Informal political representation can be a political lifeline, particularly for oppressed and marginalized groups. Such representation can give these groups some say, however mediate, partial, and imperfect, in how things go for them. Coeval with the political goods such representation offers these groups are its particular dangers to them. Mindful of these dangers, skeptics challenge the practice for being, inter alia, unaccountable, unauthorized, inegalitarian, and oppressive. These challenges provide strong pro tanto reasons to think the practice morally impermissible. This paper (...) considers the question: On what conditions is the informal political representation of oppressed and marginalized groups permissible? By responding to skeptics’ challenges, I develop a systematic account of moral constraints that, if adopted, would make such representation permissible. The account that emerges shows that informal political representatives (IPRs) must aim to fulfill two sets of sometimes conflicting duties to the represented: democracy within duties, which concern how the representative treats and relates to the represented, and justice without duties, which concern how the representative’s actions advance the aims of the representation. (shrink)

The adoption of the French Duty of Vigilance law has been celebrated as a milestone for advancing the transnational business and human rights regime. The law can contribute to harden corporate accountability by challenging the “separation principle” of transnational companies and by obligating companies to report on their duty of vigilance. However, the question of whether the law actually contributes to human rights and environmental protection along global supply chains requires empirically grounded research that connects processes in home and host (...) state countries. This paper contributes to such a new research agenda by linking political ecology literature and empirical insights from the Global South to research on due diligence regulations. With reference to field research data on contestations between the oil and gas company Total E&P and indigenous communities in Bolivia, I argue that the burden of proof and contestations over valid knowledge represent major obstacles when trying to establish legal liability. (shrink)

Is voting a duty of democratic citizenship? This article advances a new argument for the existence of a duty to vote. It argues that every normative account of electoral representation requires universal turnout to function in line with its own internal normative logic. This generates a special obligation for citizens to vote in electoral representative contexts as a function of the role morality of democratic citizenship. Because voting uniquely authorizes office holding in representative democracies, and because universal turnout contributes powerfully (...) to representation being fair, to be a good citizen of such democracies requires one to vote. Whereas previous arguments for a duty to vote have invoked basic moral principles like fairness or a Samaritan duty of rescue, this account is based on citizens occupying a vital functional role within electoral representative institutions. This institutional duty solves the “specificity problem” of justifying a duty to vote better than competing accounts and also immunizes the duty to objections that there is no duty to vote when there are only bad choices and that there is a no duty to vote but rather duty to vote well. By emphasizing the tight connection between institutions and individual conduct, the role morality approach used here supplies a less abstract and more realistic framework than much previous research on the ethics of democratic citizenship and brings the debate closer to constitutive features of democratic politics. (shrink)

This article argues that congregations should be seen as grassroots public moral agents, on the ground working to bring what they discern as God's preferred future into being. Deliberations among congregations of all social backgrounds are a way of doing ethics "polycentrically," without a dominant center. Because cultural and social boundaries are permeable and people in various social groups can imaginatively enter the worlds of people unlike themselves, they can engage those perspectives morally on an equal footing. The essay addresses (...) ethicists' participation in congregations' moral deliberation and action, and concludes with a plea for theological ethicists to consider congregations in their work. (shrink)

The Mīmāṃsā school of Indian philosophy has for its main purpose the interpretation of injunctions that are found in a set of sacred texts, the Vedas. In their works, Mīmāṃsā authors provide some of the most detailed and systematic examinations available anywhere of statements with a deontic force; however, their considerations have generally not been registered outside of Indological scholarship. In the present article we analyze the Mīmāṃsā theory of Vedic injunctions from a logical and philosophical point of view. The (...) theory at issue can be regarded as a system of reasoning based on certain fundamental principles, such as the distinction between strong and weak duties, and on a taxonomy of ritual actions. We start by reconstructing the conceptual framework of the theory and then move to a formalization of its core aspects. Our contribution represents a new perspective to study Mīmāṃsā and outlines its relevance, in general, for deontic reasoning. (shrink)

Whether nature is valuable on its own (intrinsic values) or because of the benefits it provides to humans (instrumental values) has been a long-standing debate. The concept of relational values has been proposed as a solution to this supposed dichotomy, but the empirical validation of its intuitiveness remains limited. We experimentally assessed whether intrinsic/relational values of sentient beings/non-sentient beings/ecosystems better explain people’s sense of moral duty towards global nature conservation for the future. Participants from a representative sample of the population (...) of Singapore (n = 1508) were randomly allocated to two “the last human” scenarios. We found that the best predictor of such a sense of moral duty for future nature conservation is the recognition of the intrinsic values of sentient beings. Our results suggest that the concern for animal welfare may enhance rather than compete with the sense of moral duty towards nature conservation. (shrink)

ABSTRACT:In a series of reports the United Nations Special Representative on the issue of Human Rights and Transnational Corporations has emphasized a tripartite framework regarding business and human rights that includes the state “duty to protect,” the TNC “responsibility to respect,” and “appropriate remedies” for human rights violations. This article examines the recent history of UN initiatives regarding business and human rights and places the tripartite framework in historical context. Three approaches to human rights are distinguished: moral, political, and legal. (...) It is argued that the tripartite framework’s grounding of the responsibility of TNCs to respect human rights is properly understood as moral and not merely as a political or legal duty. A moral account of the duty of TNCs to respect basic human rights is defended and contrasted with a merely strategic approach. The main conclusion of the article is that only a moral account of the basic human rights duties of TNCs provides a sufficiently deep justification of “the corporate responsibility to respect human rights” feature of the tripartite framework. (shrink)

