Despite the importance of knowing the cognitive capabilities of children with neurodevelopmental conditions, less than one-third of children with cerebral palsy participate in standardized assessments. Globally, approximately 50% of people with cerebral palsy have an intellectual disability and there is significant risk for domain-specific cognitive impairments for the majority of people with cerebral palsy. However, standardized cognitive assessment tools are not accessible to many children with cerebral palsy, as they require manual manipulation of objects, verbal response and/or speeded response. As (...) such, standardised assessment may result in an underestimation of abilities for children with significant motor and/or speech impairment. The overall aim of the project is to examine and compare the psychometric properties of standardised cognitive assessment tools that have been accommodated for use with either a switch device or eye-gaze control technologies, with the specific aims to: Examine the psychometric properties of accommodated assessment tools by comparing the performance of typically developing children on six cognitive assessment tools administered via standardised versus accommodated administration; Describe and compare the performance and user experience of children with cerebral palsy on six accommodated cognitive assessments administered via switch or eye-gaze control technologies. Secondary aims are to: Describe the completion rates and time to complete assessments of participants in each group; Within the group with cerebral palsy, examine the effects of condition-specific characteristics and demographics on participation. This protocol paper describes a two-phase validation and acceptability study that utilizes a mixed-model design. This study will collect concurrent data from 80 typically developing children and 40 children with cerebral palsy, who use switch or eye-gaze control technology as alternate access communication methods. The set of instruments will measure receptive vocabulary, fluid reasoning, sustained attention, vision perception, visuospatial working memory and executive functions. Data analyses will be conducted using SPSS v. 25 and R v 4.1.0. SPSS Sample Power 3 was used for power computation and allows for a 10% drop out rate. Quantitative descriptive statistics, measurement agreement data plotting, bivariate and multiple regressions analysis will be conducted using appropriate methods. (shrink)

We live with the legacy of injustice, political as well as personal. Even if our governments are now democratically elected and governed, our societies are scarred by forms of power and privilege accrued from a time in which people’s race, sex, class and religion were grounds for denying them a role in government, or in the selection of those who governed them. What does that past imply for the treatment of religion in democratic states? The problem is particularly pressing once (...) one accepts that religious freedom is not just a matter of individuals’ freedom of conscience and worship, but of people’s claims to associate with others through institutions whose powers, status and commitment to equality are very different (Laborde, 2015). If this means that churches pose some of the same philosophical and practical problems as families, from a democratic perspective, the fact that churches have no obvious point or justification, beyond being the repository of the claims to conscience of their members, appears to distinguish them from the former. In principle, this should make it easier to think about the claims of government, as compared to those of churches. In practice, however, it may simply bring into sharper focus philosophical and political challenges to equality that contemporary democracies now face. (shrink)

En général, une personne sait ce qu’elle pense, veut, ou ressent, sans avoir besoin pour cela de s’appuyer sur des observations d’elle-même. En ce sens, la connaissance de soi semble bénéficier d’un privilège par rapport à la connaissance d’autrui, celui de pouvoir apparaître comme vraie sans être fondée sur l’observation et l’inférence. Ce privilège se nomme, après Wittgenstein, l’« autorité de la première personne ». Pour expliquer ce phénomène, la métaphysique traditionnelle a postulé, à l’instar du cogito cartésien, que le (...) sujet aurait une sorte d’accès direct à son intériorité que ne peut avoir autrui. Or, la plupart des philosophes contemporains rejettent l’idée d’intériorité « privée », mais ils ne s’accordent cependant pas sur l’explication qui devrait la remplacer. Ce chapitre se concentre sur la solution que Richard Moran apporte à ce problème. Moran reprend la thèse sartrienne selon laquelle pour savoir et dire ce que je pense, veux, ou vais faire, je suis obligé de me décider, de m’engager plutôt que de m’observer. En ce sens, soutient Moran, le trait distinctif de la connaissance de soi en première personne n’est pas tant un privilège qu’une responsabilité à assumer. Mais pour s’engager de façon responsable, ne faut-il pas chercher d’abord à se connaître ? Nous considérons la force de cette objection, soulevée par Ferdinand Alquié contre Sartre, et tâchons d’y répondre. Ce faisant, notre but est de montrer en quoi l’engagement d’une personne exige un rapport à soi sans équivalent dans ses rapports à autrui. (shrink)

