Global Prescriptions scrutinizes the movement to export a U.S.-oriented version of the " rule of law," found in the activities of philanthropic foundations, the World Bank, the U.S. Agency for International Development, and several other developmental organizations. Yves Dezalay and Bryant G. Garth have brought together a group of scholars from a variety of disciplines--anthropology, economics, history, law, political science, and sociology--to create tools for understanding this movement. Comprised of two sections, the volume first develops theoretical perspectives key to (...) an understanding of the production and impact of new "global legal prescriptions." The second part shifts attention to the national importation of these legal orthodoxies. The scholars provide a diverse set of sophisticated approaches, both to the circumstances promoting the production of these prescriptions and to the limitations of the prescriptions in the different national settings. Thus, Global Prescriptions provides a unique treatment for readers interested in globalization generally or the potential spread of the "rule of law" in particular. This volume will intrigue scholars and students interested in a political science, economics, history, anthropology, law, and sociology. Contributors are Jeremy Adelman, Robert Boyer, Elizabeth Heger Boyle, Miguel Angel Centeno, Heinz Klug, Larissa Adler Lomnitz, John W. Meyer, Setsuo Miyazawa, Hiroshi Otsuka, Rodrigo Salazar, Kathryn Sikkink, Anne-Marie Slaughter, and Catalina Smulovitz. Yves Dezalay is Director of Research, National Center for Scientific Research, Paris. Bryant G. Garth is Director of the American Bar Foundation. (shrink)

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My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...) I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

The Professional Ethics Toolkit is an engaging and accessible guide to the study of moral issues in professional life through the analysis of ethical dilemmas faced by people working in medicine, law, social work, business, and other industries where conflicting interests and ideas complicate professional practice and decision-making. Written by a seasoned ethicist and professional consultant, the volume uses philosophical ideas, theories, and principles to develop and articulate a definitive methodology for ethical decision-making in professional environments. Meyers offers the (...) benefit of his expertise with clear and practical advice at every turn, guiding readers through numerous real-world examples and case studies to illustrate key concepts including role-engendered duties, conflicts of interest, competency, and the principles that underpin and define professionalism itself. Following the format of The Philosopher’s Toolkit, The Professional Ethics Toolkit is an essential companion to the study of professional ethics for use in both the classroom and the working world, encouraging students and general readers alike to think critically and engage intelligently with ethics in their professional lives. (shrink)

This textbook introduces students to the various arguments for and against the prohibition of recreational drugs. The arguments are carefully presented and analyzed, inviting students to consider the competing principles of liberty rights, paternalism, theories of punishment, legal moralism, and the social consequences of drug use and drug laws. Meyers extends this examination by presenting alternatives to the prohibition/legalization dichotomy, including harm reduction, decriminalization, and user licensing or on-premise use. The presentation invites readers to think clearly about the reasons (...) and principles that should determine public policy and law, while also delving into the deeper philosophical questions underlying the drug prohibition debate. Is it morally wrong to use drugs? If so, would that be reason enough to make it illegal? Are there good reasons in favor of using illicit drugs? Do addicts lack free will, and if so, would it be unjust to punish them? What is (or ought to be) the purpose of punishment? Is the state justified in limiting the freedom of competent adults for their own good? What should be the goal of drug policy, reduced use or reduced harm? The purpose of the book is twofold. First, it is a review of the arguments for and against drug prohibition, a useful tool for policy makers, activists, and concerned citizens with an understanding of the relevant considerations for determining how we should reform our failing drug policy. Second, the book serves as a case study in the deeper issues of justice, the nature of law, rights and liberties, and the public good. Students studying applied ethics, political science, or public policy will benefit greatly from Meyers' approach. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories of (...) people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

While it appears that respect for autonomy has become the fundamental principle in medical ethics, it is not clear what various authors have in mind when they use the term "autonomy." Accounts range from an equation of autonomy with negative freedom to a Kantian emphasis on self-governance. ;My goal here is to characterize that status in persons which we call autonomy and which demands our respect in such applied settings as medicine. What types of behavior must be present for us (...) to honor persons' decisions as autonomous? And what kinds of factors can constrain that behavior? ;My answer is that being autonomous means being as much responsible for one's life as the situation allows and warrants. In explaining what these various claims entail, I note that autonomy is an exercise concept and that it admits of degrees. Being autonomous requires more than simply having the capacity to engage in certain kinds of behaviors; the autonomous person exercises those capacities. Furthermore, persons are more or less autonomous in different situations, and different types of decisions demand varying levels of autonomous behavior in order to warrant our respect. ;In addition to explaining what it means to be autonomous, I discuss the broad range of factors which can constrain autonomy. I extend the traditional analyses of constraints and show how such factors as illness, socio-economic and institutional realities, and interpersonal communication can constrain persons' ability to be autonomous. ;I conclude with an argument that persons have an obligation to be autonomous. This argument is based both on a position of self-respect and on avoidance of harms to others. (shrink)