Osama bin Laden means well. This is evident from his declarations, juridical decrees, lectures, epistles, and written reminders, which Bruce Lawrence has made available in Messages to the World: The Statements of Osama Bin Laden a single volume. Duty, Osama claims, compels Muslims' support for jihad against the???Crusader???Jewish Alliance???. But many attack his goals and behavior as immoral. Initiatives he has supported or directed represent his strategy for fulfilling his duty and demonstrate its apparent immorality at the same time: notably, (...) attacks on U.S. embassies, the 9/11 attacks, and more recently an alleged plot to detonate hydrogen peroxide bombs in public transportation venues. Moreover, his willingness to kill innocents generally is self-evidently wrong, as is his blanket hatred of Jews, Americans, and Christians ; although on one occasion he has declared that???many in the West are polite and good people???. (shrink)

Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate (...) a duty of fairness and those who argue that only some voluntary action of consent or acceptance of the good can generate such a duty. I defend a version of the principle of fairness that holds that it is the person’s reliance on a scheme for the provision of some product or service that generates duties of fairness to share in the burdens of sustaining the scheme. And, on this version, the principle of fairness is politically significant: regardless of whether the citizen has a duty to obey the law, she will still have important political duties of fairness generated by her reliance on the various public goods provided by those society-wide cooperative schemes sustained by the sacrifices of her fellow citizens. (shrink)

The article examines the political challenge and significance of forgiveness as an indispensable response to the inherently imperfect and tragic nature of political life through the lens of the existential, narrative-inspired judging sensibility. While the political significance of forgiveness has been broadly recognized in transitional justice and reconciliation contexts, the question of its importance and appropriateness in the wake of grave injustice and suffering has commonly been approached through constructing a self-centred, rule-based framework, defining forgiveness in terms of a moral (...) duty or virtue. Reliant on a set of prefabricated moral standards, however, this approach risks abstracting from the historical, situated condition of human political existence and thus arguably stands at a remove from the very quandaries and imperfections of the political world, which it purports to address. Against this background, this article draws on Albert Camus’s and Hannah Arendt’s aesthetic, worldly judging sensibility and its ability to kindle the process of coming to terms with the absurd, and perhaps unforgivable character of reality after evil. As an aptitude to engage the world in its particularity, plurality and contingency rather than seeking to subdue and tame it under prefabricated standards of thought, namely, worldly judgement is able to reveal how past tragedies have arisen from the ambiguity of human engagement in the world and thereby also elicit the distinctly human capacities of beginning anew and resisting such actions in the future. As such, I suggest, it is well-suited to bring into clearer focus and confront the main political challenge and significance of forgiveness: how to acknowledge the seriousness of the wrongs committed, yet also enable the possibility of a new beginning and restore among former enemies the sense of responsibility for the shared world. (shrink)

Informal political representation—the phenomenon of speaking or acting on behalf of others although one has not been elected or selected to do so by means of a systematized election or selection procedure—plays a crucial role in advancing the interests of groups. Sometimes, those who emerge as informal political representatives (IPRs) do so willingly (voluntary representatives). But, often, people end up being IPRs, either in their private lives or in more public political forums, over their own protests (unwilling (...) class='Hi'>representatives) or even without their knowledge (unwitting representatives)—that is, they are conscripted. None of the few theories of informal political representation extant accommodate conscripted IPRs. The account detailed here introduces the phenomenon of conscripted informal political representation and explains its place in a complete theory of informal political representation. Conscripted IPRs can, like their voluntary counterparts, come to have significant power to influence how various audiences regard those for whom the conscripted IPRs speak or act. Upon attaining such power to influence, conscripted IPRs, like their voluntary counterparts, come to have pro tanto duties to those they represent—duties that arise despite IPRs’ unwittingness or unwillingness. Understanding the phenomenon of conscripted informal political representation allows us to surface essential normative questions about informal political representation that are otherwise occluded. (shrink)

This paper contends that the requirement of content independence poses a pressing challenge to natural-duty theories of political obligation, for it is unclear why subjects of a state should not discharge the background natural duty in proper ways other than obeying the law. To demonstrate the force of this challenge, I examine and refute three argumentative strategies to achieve content independence represented in recent notable natural-duty theories: by appealing to the epistemic advantages of the state in discharging a natural duty, (...) by claiming that one’s denial of state authority necessarily poses an unjust threat to other people, and by invoking the consideration of fairness to preempt one’s discretion in discharging a natural duty. My criticisms, I believe, provide sufficient reasons for natural-duty theorists to take the requirement of content independence much more seriously. (shrink)

For German townsmen, life during the sixteenth and seventeenth centuries was characterized by a culture of arms, with urban citizenry representing the armed power of the state. This book investigates how men were socialized to the martial ethic from all sides, and how masculine identity was confirmed with blades and guns.

This volume contains the first critical edition of the Scriptum super III-VIII libros Politicorum by Peter of Auvergne as well as a pragmatical edition of Books III-VIII of the medieval Latin translation of Aristotle's Politics. Intended as the continuation of Aquinas' unfinished commentary on the first three books of the Politics, the Scriptum became-together with Aquinas' commentary-the commentary on the Politics. From its appearance in the late thirteenth century to the end of the sixteenth century, the Scriptum represented the most (...) authoritative and influential interpretation of Books III-VIII of the Politics.The introduction to the volume provides both an overview of Peter's political thought and a case study of the production and dissemination of a university text. An examination of the manuscripts traces the preparation of the text from its first transcription and revision by a scribe close to the author-if not the author himself-to the preparation of the finished exemplar and its diffusion through the system of peciae. The introduction also explains how the text was adapted to fit the standards of humanistic Latin when it was first printed in the fifteenth century: its language was adjusted to humanistic standards, many formulations were reshaped, and passages were suppressed. These changes were subsequently preserved in all later editions of the text. Freed from this humanistic patina with which it has been transmitted since the early age of printing age, the Scriptum is now restored to its original version. (shrink)