The question of how gender might inflect and affect philosophy as a way of life has been somewhat neglected, as has the role of philosophical modes of living for historical female philosophers. This essay draws on Michel Foucault’s multifaceted, Hadot‐inspired conception of philosophy to show how transformative philosophical practices of the self function as feminist praxis in the work of the early modern feminist philosopher Mary Astell. Philosophy in Astell’s texts, the essay argues, is a spiritual practice of the self (...) that at the same time functions as a feminist critique both of sexist social structures and of the self that undertakes the practice. It facilitates women in achieving internal freedom. Finally, the essay discusses potential feminist concerns about Astell’s proposed philosophical way of living, before suggesting that it may have value for women today. (shrink)

The ethical conduct of research rests largely on researchers, and as such, an understanding of how they perceive and enact their role in research is paramount. However, the literature around ethics and research mostly focuses on researchers’ perception of Research Ethics Boards roles and functions. To fill that gap, we analyzed the perceptions of researchers, REB members, and influential parties about researchers’ role in the ethical conduct of research through discourse analysis. Three discourses emerged: researchers as reflective practitioners, protectors of (...) participants, and technicians. Understanding the commonalities and differences among the discourses may foster a shared and compelling institutional research culture. (shrink)

In May 2013 a new Assisted Dying Bill was tabled in the House of Lords and is currently scheduled for a second reading in May 2014. The Bill was informed by the report of the Commission on Assisted Dying which itself was informed by evidence presented by invited experts.

According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...) forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

In what sense is The Right to Sex philosophical? On the one hand, Amia Srinivasan’s philosophical credentials are beyond question; she holds a named professorship in social and political theory at...

Léontine Zanta (1878-1942) est la première femme française docteure en philosophie. Transgression symbolique, popularité médiatique, la reconnaissance d'une femme philosophe ne s'était jamais présentée comme telle sous la République. Si son caractère de pionnière résonne comme une évidence, à tel point que la doctoresse inspirera même la jeune Simone de Beauvoir dans son désir d'étudier la philosophie, pourquoi a-t-elle alors été oubliée de nos mémoires? Une enquête intellectuelle, dont cette biographie est le résultat, était donc nécessaire pour nous mettre face (...) à ce destin déroutant. (shrink)

It would be difficult to find a major figure in the history of European political thought who would not have attempted to say something about how authority emerges, or is justified and critiqued, in the world beyond the single polity. Quite frequently, that effort would have involved some idea about a legal order, or at least a set of rules or regularities applicable in that world. Thomas Hobbes was neither the first nor the last major thinker who believed that the (...) 'international' realm was characterised by the independence of states existing 'in the state and posture of gladiators', thus apparently denying that legal rules or practices or legal thinking could have much relevance therein. Yet others believed, as Immanuel Kant did, that without a constitutional vocabulary not much that was meaningful could be said about the human pursuit of freedom, and that silence about the latter would not only constitute a moral failure but an intellectual and perhaps political mistake. For a long time, the idiom of natural law claimed to offer a universally valid frame for thinking about the nature of the political, as well as providing authority for lawyers' speculations about the rules and principles governing the conduct of individuals and corporate bodies wherever they might move. The name of the relevant discipline at German universities from the late seventeenth century onwards-ius naturae et gentium, the law of nature and of nations-revealed the full scope of its ambition. That discipline may have died away (although that is a debatable proposition) but any political thinking worth its salt will today (perhaps especially in the twenty-first century) aim to say something about how authority emerges, is maintained or critiqued not only within but also outside the single state. The world of 'nations' or even 'humanity' is established as an important theme of political and legal speculation. (shrink)