Most of the philosophical work written on environmental issues focuses on notions such as rights, consequences, duties, etc. And most of the theoretical philosophy done in environmental ethics focuses on questions of whether animals, plants, or ecosystems have inherent value or moral standing independently of their usefulness to humans. A character-based approach has been largely neglected (despite a few important works). In this paper, I consider what a plausible environmental virtue ethics would look like. Specifically, I argue (pace Sandler) that (...) it would not require any distinct eco-virtue but would involve merely widening the scope of traditional virtues to include the non-human world. I further argue that a successful environmental virtue ethics would have to be pluralistic (involving more than one virtue) and would require the formulation of prima facie (rather than absolute) v-rules. Finally, borrowing from Naess, I suggest a way that eco-friendly character could be acquired. (shrink)

Poverty, Agency, and Human Rights collects thirteen new essays that analyze how human agency relates to poverty and human rights respectively as well as how agency mediates issues concerning poverty and social and economic human rights. No other collection of philosophical papers focuses on the diverse ways poverty impacts the agency of the poor, the reasons why poverty alleviation schemes should also promote the agency of beneficiaries, and the fitness of the human rights regime to secure both economic development and (...) free agency. The book is divided into four parts. Part 1 considers the diverse meanings of poverty both from the standpoint of the poor and from that of the relatively well-off. Part 2 examines morally appropriate responses to poverty on the part of persons who are better-off and powerful institutions. Part 3 identifies economic development strategies that secure the agency of the beneficiaries. Part 4 addresses the constraints poverty imposes on agency in the context of biomedical research, migration for work, and trafficking in persons. (shrink)

In Abram Brummett and Erica K. Salter's excellent paper, “Mapping the Moral Terrain of Clinical Deception,” they rightly note that it is sometimes ethically appropriate for health care professionals to deceive patients and families. However, they also note that because doing so violates a prima facie duty of honesty, the ethical burden of proof falls upon the deceiver. Hence, they also provide a sophisticated framework for determining whether any given case is warranted. I applaud their overall approach but also critique (...) some of their claims, in particular, their conclusion that lies of commission require greater justification than those of omission and their conflation of the principles of beneficence and nonmaleficence. I also urge them to give greater attention to how power asymmetries should be accounted for and to the impact such deceptive choices might have on the clinician's character. (shrink)

Yang Guorong is one of the most prominent Chinese philosophers working today and is best known for using the full range of Chinese philosophical resources in connection with the thought of Kant, Hegel, Marx, and Heidegger. In The Mutual Cultivation of Self and Things, Yang grapples with the philosophical problem of how the complexly interwoven nature of things and being relates to human nature, values, affairs, and facts, and ultimately creates a world of meaning. Yang outlines how humans might live (...) more fully integrated lives on philosophical, religious, cultural, aesthetic, and material planes. This first English translation introduces current, influential work from China to readers worldwide. (shrink)

"Understanding Empiricism" is an introduction to empiricism and the empiricist tradition in philosophy. The book presents empiricism as a philosophical outlook that unites several philosophers and discusses the most important philosophical issues bearing on the subject, while maintaining enough distance from, say, the intricacies of Locke, Berkeley, Hume scholarship to allow students to gain a clear overview of empiricism without being lost in the details of the exegetical disputes surrounding particular philosophers. Written for students the book can serve both as (...) an introduction to current problems in the theory of knowledge as well as a comprehensive survey of the history of empiricist ideas. The book begins by distinguishing between the epistemological and psychological/causal versions of empiricism, showing that it is the former that is of primary interest to philosophers. The next three chapters, on Locke, Berkeley, Hume respectively, provide an introduction to the main protagonists in the British empiricist tradition from this perspective. The book then examines more contemporary material including the ideas of Sellars, foundations and coherence theories, the rejection of the a priori by Mill, Peirce and Quine, scepticism and, finally, the status of religious belief within empiricism. Particular attention is paid to criticisms of empiricism, such as Leibniz's criticisms of Locke on innatism and Frege's objections to Mill on mathematics. The discussions are kept at an introductory level throughout to help students to locate the principles of empiricism in relation to modern philosophy. (shrink)

"Understanding Empiricism" is an introduction to empiricism and the empiricist tradition in philosophy. The book presents empiricism as a philosophical outlook that unites several philosophers and discusses the most important philosophical issues bearing on the subject, while maintaining enough distance from, say, the intricacies of Locke, Berkeley, Hume scholarship to allow students to gain a clear overview of empiricism without being lost in the details of the exegetical disputes surrounding particular philosophers. Written for students the book can serve both as (...) an introduction to current problems in the theory of knowledge as well as a comprehensive survey of the history of empiricist ideas. The book begins by distinguishing between the epistemological and psychological/causal versions of empiricism, showing that it is the former that is of primary interest to philosophers. The next three chapters, on Locke, Berkeley, Hume respectively, provide an introduction to the main protagonists in the British empiricist tradition from this perspective. The book then examines more contemporary material including the ideas of Sellars, foundations and coherence theories, the rejection of the a priori by Mill, Peirce and Quine, scepticism and, finally, the status of religious belief within empiricism. Particular attention is paid to criticisms of empiricism, such as Leibniz's criticisms of Locke on innatism and Frege's objections to Mill on mathematics. The discussions are kept at an introductory level throughout to help students to locate the principles of empiricism in relation to modern philosophy. (shrink)

Human lives are radically uncertain. Making sense of such uncertainties is the hallmark of wisdom. Sense-making requires narratives, putting them in the center stage of human everyday decision-making. Yet what if radical uncertainty is a narrative itself? Moreover, do laypeople always consider such narratives irrational? Here we pose these questions to enrich a theory of choice under uncertainty.