It has become increasingly common to point out that African morality is under-represented in ethical theorizing. However, it is less common to find arguments that this under-representation is unjustified. This latter claim tends to be simply assumed. In this paper I draw together arguments for this claim. In doing so, I make the case that the relative lack of attention paid to African moral ideas conflicts with epistemic and ethical values. In order to correct these shortcomings, moral theorists, broadly construed (...) as including descriptive and normative disciplines, have a duty to engage with and actively explore African moral ideas. I claim that Moral Foundations Theory is well suited to a descriptive exploratory project, and could provide a significant contribution to normative, African-derived moral theories that could be epistemically and ethically superior to their Western counterparts. (shrink)

In the light of a study of the di erence between political actors and ordinary citizens as language users, and based on three moral arguments (consequence-based, recognition-based, and complicity-based), we propose that democratic representatives have an imperfect duty to use gender-fair-language in their public communication. In the case of members of the executive, such as ministries, prime ministries, and presidents, such an imperfect duty could also be justi ed on democratic grounds. Their choice of using a gender-unfair language, we (...) argue, can cast doubts on the fundamental democratic commitment to respect the agency of all present and future citizens as potential participants in the law-making process. (shrink)

1. Aim and Scope of this Paper.—In this paper I shall try to show that “duty” derives its significance from its relation to “interest,” and that the former concept cannot be understood when taken apart from its relation to the latter. Such a doctrine is, I am aware, rejected by some contemporary philosophers; and I shall, I trust, make it sufficiently clear in the sequel why I am unable to accept their view.I am not, however, concerned primarily with criticism of (...) other theories. This paper represents an attempt to interpret a particular province of “the common moral consciousness” and to elicit the principles there implied. I begin by accepting the view that, like natural science, ethics has its data, and that it is the business of ethics to interpret these data which are the contents of the “moral consciousness.” In Section A I discuss various methods which may be used for the discovery of the relevant data, and suggest that initial enquiries can most fruitfully be pursued in the field of law and custom. In Section B I undertake an analysis of the principles of the law relating to promise-keeping. As a result of what is there found, it becomes necessary, in Section C, to discuss the nature of rights and their relation to interests, and, in Section D, the nature of duties and their relation to rights. (shrink)

The Franciscan William of Ockham (c.1285-c.1347) was the greatest theologian and philosopher of the first half of the fourteenth century. Spurred on by the activities of a papacy which he saw as destroying the very foundations of his Order, he devoted the last part of his life to examining the extent of papal power over Christians and its relationship to the secular government of people. On the Power of Emperors and Popes (1347) is his last work. Short, passionate and lucid, (...) it represents a distillation of his thought on these questions and forms an excellent and accessible introduction to his political thought as a whole. The extensive new annotations to the text bring to light the range of sources on which Ockham drew, while the new introduction places the work in its historical context and relates it to other works of medieval Franciscan political discourse. Translated here into English for the first time, the work will be of interest to all students and researchers in the field of medieval political thought. --the first English translation of Ockham's classic work, plus extensive new introduction, textual annotation, and bibliography --modern editorial apparatus connects the work with the whole body of Ockham's political thought --the new annotation provides historical and intellectual context and translations of Ockham's source references. (shrink)

BackgroundAs a number of commentators have noted, SARS exposed the vulnerabilities of our health care systems and governance structures. Health care professionals (HCPs) and hospital systems that bore the brunt of the SARS outbreak continue to struggle with the aftermath of the crisis. Indeed, HCPs – both in clinical care and in public health – were severely tested by SARS. Unprecedented demands were placed on their skills and expertise, and their personal commitment to their profession was severely tried. Many were (...) exposed to serious risk of morbidity and mortality, as evidenced by the World Health Organization figures showing that approximately 30% of reported cases were among HCPs, some of whom died from the infection. Despite this challenge, professional codes of ethics are silent on the issue of duty to care during communicable disease outbreaks, thus providing no guidance on what is expected of HCPs or how they ought to approach their duty to care in the face of risk.DiscussionIn the aftermath of SARS and with the spectre of a pandemic avian influenza, it is imperative that we (re)consider the obligations of HCPs for patients with severe infectious diseases, particularly diseases that pose risks to those providing care. It is of pressing importance that organizations representing HCPs give clear indication of what standard of care is expected of their members in the event of a pandemic. In this paper, we address the issue of special obligations of HCPs during an infectious disease outbreak. We argue that there is a pressing need to clarify the rights and responsibilities of HCPs in the current context of pandemic flu preparedness, and that these rights and responsibilities ought to be codified in professional codes of ethics. Finally, we present a brief historical accounting of the treatment of the duty to care in professional health care codes of ethics.SummaryAn honest and critical examination of the role of HCPs during communicable disease outbreaks is needed in order to provide guidelines regarding professional rights and responsibilities, as well as ethical duties and obligations. With this paper, we hope to open the social dialogue and advance the public debate on this increasingly urgent issue. (shrink)

1. Aim and Scope of this Paper.—In this paper I shall try to show that “duty” derives its significance from its relation to “interest,” and that the former concept cannot be understood when taken apart from its relation to the latter. Such a doctrine is, I am aware, rejected by some contemporary philosophers; and I shall, I trust, make it sufficiently clear in the sequel why I am unable to accept their view.I am not, however, concerned primarily with criticism of (...) other theories. This paper represents an attempt to interpret a particular province of “the common moral consciousness” and to elicit the principles there implied. I begin by accepting the view that, like natural science, ethics has its data, and that it is the business of ethics to interpret these data which are the contents of the “moral consciousness.” In Section A I discuss various methods which may be used for the discovery of the relevant data, and suggest that initial enquiries can most fruitfully be pursued in the field of law and custom. In Section B I undertake an analysis of the principles of the law relating to promise-keeping. As a result of what is there found, it becomes necessary, in Section C, to discuss the nature of rights and their relation to interests, and, in Section D, the nature of duties and their relation to rights. (shrink)