This paper explores issues of abstraction and space in Sande Zeig's movie The Girl (2001), based on a novella by Monique Wittig, who also co-wrote the script. It argues that, with this movie, Zeig and Wittig strive to re-materialize the lesbian body abstracted by the ‘Straight Mind’ as defined by Wittig in her 1980 essay. The plot revolves around the love affair of two women, the narrator and the Girl (a lesbian painter and a straight B-grade jazz singer), under the (...) oppressive scrutiny of the Man (the Girl's boss). Each part of this paper corresponds to one space where the characters interact: first, it shows how the nightclub stands as a space of transgression for the lesbian subject and how it opens a reflection on temporality as represented by space; then the analysis of the hotel room where the Girl lives and meets the narrator demonstrates how, notably through the use of close-ups in erotic scenes, Zeig redefines abstraction as a new way to envisage the materiality of the lesbian body; finally, in the third part, the discussion on abstraction moves on to the narrator's studio where, through her work as a painter, she also explores abstract representations of the female body. This approach reconciles Wittigian theory with post-modern queer theory, and confirms that the former still offers paths to positive reformulations of modes of relationality through the de-spatialization of gender – de-genderization; the rematerialization of the body outside of heteronormative conventions; and a reconfiguration of human relationships that refuses the inevitability of social and amorous hierarchy, and that shifts the representation of the erotic from possessiveness to disinterested reciprocity. (shrink)

The visual system is known to extract summary representations of visually similar objects which bias the perception of individual objects toward the ensemble average. Although vision plays a large role in guiding action, less is known about whether ensemble representation is informative for action. Motor behavior is tuned to the veridical dimensions of objects and generally considered resistant to perceptual biases. However, when the relevant grasp dimension is not available or is unconstrained, ensemble perception may be informative to behavior by (...) providing gist information about surrounding objects. In the present study, we examined if summary representations of a surrounding ensemble display influenced grip aperture and orientation when participants reached-to-grasp a central circular target which had an explicit size but importantly no explicit orientation that the visuomotor system could selectively attend to. Maximum grip aperture and grip orientation were not biased by ensemble statistics during grasping, although participants were able to perceive and provide manual estimations of the average size and orientation of the ensemble display. Support vector machine classification of ensemble statistics achieved above-chance classification accuracy when trained on kinematic and electromyography data of the perceptual but not grasping conditions, supporting our univariate findings. These results suggest that even along unconstrained grasping dimensions, visually-guided behaviors toward real-world objects are not biased by ensemble processing. (shrink)

Objective The objective of this article is to provide an ethical analysis of a high-risk, advanced treatment case where the patient received transcatheter aortic valve insertion, for aortic valve stenosis. Particular emphasis will be placed upon the significance of evidence and the implications for priority setting. Method One paradigmatic case involving a TAVI patient from a large university hospital in Norway is described and analysed. The method used was ethical case analysis modified after Kymlicka by Miljeteig et al. Perioperative mortality (...) risk was estimated using the Euroscore risk-logarithm and the Society of Thoracic Surgeons’ risk model, STS. These predict the risk of operative mortality and morbidity associated with adult cardiac surgery. GRADE, the Grading of Recommendations Assessment, Development and Evaluation, was used to evaluate the evidence. Results In the case analysis, we found that it would be ethically justifiable not to recommend TAVI treatment for this patient. Although the patient had a severe condition in need of treatment, the expected improvement was marginal, the quality of evidence was low and the opportunity costs for other patients and society were higher than usually deemed appropriate. Conclusions Decision-making in the absence of high quality evidence from randomized trials is a complex process involving difficult ethical judgments. Novel high-risk devices often enter the European market with limited clinical evidence. Transparency and improved clinical evaluation are required so patient safety is not jeopardized. We argue that implementation of high risk, high cost interventions should be better regulated at a national level. Background All clinical decisions imply priority setting and therefore indirectly affect other patients and other patient groups. The use of expensive, innovative health technologies has an affect on individual patients as well as on other patient groups competing for the same resources. (shrink)

