common language and for comparability of competing theories. Finnis's notion fails because incommensurability does not, in fact, uniquely describe the taxonomy for which he argues. (shrink)