Consequentialism is often criticized for failing to accommodate impersonal constraints and personal options. A common consequentialist response is to acknowledge the anticonsequentialist intuitions but to argue either that the consequentialist can, after all, accommodate the allegedly recalcitrant intuitions or that, where accommodation is impossible, the recalcitrant intuition can be dismissed for want of an adequate philosophical rationale. Whereas these consequentialist responses have some plausibility, associational duties represent a somewhat different challenge to consequentialism, inasmuch as they embody neither impersonal constraints (...) nor personal options, but rather personal constraints. Our intuitions about associational duties resist capture within the intellectual net of consequentialism, and such duties do admit of a philosophical rationale at least as plausible as anything the consequentialist has to offer. (shrink)

KANT is the foremost philosopher to have argued at length for there being moral duties to oneself, and he puts forward the most extensive list of such duties to be found in philosophical writings. Kant's most detailed statement of his views concerning duties to oneself is to be found in his late work, the Tugendlehre or Doctrine of Virtue, which forms the second part of his Metaphysic of Morals, that work for which the much more famous Grundlegung (...) was the foundational study. I shall confine my consideration of Kant entirely to the Tugendlehre, for his views there, at least concerning duties to oneself, represent only an amplification of ideas that he had expressed in earlier writings. (shrink)

Untangling the Surrogacy WebSurrogacy agreements represent unique legal questions that must be answered with great care. In Australia we had the recent “Baby Gammy” scandal that involved an international surrogacy agreement and claims of abandonment of a child with Down’s syndrome. This story served to reinforce concerns that surrogacy turns children into a commodity that can be put to one side if expectations are not met. Of course, surrogacy agreements do not always end in this manner and often the outcome (...) is positive. There are, however, underlying legal questions regarding the status of the child, with some children, born as the result of international surrogacy agreements, being practically stateless when the nation of the commissioning parents refuses to issue passports to allow the children to return “home” with their “parents.” Where the relationship is local, however, and there is clear legislation, the issues can be less problematic but can become complex where a party wishes .. (shrink)

While it is commonly accepted that corporations have negative duties to respect human rights, the question of whether rights also imply positive duties for corporations is contentious. The recent reports of the United Nations special representative on business and human rights contend that corporations do not have positive duties, but the arguments this is based on are flawed from an ethical point of view. In particular, the reports fail to consider the implications of interactions between corporations and (...) states. For rights to be secured, corporations may face duties to use their power to pressure governments into performing their assigned duties, and duties not to undermine the role of the government. The interaction of corporations and governments also has implications for choosing effective instruments to advance human rights. International initiatives that do not take this interaction into account will be ineffective or, at worst, counterproductive. (shrink)

While it is commonly accepted that corporations have negative duties to respect human rights, the question of whether rights also imply positive duties for corporations is contentious. The recent reports of the United Nations special representative on business and human rights contend that corporations do not have positive duties, but the arguments this is based on are flawed from an ethical point of view. In particular, the reports fail to consider the implications of interactions between corporations and (...) states. For rights to be secured, corporations may face duties to use their power to pressure governments into performing their assigned duties, and duties not to undermine the role of the government. The interaction of corporations and governments also has implications for choosing effective instruments to advance human rights. International initiatives that do not take this interaction into account will be ineffective or, at worst, counterproductive. (shrink)

The Abbé Sieyès is usually portrayed as a thoroughly modern thinker and a critic of the nostalgic Classical Republicanism of some of his contemporaries, in favour of a “modern republicanism”, founded upon the division of labour and commercial sociability in a nation composed of equal labourers and producers. But Sieyès’s unpublished manuscripts suggest he, in fact, regarded modern labourers as unskilled “Machines du Travail”, dulled by work and incapable of exercising the duties of citizenship, a critique grounded in a (...) critical account of commercial society as compared to the ideal republican polity. Where most scholars regard this as either a simple contradiction or a passing juvenile nostalgia, this paper argues that, influenced by Jean-Jacques Rousseau, Sieyès consistently sought to counteract the degrading effects of the inequalities generated by commercial society and the division of labour. It was on this basis that Sieyès sought to construct a new political system which would reconcile participatory politics with representative government, enabling all citizens to enjoy a life of Active Citizenship. Based on these insights, this paper reinterprets Sieyès’s political project as an attempt to reconcile the classical conception of citizenship with the demands of a commercial society. (shrink)

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Background As a number of commentators have noted, SARS exposed the vulnerabilities of our health care systems and governance structures. Health care professionals (HCPs) and hospital systems that bore the brunt of the SARS outbreak continue to struggle with the aftermath of the crisis. Indeed, HCPs – both in clinical care and in public health – were severely tested by SARS. Unprecedented demands were placed on their skills and expertise, and their personal commitment to their profession was severely tried. Many (...) were exposed to serious risk of morbidity and mortality, as evidenced by the World Health Organization figures showing that approximately 30% of reported cases were among HCPs, some of whom died from the infection. Despite this challenge, professional codes of ethics are silent on the issue of duty to care during communicable disease outbreaks, thus providing no guidance on what is expected of HCPs or how they ought to approach their duty to care in the face of risk. Discussion In the aftermath of SARS and with the spectre of a pandemic avian influenza, it is imperative that we (re)consider the obligations of HCPs for patients with severe infectious diseases, particularly diseases that pose risks to those providing care. It is of pressing importance that organizations representing HCPs give clear indication of what standard of care is expected of their members in the event of a pandemic. In this paper, we address the issue of special obligations of HCPs during an infectious disease outbreak. We argue that there is a pressing need to clarify the rights and responsibilities of HCPs in the current context of pandemic flu preparedness, and that these rights and responsibilities ought to be codified in professional codes of ethics. Finally, we present a brief historical accounting of the treatment of the duty to care in professional health care codes of ethics. Summary An honest and critical examination of the role of HCPs during communicable disease outbreaks is needed in order to provide guidelines regarding professional rights and responsibilities, as well as ethical duties and obligations. With this paper, we hope to open the social dialogue and advance the public debate on this increasingly urgent issue. (shrink)