This volume reviews and takes stock of legal ethics, at a time when the legal profession globally is experiencing considerable change and challenges, through a re-evaluation of writings that are in some way foundational to the field. Legal ethics, understood here as the study of the ethics and professional regulation of lawyers, has emerged as a novel and important field of study over the last 50 years. It is also one that displays considerable diversity in its scholarship, with distinctive philosophical (...) and interdisciplinary approaches emerging over the years to underpin and supplement the doctrinal 'law on lawyering'. With contributions from leading and emerging scholars from the United States, Australia, Canada, the Netherlands, New Zealand and the United Kingdom, this collection offers not just critical insights into the authors' chosen texts, but a thought-provoking commentary on the current state of legal ethics scholarship and its future directions. In addition to being an essential resource for scholars and students of legal ethics theory, it will also be of interest to academics and researchers in legal theory, the philosophy of law, and applied ethics. (shrink)

Corporate social responsibility (CSR) is a dramatically expanding area of activity for managers and academics. Consumer demand for responsibly produced and fair trade goods is swelling, resulting in increased demands for CSR activity and information. Assets under professional management and invested with a social responsibility focus have also grown dramatically over the last 10 years. Investors choosing social responsibility investment strategies require access to information not provided through traditional financial statements and analyses. At the same time, a group of mainstream (...) institutional investors has encouraged a movement to incorporate environmental, social, and governance information into equity analysis, and multi-stakeholder groups have supported enhanced business reporting on these issues. The majority of research in this area has been performed on European and Australian firms. We expand on this literature by exploring the CSR disclosure practices of a size- and industry-stratified sample of 50 publicly traded U.S. firms, performing a content analysis on the complete identifiable public information portfolio provided by these firms during 2004. CSR activity was disclosed by most firms in the sample, and was included in nearly half of public disclosures made during that year by the sample firms. Areas of particular emphasis are community matters, health and safety, diversity and human resources (HR) matters, and environmental programs. The primary venues of disclosure are mass media releases such as corporate websites and press releases, followed closely by disclosures contained in mandatory filings. Consistent with prior research, we identify industry effects in terms of content, emphasis, and reporting format choices. Unlike prior research, we can offer only mixed evidence on the existence of a size effect. The disclosure frequency and emphasis is significantly different for the largest one-fifth of the firms, but no identifiable trends are present within the rest of the sample. There are, however, identifiable size effects with respect to reporting format choice. Use of websites is positively related to firm size, while the use of mandatory filings is negatively related to firm size. Finally, and also consistent with prior literature, we document a generally self-laudatory tone in the content of CSR disclosures for the sample firms. (shrink)

Recent developments in neuroscience create new opportunities for understanding the human brain. The power to do good, however, is also the power to harm, so scientific advances inevitably foster as many dystopian fears as utopian hopes. For instance, neuroscience lends itself to the fear that people will be forced to reveal thoughts and feelings which they would not have chosen to reveal, and of which they may be unaware. It also lends itself to the worry that people will be encouraged (...) to submit to medication or surgery which, even if otherwise beneficial, alters their brain in ways that undermine their identity and agency. As Kenneth Foster notes, neural implants can have surprising and unintended adverse effects, even when they help to mitigate the loss of bodily control associated with Parkinson’s disease, or help to provide hearing for children who would otherwise be profoundly deaf. While the risk of adverse outcomes are scarcely specific to neuroscience, he thinks that ‘These issues are perhaps more acute’ with the latter than with other medical interventions, ‘because they are intimately and fundamentally related to a person’s communication with the outside world’. [ 2006 196] -/- Neuroscience, like genomic science, then, is likely to create new ways of harming people. Many of these will involve violations of privacy. However, these are unlikely fundamentally to challenge the reasons to value privacy, or our ability to protect it in the foreseeable future. Rather, I would suggest, the major threat to privacy comes from the difficulty of determining its nature and value and when, if ever, efforts to protect it are justified. So I will start by examining some threats to privacy, and their implications for neuroscience, before turning to philosophical problems in understanding the nature and value of privacy, and the practical consequences of those philosophical difficulties. (shrink)

