The present study investigated the associations between social media use integration and Technological Intimate Partner Violence (TIPV) while also exploring the mediating role of the three dimensions of jealousy and the moderating role of moral absolutism. Our sample consisted of 404 adults aged 18 to 59. The results indicated a significant positive effect of social media use integration on cognitive jealousy and TIPV. Social media use integration was correlated with behavioral jealousy and TIPV, while TIPV was positively associated with (...) all three dimensions of jealousy. The moderated mediation analysis suggested that behavioral jealousy fully mediated the effect of social media use integration toward TIPV at all levels of moral absolutism, while cognitive jealousy had a partial mediating effect only at medium and high levels of moral absolutism. We discuss our findings by pointing out that (a) various dimensions of jealousy might be influenced differently by social media use integration, and (b) individuals with high levels of moral absolutism might be more prone to cognitive jealousy after being exposed to prolonged social media use. We acknowledge that our results may have limited generalizability as our sample was primarily female. Research involving larger portions of male participants would be important to pursue. (shrink)

There are few moral principles less controversial than “don’t touch people’s private parts without consent.” Though the principle doesn’t make explicit that there are exceptions, there clearly are some. Parents must wipe their infants. If an unconscious patient is admitted to the emergency room with a profusely bleeding laceration on their genitals, a doctor must give them stitches. The researchers who proposed the study in question, which would look for a connection between burn patients’ microbiomes and their clinical outcomes, presumably (...) believed they had identified an additional exception to the aforementioned principle. I argue that they did not. Rather, because of their tremendous inherent risks, we ought only to perform intimate procedures on those who can’t consent when the procedure is for their own good. -/- Intimate violations have been overlooked in both philosophy and medicine. Because of this, we have lacked an adequate conceptual framework for identifying certain kinds of harms research can inflict. When we understand these special risks, we see that the IRB was right to deny a waiver of consent. (shrink)

Aristotle, Dignāga, Descartes, Arnauld, Locke, Brentano, Sartre and many others are right about the nature of conscious awareness: all such awareness comports—somehow carries within itself—awareness of itself . This is a necessary condition of awareness being awareness at all: no ‘higher-order’ account of what makes conscious states conscious can be correct. But is very paradoxical: it seems to require that awareness be somehow already present, in such a way as to be available to itself as object of awareness, in order (...) to be constituted as awareness in the first place. Can anything relate to itself in this way? Can there be a relation that is necessarily one-term, reflexive, non-logical , concretely realizable, dynamically real, such that its holding is a necessary condition of the existence of the thing it holds of? It helps to consider the thought this very thought is puzzling. Many accept the reality of the kind of awareness of awareness posited in and , and think it must be not only ‘pre-reflective’ and ‘non-positional’, but also irrelational or non-intentional. But perhaps such awareness of awareness can be fully relational and fully intentional, and can be legitimately said to be its own object or content, even while being pre-reflective and non-positional. (shrink)

Humans have a fundamental need to belong. This, need, as Kimberley Brownlee argues in her book Being Sure of Each Other grounds the human right against social deprivation. But in addition to having a human right against social deprivation, we also have a right to associational freedom, which is grounded in our right to autonomy. We cannot be forced into relationships; we are free to choose our friends and loved ones.? In this paper I discuss what our right to associational (...) freedom morally permits us to do when are already in an intimate relationship and, relatedly, what our relationship-dependent duties require of us in such cases. What exactly are the constraints on our right to associational freedom? And what is the content and scope of our relationship-dependent duties, given that our right to associational freedom conflicts with the fulfillment of these duties?? After providing some clarifications as to how we should understand intimate relationships that have ended, I will first highlight what relationship-dependent duties are and how they correlate with a right to associational control. I will then discuss several break-up scenarios, the aim of which is to determine the conditions that justify constraints being imposed on the right to associational freedom and to delineate the scope of relationship-dependent duties. (shrink)

We show the intimate relationship between McNaughton Theorem and the Chinese Remaindner Theorem for MV-algebras. We develop a very short and simple proof of McNaughton Theorem. The arguing is elementary and right out of the definitions. We exhibit the theorem as just an instance of the Chinese theorem. Since the variety of MV-algebras is arithmetic, the Chinese theorem holds for MV-algebras. However, to make this paper self-contained and entirely elementary, we include a simple proof of this theorem inspired in (...) Ferraioli and Lettieri (Math Logic Q 1:27–43, 2011). (shrink)

Unconsented intimate exams on men and women are known to occur for training purposes and diagnostic reasons, mostly during gynecological surgeries but also during prostate examinations and abdominal surgeries. UIEs most often occur on anesthetized patients but have also been reported on conscious patients. Over the last 30 years, several parties—both within and external to medicine—have increasingly voiced opposition to these exams. Arguments from medical associations, legal scholars, ethicists, nurses, and some physicians have not compelled meaningful institutional change. Opposition (...) is escalating in the form of legislative bans and whistleblower reports. Aspiring to professional and scientific detachment, institutional consent policies make no distinction between intimate exams and exams on any other body part, but patients do not think of their intimate regions in a detached or neutral way and believe intimate exams call for special protections. UIEs are found to contribute to moral erosion and moral distress of medical students and compromise the sacred trust between the medical community and the general public. This paper refutes the main arguments in favor of the status quo, identifies a series of harms related to continuing the current practice, and proposes an explicit consent policy for intimate exams along with specific changes to medical school curriculum and institutional culture. Because patients are the rights-holders of their bodies, consent practices should reflect and uphold patient values which call for explicit consent for intimate exams. (shrink)