If we wish to assess the morality of elected officials, we must understand their function as our representatives and then infer how they can fulfill this function. I propose to treat the class of elected officials as a profession, so that their morality is a role morality and it is functionally determined. If we conceive the role morality of legislators to be analogous to the ethics of other professions, then this morality must be functionally defined by the purpose that (...) legislators are to fulfill once in office. Hence, the role morality of legislators will largely be determined by our theory of representation. We will need not a normative account of their role, but an empirical explanatory account. In David Hume's terms, the morality of role holders is one of “artificial” duties, that is to say, duties defined by their functional fit with the institutional purposes of a profession. Our most difficult problem, therefore, is to understand the role of our elected representatives. (shrink)

While some descriptive and normative theories of legislation account for an extensive role of legal interpretation in legislation, others see its legislative role as marginal. Yet in contemporary constitutional democracies, where legislation is limited and guided by constitutional norms, as well as international and supranational law, legal interpretation must play some role in legislation—even if all or most of legislative activity may not be adequately described and evaluated as legal interpretation. In this chapter, I aim to explore some implications of (...) recognizing the role of legal interpretation in legislation—notably, for the conceptualization and significance of legal expertise in the legislative process, as well as for determining the moral duties of legislative representatives. First, I argue that the role of legal interpretation in legislation calls for institutional reforms in legislatures in order to ensure that legal expertise is adequately channeled into the legislative process, including agenda-setting. Second, I argue that interpreting legal norms through legislation implies specific moral duties for legislative representatives, both in their relations to one another and in their relations vis-à-vis their constituents. I show that giving legal interpretation its due in a descriptive and normative account of legislative activity does not imply an elitist understanding of legislation, and it does not compromise our conception of legislatures as loci of political and moral disagreement and democratic representation. (shrink)

This collection of essays contains revised versions of papers delivered at a conference entitled “Duty, Interest, and Practical Reason: Aristotle, Kant, and the Stoics” that was organized by Stephen Engstrom and Jennifer Whiting at the University of Pittsburgh in 1994. One of the main aims of the conference was to bring together scholars on Aristotle, the Stoics, and Kant to reevaluate the common view that Greek and Kantian ethics represent fundamentally opposed conceptions of ethical theory and the roles of morality (...) and happiness in practical reasoning. According to a common view, the ancients are eudaimonists; they derive or justify the virtues by showing how they contribute to the agent’s own eudaimonia or happiness. By contrast, Kant sharply criticizes eudaimonism for deriving or justifying morality in terms of happiness. This criticism applies to eudaimonism of all sorts, even Stoic eudaimonism, which is perhaps closer in some respects to Kant’s own views, and of which he is somewhat less critical than he is of other forms of eudaimonism. For Kant, moral duty and respect for the moral law must be grounded in reason itself and cannot be made to depend on any independent standard. These and related assumptions about ancient and Kantian ethics have helped structure much contemporary systematic work in ethical theory, as well as common conceptions of these ethical traditions. But this common view has been under reexamination lately; some of the most interesting work in the history of ethics in recent years has been in Greek and Kantian ethics, and much of it challenges one or another aspect of the received view of the ethical theory and moral psychology of Kant or the Greeks. However, with some exceptions, renewed interest and recent work in these two traditions has proceeded in parallel. The conference aimed to correct this, by bringing together some of the most distinguished scholars of ancient and modern ethics to compare and assess the role of moral duty and happiness in the two traditions. Most of the essays have such a comparative assessment as their main theme; but even those that focus more exclusively on one of the traditions contribute indirectly to this comparative assessment. (shrink)

A patient is diagnosed with the persistent vegetative state (PVS) when they show no evidence of the awareness of the self or the environment for an extended period of time. The chance of recovery of any mental function or the ability to interact in a meaningful way is low. Though rare, the condition, considering its nature as a state outwith the realm of the conscious, coupled with the trauma experienced by the patient's kin as well as health care staff confronted (...) with painful decisions regarding the patient's care, has attracted a considerable amount of discussion within the bioethics community. At present, there is a wealth of literature that discusses the relevant neurology, that elucidates the plethora of ethical challenges in understanding and dealing with the condition, and that analyses the real-world cases which have prominently featured in the mainstream media as a result of emotionally charged, divergent views concerning the provision of care to the patient. However, there is scarcely anything in the published scholarly literature that proposes concrete and practically actionable solutions to the now widely recognized moral conundrums. The present article describes a step in that direction. I start from the very foundations, laying out a sentientist approach which serves as the basis for the consequent moral decision-making, and then proceed to systematically identify and deconstruct the different cases of discord, using the aforementioned foundations as the basis for their resolution. A major intellectual contribution concerns the fluidity of the duty of care which I argue is demanded by the sentientist focus. The said duty is shown initially to have for its object the patient, which depending on the circumstances, can change to the patient's kin, or the health care staff themselves. In conclusion, the proposed framework represents the first comprehensive proposal regarding the decision-making processes involved in the deliberation on the provision of life sustaining treatment to a patient in a PVS. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

This book represents emerging alternative perspectives to the "constructivist" orthodoxy that currently dominates the field of science and technology studies. Various contributions from distinguished Americans and Europeans in the field, provide arguments and evidence that it is not enough simply to say that science is "socially situated." Controversial Science focuses on important political, ethical, and broadly normative considerations that have yet to be given their due, but which point to a more realistic and critical perspective on science policy.