The human propensity to take an ethical stance toward oneself and others is found in every known society, yet we also know that values taken for granted in one society can contradict those in another. Does ethical life arise from human nature itself? Is it a universal human trait? Or is it a product of one's cultural and historical context? Webb Keane offers a new approach to the empirical study of ethical life that reconciles these questions, showing how ethics (...) arise at the intersection of human biology and social dynamics. Drawing on the latest findings in psychology, conversational interaction, ethnography, and history, Ethical Life takes readers from inner city America to Samoa and the Inuit Arctic to reveal how we are creatures of our biology as well as our history--and how our ethical lives are contingent on both. Keane looks at Melanesian theories of mind and the training of Buddhist monks, and discusses important social causes such as the British abolitionist movement and American feminism. He explores how styles of child rearing, notions of the person, and moral codes in different communities elaborate on certain basic human tendencies while suppressing or ignoring others."--Publisher's Web site. (shrink)

The ability to generate diverse ideas is valuable in solving creative problems ; yet, however advantageous, this ability is insufficient to solve the problem alone and requires the ability to logically deduce an assessment of correctness of each solution. Positive schizotypy may help isolate the aspects of divergent thinking prevalent in insight problem solving. Participants were presented with a measure of schizotypy, divergent and convergent thinking tasks, insight problems, and non-insight problems. We found no evidence for a relationship between schizotypy (...) and insight problem solving. Relationships between divergent thinking and insight problem solving were also surprisingly weak; however, measures of convergent thinking had a stronger relationship with problem solving. These results suggest that convergent thinking is more important than divergent thinking in problem solving. (shrink)

Among the processes of canon-formation is the habit of coupling writers; and among the most powerful of couples in the traditional English literary canon is Spenser-and-Milton. Much of my own professional life has probably been determined by my first teaching assignment of 1963, which included “Spenser-and-Milton,” in those days at Toronto a famous cornerstone course carrying the tamp of the stamp of the formidable Renaissance scholar A. S. P. Woodhouse, known affectionately if disrespectfully to his students as Professor Nature-and-Grace. For (...) several years I labored mightily, though neither naturally nor, I suspect, gracefully, on Spenser-and-Milton, sensing all the time that the connections I made, the doctrines I was conveying, lacked persuasion; and no doubt the seed of this essay was sown in those days, although its angle of sight was not then available, obscured on all sides by institutional pillars.When we couple writers we usually imply a criterion of fit or at least explicable mating. While there is nothing to prohibit a merely comparativist curiosity, or coupling in the service of some other agenda, we presumably give greater authority to relationships that imply causality, even, or especially, if causality is defined as the influence of the one writer on the other. Most of such relationships are unidirectional, from the earlier to the later dead, and a plausible coupling requires either the successor’s own testimony that the influence-relation existed, or other evidence that the influence-relation was strong enough to be formative; or, preferably, both. Annabel Patterson, professor of literature and English at Duke University, is the author of Hermogenes and the Renaissance , Marvell and the Civic Crown , Censorship and Interpretation , Pastoral and Ideology: Virgil to Valéry , and Shakespeare and the Popular Voice. (shrink)

From climate change forecasts and pandemic maps to Lego sets and Ancestry algorithms, models encompass our world and our lives. In her thought-provoking new book, Annabel Wharton begins with a definition drawn from the quantitative sciences and the philosophy of science but holds that history and critical cultural theory are essential to a fuller understanding of modeling. Considering changes in the medical body model and the architectural model, from the Middle Ages to the twenty-first century, Wharton demonstrates the ways (...) in which all models are historical and political.0Examining how cadavers have been described, exhibited, and visually rendered, she highlights the historical dimension of the modified body and its depictions. Analyzing the varied reworkings of the Holy Sepulchre in Jerusalem-including by monumental commanderies of the Knights Templar, Alberti's Rucellai Tomb in Florence, Franciscans' olive wood replicas, and video game renderings-she foregrounds the political force of architectural representations. And considering black boxes-instruments whose inputs we control and whose outputs we interpret, but whose inner workings are beyond our comprehension-she surveys the threats posed by such opaque computational models, warning of the dangers that models pose when humans lose control of the means by which they are generated and understood. Engaging and wide-ranging, 'Models and World Making' conjures new ways of seeing and critically evaluating how we make and remake the world in which we live. (shrink)