Diana Tietjens Meyers examines the political underpinnings of psychoanalytic feminism, analyzing the relation between the nature of the self and the structure of good societies. She argues that impartial reason--the approach to moral reflection which has dominated 20th-century Anglo-American philosophy--is inadequate for addressing real world injustices. ____Subjection and Subjectivity__ is central to feminist thought across a wide range of disciplines.

The idea that the self is in need of rethinking, as the title to this collection of essays suggests, presupposes that the self has already been “thought.” And indeed it has—both explicitly, by philosophers, and implicitly, in the practices of everyday life. For philosophers, this thinking about the self has taken place largely in abstract terms; persons have been treated as metaphysical-cum-moral subjects, disembodied minds that could plausibly be split from or melded with other such minds, or as rational agents, (...) capable of choosing a plan in terms of which to live their lives. In everyday life, in contrast, we “think” one another as selves by making assumptions about how the people we encounter fit into the social landscape and about how we ourselves have a place in the world. As the essays in this collection demonstrate, feminists have challenged both ways of thinking of selfhood in various, sometimes contradictory, ways. (shrink)

The cultural imagery of women is deeply ingrained in our consciousness. So deeply, in fact, that feminists see this as a fundamental threat to female autonomy because it enshrines procreative heterosexuality as well as the relations of domination and subordination between men and women. Diana Meyers' book is about this cultural imagery - and how, once it is internalized, it shapes perception, reflection, judgement, and desire. These intergral images have a deep impact not only on the individual psyche, but (...) also on the social, political, and cultural syntax of society as a whole. Meyer's argues for the necessity of crafting a dissident, empowering, and 'emancipatory counter-imagery' for women. Rigorous, well written, and accessible, the reach of Gender in the mirror is arguably catholic, and addresses the interests or readers across an impressive range of intellectual disciplines. (shrink)

It is always appropriate to ask whether an expedient foreign policy is morally justifiable, just as it is always appropriate to ask whether a morally defensible policy is consistent with the national interest. The ongoing dialogue between morality and realpolitik gives much of foreign policy debate its characteristic bite. In this collection of essays, a distinguished group of philosophers, political theorists, and lawyers- including Russell Hardin and Marshall Cohen-explore these contrasting themes. In essays that are at once insightful and accessible, (...) noted political thinkers examine the tension of the conflicting demands of morality and national self-interest in the context of the foundations of international order, the possession and use of nuclear weapons, recourse to war, and the prospects for peace. A final postscript addresses the question of the responsibility of intellectuals in the national foreign policy debate. This book will appeal to scholars and students in any discipline dealing with international affairs as well as to lay readers who wish to explore the implications of taking morality and reason seriously in foreign policy. (shrink)

In the words of Catharine MacKinnon, "a woman is not yet a name for a way of being human." In other words, women are still excluded, as authors and agents, from identifying what it is to be human and what therefore violates the dignity and integrity of humans. Recognition, Responsibility, and Rights is written in response to that failure. This collection of essays by prominent feminist thinkers advances the positive feminist project of remapping the moral landscape by developing theory that (...) acknowledges the diversity of women. (shrink)

How is women’s conception of self affected by the caregiving responsibilities traditionally assigned to them and by the personal vulnerabilities imposed on them? If institutions of male dominance profoundly influence women’s lives and minds, how can women form judgments about their own best interests and overcome oppression? Can feminist politics survive in face of the diversity of women’s experience, which is shaped by race, class, ethnicity, and sexual orientation, as well as by gender? Exploring such questions, leading feminist thinkers have (...) reinvigorated work on the concept of self and personal identity, as demonstrated by the discussions in this insightful volume.The concerns that animate feminist scholarship have prompted feminist philosophers to sideline the theme of individualism and to focus on the theme of intersubjectivity. In conceptualizing the self, the contributors to this volume highlight emotional bonds among people, the stories people tell one another, and the systems of categories and behavioral norms that unite and divide groups of people. Topics addressed include sexual violence and the self, the social self and autonomy, the narrative self and integrity, self-ownership and the body, forgetting yourself and your race, group membership and personal identity, grief and gender, sympathy and women’s diversity, emotion and emancipatory epistemology, and dependency and justice. This volume will be important reading for students of feminist theory, ethics, and social and political philosophy. (shrink)

A collection of some of my previously published papers with an introduction and a new chapter.