On 19 July 2016, three medical organisations filed a federal lawsuit against representatives from several Vermont agencies over the Patient Choice and Control at End of Life Act. The law is similar to aid-in-dying laws in four other US states, but the lawsuit hinges on a distinctive aspect of Vermont's law pertaining to patients' rights to information. The lawsuit raises questions about whether, and under what circumstances, there is an ethical obligation to inform terminally ill patients about AID as (...) an end-of-life option. Much of the literature on clinical communication about AID addresses how physicians should respond to patient requests for assisted dying, but neglects the question of how physicians should approach patients who may not know enough about AID to request it. In this article, I examine the possibility of an affirmative duty to inform terminally ill patients about AID in light of ethical concerns about professional responsibilities to patients and the maintenance of the patient–provider relationship. I suggest that we should not take for granted that communication about AID ought to be patient-initiated, and that there may be circumstances in which physicians have good reasons to introduce the topic themselves. By identifying ethical considerations that ought to inform such discussions, I aim to set an agenda for future bioethical research that adopts a broader perspective on clinical communication about AID. (shrink)

Mental disorders in university students are very frequent, therefore higher education institutions have established in-campus mental healthcare centres. These clinics have particular characteristics that differ from other mental health centres, as they report to and represent an educational institution, while at the same time looking after the interests and well-being of patients requesting assistance, thus generating unique bioethical conflicts. Ethics Committees are useful tools to offer support to mental health professionals in making ethical decisions. In order to respond to these (...) issues, it was decided that an Ethics Committee would be created in the mental health clinic of a private university in Mexico City. This article describes the implementation process for this Committee, its duties and scope, as well as the case work and review methodology. A list of the most frequent ethical conflicts is attached, jointly with the ethical analysis of the cases treated throughout the year and a half or work by the Committee. (shrink)

Kant’s accounts of moral education, appraisal respect and gratitude each depend on the assumption that human beings see and judge each other’s actions to be morally good. This assumption appears to stand in tension with the Opacity Thesis, Kant’s claim that we can never know if an action is morally good. This paper examines Kant’s discussion of moral illusion to relieve this tension. It is argued that we are required to uphold moral illusion, i.e. to represent others’ actions to be (...) morally good (while knowing that we may be mistaken), due to the duty of beneficence for others’ moral well-being. (shrink)

ABSTRACT The article examines Old English claims to catholic ‘liberty of conscience’ and the way in which this engendered a discussion of English liberties in Ireland. Old English representatives sought to ground their claims to ‘liberty of conscience’ in established practice, custom and law. Their claims to ‘liberty of conscience’ also brought into play the vocabulary of corporate and parliamentary liberty. In response, New English protestants turned to ideas of duty and citizenship, which were equally embedded in conceptions of (...) English liberties. They argued that a catholic ‘conscience’ sat in opposition to ideas of duty to the king and the commonwealth. In doing so, the New English questioned both the basis and extent of the liberties possessed by the Old English. Such an exchange, this article argues, is illustrative of the way in which an English pairing of liberties, with ideas of duty and active citizenship, opened up an area of dispute involving a shared set of political concepts and vocabulary. (shrink)

Prophethood (nubuwwah) is a divine institution that teaches the healthy progression of relations between Allah and humans, as well as between humans and the universe. However, from another perspective, it is also considered a human institution. Some opponents of religion, lacking strong evidence to challenge the existence of Allah, direct their objections towards prophethood, which is seen as a manifestation of Allah’s attribute of speech (kalām). To counter the rejection of prophethood, scholars of theology (kalām), hadith, and Prophetic biography (sīrah) (...) have compiled a body of literature known as Dalāʾil al-nubuwwah (Proofs of Prophethood). Their aim has been to collect proofs supporting prophethood as a response to these refutations and to dispel doubts regarding it. All extraordinary events occurring from before the birth until the death of Prophet Muhammad are considered evidence.During the fifth century, a notable figure in this tradition was the Shāfiʿī scholar al-Māwardī, who defended prophethood in his book Aʿlām al-nubuwwah (The Signs of Prophethood). Aʿlām al-nubuwwah has inspired subsequent works in this field due to its clarity and robust proofs. It became known by both names, Aʿlām al-nubuwwah and Dalāʾil al-nubuwwah, as it encompassed methods of narration and debate. Within his work, al-Māwardī mentions figures like Barāhimah, Dahriyyah, and certain philosophers as representatives of the idea rejecting prophethood. According to him, Barāhimah, of Indian origin is a sect that denies prophethood despite accepting the unity of Allah. Dahriyyah is a denialist sect attributing eternity to the universe and creativity to nature. Al-Māwardī considers these philosophers as infidels due to their comments on prophethood rather than outright denial. The basis of these movements' idea of denying prophethood lies in their efforts to portray reason (ʿaql) as an alternative to revelation (waḥy). Jews and Christians, on the other hand, are portrayed as groups that accept the concept of prophethood, however they reject Muḥammad’s. prophecy. Their objection stems from the fear of their religions being superseded. Al-Māwardī counters those rejecting prophethood by addressing the public interest (maṣlaḥah) of humans, the necessity of prophets, and the role of miracles. He illustrates that prophet charged with the duty of prophethood proves it through spectacular events orchestrated by Allah but carried out through his own hand. The prophet serves the public interest by conveying matters beyond human intellect and presenting them in a comprehensible manner, thereby ensuring the worldly and eternal felicity of humanity. Furthermore, he provides evidence for the Prophet Muḥammad’s prophethood through his moral character, prophetic biography, and accounts of miracles. The biography of Prophet Muhammad’s begins before his birth, and the method of proof is used to demonstrate his prophethood. In essence, al-Māwardī’s method of proving prophethood in Aʿlām al-nubuwwah can be seen as a synthesis of the approaches used by scholars of theology and hadith. One prominent figure in this tradition during the fifth century was the Shafi'i scholar al-Māwardī who defended prophethood through his book " ʿA'lām al-Nubuwwa" (The Signs of Prophethood). In his work, al-Māwardī mentions figures like Barahima, Dahriyya, and certain philosophers as representatives of the idea rejecting prophethood. While the Jews and Christians accept the concept of prophethood, they reject the prophecy of Muhammad (P.B.U.H). These groups attempt to present logic as an alternative to divine revelation (Wahy), as their objection stems from their concern that their religions may be abrogated. Al-Māwardī responds to those who reject the institution of prophethood by addressing the public interest (maslaha) of humans, the necessity of prophets, and the role of miracles. He also provides evidence for Muhammad's (P.B.U.H) prophethood through his moral character, prophetic biography, and accounts of miracles. In short, al-Māwardī's method of proving prophethood in "A'lām al-Nubuwwa " can be seen as a synthesis of the approaches used by scholars of theology (Kalam) and hadith. (shrink)