A dimensão de violência e radicalidade no pensamento de Merleau-Ponty, com suas implicações desestabilizadoras, é frequentemente perdida. A "carne", em Merleau-Ponty, não é pacífica. É um Ser explosivo e aberto, a partir do qual "consciência de si", "real" e "verdade", no sentido clássico, são impossíveis. O artigo pretende demonstrar que Merleau-Ponty cinde a distinção clássica entre real e irreal, engendrando uma profunda reorganização do campo do conhecimento e da ética, e tornando possível, de certo modo, uma fusão entre eles. Se (...) o Ser é incompleto e aberto a interpretações, logo, não há verdades a serem conhecidas, temos apenas imagens do mundo e, correlativamente, imagens funcionam melhor para revelar a direção a que aponta o sentido em que se forma o mundo do que o assim chamando conhecimento absoluto. Assim, aceitar a dimensão criativa da interpretação tal como requerida pelo próprio mundo permite entender que não se pode entender o mundo sem agir e agir é ajustar o equilíbrio entre, por um lado, a atenção paciente devida ao sentido nascente nas situações e, por outro lado, à forma rigorosa dos elementos dados do sentido que são "neles mesmos" sempre dispersos e ambíguos.Real. Irreal. Imaginário. Verdade. Etica. Política.The dimension of violence and the radically destabilizing implications of Merleau-Ponty’s thought are sometimes, too often, overlooked. The merleau-pontian flesh is not first and foremost peaceful, it is an explosive and open being, within which self-coincidence, rest and truth in a classical sense are impossible. This article intends to demonstrate that MP makes the classical distinction between the real and the unreal collapse, entailing a deep reorganization of the fields of knowledge and ethics and, somehow, a fusion between them. If the very being is unfinished and open to interpretations, then there is no truth to be known, we only have “images” of the world and, correlatively, images are more revealing of the on-going meaning in which the world consists than any so-called absolute knowledge. Moreover, to accept the creative dimension of interpretation as requested by the world itself permits to realize that one cannot understand the world without acting and that to act is to set up a balance between, on the one hand, the patient attention paid to the nascent meaning in situations and, on the other hand, a bold shaping of the given elements of meaning that are always “in-themselves” scattered and ambiguous.Real. Unreal. Imaginary. Truth. Ethics. Politics. (shrink)

What can philosophy tell us about ethics and public policy? What can the ethics of public policy tell us about philosophy? Those are the questions that Jonathan Wolff addresses in his wonderful little book. At one level, of course, the answer is straightforward – ethics is a branch of philosophy, so philosophy can tell us about the ethics of public policy, understood as a matter of deciding ‘what we should do’ in a manner that is institutionalised and collectively binding. But (...) at another level, as Wolff shows, there is something deeply puzzling about the idea that philosophy can tell us anything very useful about public policy and about the ethical dilemmas that it raises. Those dilemmas arise as a result of political constraints, struggles and resources which generally have little to do with philosophy and, for the most part, rather little to do with ethics. So what, exactly, should philosophers expect from an engagement with public policy? (shrink)