This paper studies long-term norms concerning actions. In Meyer's Propositional Deontic Logic (PDₑL), only immediate duties can be expressed, however, often one has duties of longer durations such as: "Never do that", or "Do this someday". In this paper, we will investigate how to amend (PDₑL) so that such long-term duties can be expressed. This leads to the interesting and suprising consequence that the long-term prohibition and obligation are not interdefinable in our semantics, while there is a (...) duality between these two notions. As a consequence, we have provided a new analysis of the long-term obligation by introducing a new atomic proposition I (indebtedness) to represent the condition that an agent has some unfulfilled obligation. (shrink)

This dissertation defends a “non-ideal theory” of justice: a systematic theory of how to respond justly to injustice. Chapter 1 argues that contemporary political philosophy lacks a non-ideal theory of justice, and defends a variation of John Rawls’ famous original position – a Non-Ideal Original Position – as a method with which to construct such a theory. Chapter 1 then uses the Non-Ideal Original Position to argue for a Fundamental Principle of Non-Ideal Theory: a principle that requires injustices to be (...) dealt with in whichever way will best satisfy the preferences of all relevant individuals, provided those individuals are all rational, adequately informed, broadly moral, and accept the correct “ideal theory” of fully just conditions. Chapter 2 then argues for the Principle of Application – an epistemic principle that represents the Fundamental Principle’s satisfaction conditions in terms of the aims of actual or hypothetical reformist groups. Chapters 3-5 then use these two principles to argue for substantive views regarding global/international justice. Chapter 3 argues that the two principles establish a higher-order human right for all other human rights to promoted and protected in accordance with the two principles of non-ideal theory. Chapter 4 argues that the two principles defeasibly require the international community to tolerate unjust societies, provided those societies respect the most basic rights of individuals. Finally, Chapter 5 argues that the two principles imply a duty of the international community to ameliorate the most severe forms of global poverty, as well as a duty to pursue “fair trade” in international economics. (shrink)

The paper argues that there are resources within theories of corrective justice to make the case against the deportation of immigrants, including those accused of committing criminal actions. More specifically, the argument defended here is that a nation acts impermissibly by deporting criminal immigrants who belong to countries that the nation itself wronged in a manner that contributed to create the migratory flow that led the immigrants in question there. In that case, admission and, equally important, permanent residence in the (...) host nation must be understood as a form of compensation for past wrongs, the interruption of which represents a breach of its duties of rectification, and is therefore unjust. Put in slightly different terms, some migrants have a retributive right-claim against their host state (which they may or may not exercise) to be admitted into the host state and not be deported. (shrink)

My chapter deals with an important part of how Wolff pursued the normative ambitions of his ethics in giving practical guidance with regard to specific moral issues. I first consider how Wolff’s ethics tackles the duties to others, which traditionally represent a difficult issue for moral perfectionism. In this regard, I argue that Wolff’s strategy combines two aspects: (a) he includes in perfection non-active aspects and (b) operates with an agent-neutral notion of perfection, in spite of important passages that (...) might suggest differently. I then focus on Wolff’s treatment of the duties concerning veracity and lying, and show how it follows that general strategy. Combining its two aspects, Wolff examines specific moral issues by adopting a non-welfarist notion of benefit and harm as the standard that can give guidance about practical cases. (shrink)

This book is about the ways in which real-world democracies fall short of democratic ideals and why those shortfalls matter. The project is rooted in a vast body of empirical findings that political scientists have accumulated over the last seven decades. These are findings about political ignorance, voter behaviour, the policymaking process, polarization, and the popular control of representatives. These findings are often both surprising and troubling—they suggest our democracies fall far short of democratic ideals. The book is a (...) detailed, careful exploration of why such findings matter. In part, that involves giving an account of what makes democracy valuable in the first place: why does democracy matter? And in part it involves connecting the value of democracy to the rights and duties of ordinary citizens. The overarching argument is that our duties to obey the law, and the moral permissibility of enforcing those laws, depend on the realization of democratic ideals. So the shortfalls of our democracies undermine the moral authority and legitimacy of our states. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:594 Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. Liberty Walther Barnes and Christin L. Munsch The Paradoxical Privilege of Men and Masculinity in Institutional Review Boards In the 1939 Hollywood classic The Wizard of Oz, the great wizard admonishes Dorothy and her friends to “pay no attention to that man behind the curtain.” Dorothy and company turn to see a man standing before a large (...) control panel operating the smoke, holographic image, and voice of the great wizard. Realizing he has been discovered, the man gives up manipulating the switches and the nebulous wizard vanishes.1 Hegemonic masculinity is analogous to the “all-powerful” wizard.2 In order to maintain its grandeur, power, and mystique, the mechanics of masculine ideology—as well as the social actors who participate in its reproduction —must be kept hidden.3 A crucial aim of feminist research is to 1. The Wizard of Oz, directed by Victor Fleming (Culver City, CA: Metro-Goldwyn -Mayer, 1939). 2. See R. W. Connell, Masculinities: Knowledge, Power and Social Change (Berkeley : University of California Press, 1995); R. W. Connell and James W. Messerschmidt, “Hegemonic Masculinity: Rethinking the Concept,” Gender & Society 19 (2005): 829–61; Michael Kaufman, “Me, Feminism, and Men’s Contradictory Experiences of Power,” in Theorizing Masculinities, ed. Harry Brod and Michael Kaufman (Thousand Oaks, CA: Sage Publications, 1994), 142– 63; and Michael S. Kimmel, “Masculinity as Homophobia: Fear, Shame, and Silence in the Construction of Gender Identity” in Brod and Kaufman, Theorizing Masculinities, 119–42. 3. Michael Flood and Bob Pease, “Undoing Men’s Privilege and Advancing Gender Equality in Public Sector Institutions,” Policy and Society 24, no. 4 (2005): 119–38; Allan G. Johnson, The Gender Knot: Unraveling Liberty Walther Barnes and Christin L. Munsch 595 pull back the curtain on men’s lives and masculine institutions in order to demystify socially constructed masculinities, particularly in their most powerful forms. As early feminist scholars note, male privilege renders women’s lives invisible.4 But male privilege renders aspects of men’s lives invisible, too. In this article we highlight how institutional review boards (IRBs) in universities and hospitals erect barriers to research that render particular aspects of men’s lives invisible. We draw on our experiences of submitting ten applications for a series of methodologically diverse studies of masculinity to eight IRBs. First, we argue that, despite their original function of protecting subordinated groups, IRBs are gendered institutions in which members base their decisions on culturally dominant, normative images of women and men. We show how this results in the stringent protection of male research participants, the safeguarding of participants’ personal masculinity, and the shielding of men’s lives from social inquiry. Second, we argue that IRBs are gendering institutions. Our experiences reveal how the privileging and protection of masculinity results in mandatory protocol modifications that idealize hegemonic masculinity. These modifications require researcher-participant interactions that socialize men to engage in gender “appropriate” behavior and reify gendered expectations. Third, our experiences reveal the ways in which IRBs protect the institution itself and privilege the universities, hospitals, and (predominantly male) medical doctors they represent. Consequently, the ways they reproduce social inequality remain impervious to academic inquiry. IRBS AS GENDERED AND GENDERING INSTITUTIONS Every university and hospital in the United States where human research is conducted houses a human research protections program, or IRB, to oversee academic research. Universities with hospitals typically our Patriarchal Legacy (Philadelphia, PA: Temple University Press, 1997); Michael Kimmel, Guyland: The Perilous World Where Boys Become Men (New York: Harper Collins, 2008). 4. Simone de Beauvoir, The Second Sex, trans. Howard M. Parshley (New York: Knopf, 1951); Sandra Harding, The Science Question in Feminism (Ithaca, NY: Cornell University Press, 1986); Dorothy E. Smith, “Women’s Perspective as a Radical Critique of Sociology,” in Feminist Perspectives on Social Research, ed. Sharlene N. Hesse-Biber and Michelle L. Yaiser (New York: Oxford University Press, 2004), 84–96. 596 Liberty Walther Barnes and Christin L. Munsch maintain two types of IRB committees: a social-behavioral committee that oversees studies in the social sciences, and a biomedical committee to supervise clinical drug trials, experimental medical treatments, and tissue and blood research. The duty of the... (shrink)

This paper develops an interpretation of the relationship between Kant's various formulations of the categorical imperative in the Groundwork that steers a middle course between the formal and substantive poles of the interpretive spectrum, represented by John Rawls and Barbara Herman, respectively. Accepting and rejecting key aspects of both Rawls's and Herman's interpretations, I argue that the first formulation, understood correctly, does suffice to determine all Kantian moral duties, but only if duties are regarded as situation-specific rather than (...) standing obligations. I also argue, however, that the second and third formulations provide information that is necessary for understanding and applying the first formulation to determine one's duty correctly, and that the formulations are in a sense equivalent even though each plays a distinctive and important role. (shrink)

I argue that agents can have duties to cooperate with one another if this increases their combined efficiency and/or efficacy in addressing ongoing collective moral problems. I call these duties cooperative duties of efficiency and efficacy. I focus particularly on collective agents and how agents ought to reason and act in the face of global moral problems. After setting out my account, I argue that a subset of cooperative duties of efficiency and efficacy of collective agents (...) are duties of justice in virtue of the roles these agents have taken up. (shrink)

There is a long tradition in moral philosophy which maintains that a necessary condition for moral goodness is that one act from a sense of duty. Kant is perhaps the best known and most discussed representative of this view, but one finds others prior to Kant, such as Butler and Price, and Kant's contemporaries, such as Reid, expressing similar ideas. Price, for example writes, ". . . what I have chiefly insisted on, is, that we characterize as virtuous no actions (...) flowing merely from instinctive desires, or from any principle except a regard to virtue itself.'' In this paper, I shall defend a version of this thesis. (shrink)