This book is a very practical guide to help managers put their own and their employees' professional values to work. Through real life stories and case studies, the author brings to life and light the ethical challenges that present themselves in corporate and institutional settings. The reader gets to see that ethics lie not only in the big, dramatic defining moments, but in the everyday behaviors of people as they work together in the service of organizational goals. The text is (...) punctuated with summaries, exercises, and opportunities for reflection where the reader has an opportunity to review their own ethical frameworks and to see how these show up in the daily choices they make. Ideas are provided to help managers coach their employees in strategize around ethical issues, how to communicate their views with clarity and conviction, and how to find support in the organization to tackle difficult issues. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Carol Pateman has said that the public/private distinction is what feminism is all about. I tend to be sceptical about categorical pronouncements of this sort, but this book is a work of feminist political philosophy and the public/private distinction is what it is all about. It is motivated by the belief that we lack a philosophical conception of privacy suitable for a democracy; that feminism has exposed this lack; and that by combining feminist analysis with recent developments in political philosophy, (...) we can meet the philosophical and political need for a distinctively democratic conception of privacy. This book then, is an effort to sketch and defend such a conception of privacy. It aims to show that while some conceptions of privacy are inconsistent with democracy, others are not. Indeed, the book asserts, the belief that privacy can be valuable and that it can justify basic legal rights, is implicit in a democratic conception of persons as free and equal beings, and a democratic conception of politics as the self-governing, or regulating, activity of such individuals. Just as we can and should reject undemocratic conceptions of the suffrage in favour of democratic ones, so the book maintains, we can and must reject undemocratic conceptions of privacy in favour of ones that reflect the moral equality of men and women, and a commitment to democratic forms of government. Democracy is often described as government by and for the people. On such a view, democracy is a political regime which can be contrasted with monarchies or aristocracies on the one hand, or with theocracies and despotisms on the other. By contrast with the former, it is a form of government that views individuals as citizens and as equal members of the agency which authorizes the use of political power. By contrast with the latter, it is a form of government whose purposes and aims are established by the common interests of individuals, conceived as free and equal citizens. It is my contention that there is a plausible and attractive conception of privacy implicit in this view of democracy. Hence, I show that individuals have fundamental interests in privacy because privacy enables them to participate in politics freely and as the equal of others and, beyond that, to lead lives that they can each affirm to be reasonable, valuable and right. As I think that the ideal of democratic government is properly associated with this latter and broader goal, as well as with the former one, I call my account of privacy a democratic conception of privacy to signal its connection to a particular ideal of politics, and to the conception of persons that makes this ideal a convincing and inspiring one. As this is a work of political philosophy, however, no effort is made to address the legal merits of competing accounts of the right to privacy, or to resolve legal dispute about the content and justification of particular constitutional rights in the United States. Thus, while I use Supreme Court decisions and works of legal theory to illustrate and support my arguments, my use of these materials is governed by philosophical concerns and my conclusions, therefore, are strictly of a philosophical, not a legal, nature. The book is divided into four chapters, moving from feminist criticisms of privacy to an engagement with the philosophical literature on privacy and an account of the right to privacy in a democratic society. It proceeds as follows. In Chapter 1, I examine feminist concerns about privacy, through a close reading of the work of Catherine MacKinnon. I argue that MacKinnon persuasively shows that protection for privacy has frequently licensed the coercion and subjection of women, and that her arguments are supported both by feminist scholarship, key Supreme Court decisions, and by familiar conceptions of privacy and equality. However, I argue, these criticisms do not imply that privacy, like slavery, can never be democratic, because wholly inconsistent with the equality of individuals. Rather, feminist criticisms of privacy suggest that privacy, like the suffrage, can be necessary to the equality of women and can have a legitimate and important place in a democratic society. In Chapter 2, I examine the philosophical literature on privacy in light of the need to distinguish democratic from undemocratic accounts of its nature and value. This literature, I show, can help us to provide an account of privacy that is sensitive both to its inegalitarian aspects and to its importance for a democratic commitment to the freedom and equality of women. However, I argue, we cannot embrace current philosophical accounts of privacy uncritically, because to a striking extent they are, themselves, indifferent to the ways that privacy has licensed sexual inequality. Thus, in Chapter 2, I set about interpreting privacy as a moral and political value, in light of the strengths and weaknesses of the philosophical literature on privacy. Their strength is that they show that there are many reasons for caring about privacy, or many ways in which we might define it as a democratic value. Their weakness is that they tend to assume that we must choose amongst these different conceptions of privacy, in order to provide a philosophically cogent account of privacy. This, I show, is a mistake and one that can be remedied by remembering that a commitment to the equality of individuals requires us to acknowledge the reasonable differences in value and interest that may characterize their relations in a democracy. When we do so, I show, it is possible to define privacy in terms of its protection for self-definition, intimacy and confidentiality, without having to choose between the three of them. For individuals may legitimately disagree about the differences between privacy and other values, even while holding that privacy is a distinctive and important democratic good; and they may also disagree about the importance of privacy compared to other goods, such as equality, without denying that self-definition, intimacy and confidentiality can be morally and politically desirable in a democracy. In Chapter 2, therefore, I show that we can provide a philosophically adequate account of what privacy is and why it is valuable without supposing that privacy is always sexually egalitarian, or denying that it has a distinctive place in a democratic conception of value. Chapter 3 then extends this account of privacy, by considering the justification for a legal right to privacy. Just as we cannot provide a democratic conception of privacy without attending to the different, though equally valid, concerns that individuals may have so, I show, we cannot provide a democratic account of privacy rights if we forget that individuals can, quite reasonably, differ in the importance that they attach to privacy. The result, I argue, is that we can distinguish two main reasons for protecting privacy by right in a democracy, the one personal and the other political. Whereas the former emphasizes the importance of self-definition, intimacy and confidentiality to the personal freedom and equality of individuals, the latter emphasizes their importance to their prospects for voluntary and equal participation in the processes of collective choice and deliberation that define a democratic government. These two justifications of privacy rights reflect the fact that in a democracy the personal can be political, as feminists have insisted, but need not be in order to merit protection by right. Indeed, I argue, we can distinguish democratic from undemocratic accounts of the right to privacy in this way: for whilst the former acknowledge the variety of individuals’ interests in personal and collective choice, the latter either collapse the political into the personal, or assume that the legitimate claims of individuals are merely a function of collective needs, interests and values. Neither of these is consistent with familiar assumptions about the nature and justification of democratic institutions and rights, nor can they be reconciled with a commitment to sexual equality. Thus, I conclude, though the fact that there are different justifications for privacy rights in a democracy means that individuals may legitimately disagree over the content and justification of basic rights, it is wrong to confuse democratic debate with moral or conceptual confusion and so, arbitrarily, to truncate our accounts of privacy, equality and democracy. Finally, in Chapter 4, I test and develop these claims by examining the justification for abortion rights in a democracy. I argue that women have legitimate interests in abortion, as well as in bearing children, because they have fundamental, and legitimate, interests in privacy and equality. Although safe and legal abortion is necessary to sexual equality, as feminists claim, I show that we can provide a convincing and democratic account of women’s claims to abortion only if we recognize women’s interests in self-definition, intimacy and confidentiality. This is because women have both personal and political interests in abortion and we will be unable adequately to identify these if we overlook their interests in privacy. Indeed, I show, the difference between democratic and undemocratic solutions to conflict over abortion lies precisely in this: that whereas the former acknowledge the importance of privacy to the personal and political equality of women, the latter overlook or deny this. As a result, the latter license both mandated abortions, although women have legitimate interests in bearing and raising children, and prohibitions on abortion that cannot be reconciled with the freedom and equality of women. That is not to say that abortion is not a politically significant matter, or that we can resolve moral conflict over abortion simply by giving women a legal right to abortion. Neither is the case. However, the chapter shows, in a democracy individuals are entitled to make morally and politically controversial decisions for themselves not simply because this is expedient or useful, but because this is right. To overlook this feature of democracy, I argue, is to make moral and political conflict utterly intractable by democratic means. Thus, while controversy over abortion has been held to show that privacy is an incoherent and undemocratic right, this chapter argues that it shows the reverse: for controversy over abortion makes clear that privacy is essential to democracy, and why this should be so. This overview of the book, I hope, makes clear that its concerns are methodological as well as substantive, and moral as well as political. Thus, its central methodological claim is that we cannot reconcile privacy with the equality of individuals unless we make a deliberate effort to do so. Its central moral and political claims are that privacy is compatible with the equality of individuals, and sufficiently important to the latter that, in a democracy, the privacy of individuals merits legal protection by right. However, this summary of the book also exposes its limitations. Chief amongst these, I fear, is that it provides no sustained discussion of the place of property on a democratic conception of privacy, and that the latter, itself, is rather a broad preliminary sketch than a polished and detailed portrait. I regard these limits on the scope and arguments of the book as limitations, albeit ones that I hope to be able to remedy before too long.However, limited though the book clearly is, I believe that it lays out the essential components of a democratic conception of privacy and that, by analysing and synthesizing several diverse bodies of literature, it may help those who are interested in the relations between privacy, equality and democracy. (shrink)

This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of itinerant (...) beggars and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends.Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state. (shrink)