The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their (...) legitimate authority in so far as they aim deliberately to influence their children’s religious views. Healthy familial relationships involve some identification of child with parent and require a sphere of spontaneous interaction between parent and child that are in any case likely to influence those views and constitute a standing threat to autonomy. Correcting over-deferential understandings of parents’ rights enables schools better to promote not only children’s autonomy but also other legitimate civic goals. (shrink)

Daniel Brudney's clear-headed analysis, in this issue of the Hastings Center Report, of the difference between a patient's and a surrogate's right to make medical treatment decisions contributes to a longstanding conversation in bioethics. Brudney offers an epistemological and a moral argument for the patient's and the surrogate's right to decide. The epistemological argument is the same for both parties: the patient has a right to decide because she is presumed to know her own interests better than anyone else, and (...) the surrogate is entitled to make decisions because she knows the patient better than anyone else. However, argues Brudney, the moral arguments are not parallel. The patient's moral right to decide for herself is an exercise of autonomy, but the only ground for the responsibility held by the surrogate, says Brudney, is that she knows the patient better than the health care professionals do. If in fact that's not the case, then she forfeits her right to be the patient's surrogate. For all the clarity and force of his argument, I think Brudney may be barking up the wrong tree. In cases of proxy decision-making, it's intimacy, not knowledge, that does the heavy moral lifting. (shrink)

The phenomenological ethics of Emmanuel Levinas challenges fundamental assumptions regarding the ethical and ontological nature of interpersonal relationships. Although Levinas did not address the specific ethical realities of enduring intimacy, the existential anthropology of Martin Buber is used to explore the implications of Levinas' ethic for enduring intimate relationships. These philosophers call for a reexamination of some of our basic assumptions about being a couple, and challenges us to articulate a more meaningful description of what it means to be (...) a couple. 2012 APA, all rights reserved). (shrink)

ABSTRACT The concept of ‘intimate citizenship’ stresses the right of people to choose how they organize their personal lives and claim identities. Support and interest groups are seen as playing an important role in the pursuit of recognition for these intimate choices, by elaborating visible and positive cultures that invade broader public spheres. Most studies on intimate citizenship take into consideration the exclusions these groups encounter when negotiating their differences with society at large. However, much less attention (...) is paid to the ways in which these groups internalize the surrounding ideologies, identity categories and hierarchies that pervade society and constrain their recognition as full citizens. In contrast, this paper aims to emphasize the reproduction of otherness within alternative spheres of life, and to reveal the ambiguities and complexities involved in their dialectic relationship with society at large. To address this issue, the paper focuses on the role that ‘adoption cultures’ of Flemish adoptive parents with children from Ethiopia play in the pursuit of being recognized as ‘proper’ families and full citizens. The ethnographic research among adoptive parents and adoption professionals shows a defensive discourse and action that aims at empowering against potential problems, as well as a tendency to other the adoptive child by pathologizing its non‐normativity. By showing the strong embeddedness of adoptive families' practices of familial and cultural construction in larger cultural frames of selfing and othering, characterized by biologism and nativism, one begins to understand the limits of their capacity to realize full citizenship. (shrink)

This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient for addressing (...) the question whether and why there is a right to parent one’s biological child. Such a right is important because, in its absence, fairness towards adequate prospective parents who are involuntarily childless would demand a ‘babies redistribution’; moreover, in societies with entrenched histories of injustice there may be reasons of fairness for shuffling babies amongst all recent parents. I supplement the Brighouse-Swift account of fundamental parental rights by an account of how adequate parents acquire the right to parent their biological babies. I advance two arguments to this conclusion: by the time of birth, the birth parents will have already shouldered various burdens in order to bring children into existence, and are likely to have formed an intimate relationship with the future baby. Denying birth parents who would make at least adequate parents the right to keep their baby would be unfair to them and would destroy already formed parent-baby relationships which, I assume, are intrinsically valuable. (shrink)

Intimate partner violence (IPV) is a major health and human rights problem globally. However, empirical findings on the predictors of IPV cross-culturally are highly inconsistent, and the theory of IPV is underdeveloped. We propose a new analytical framework based on cooperative game theory in which IPV is a function of the power relations of the dyadic relationship, not simply the actors involved. Using data from the 2005 Colombian Demographic and Health Survey, we test the hypothesis that IPV is (...) predicted by large asymmetries in dyadic power using a hierarchical generalized linear model. Results suggest that education, urban residence, age at sexual debut, whether the woman has other sexual partners, and the age difference between spouses have strong effects on the log-odds of a woman experiencing IPV. Cooperative game theory and social network analysis offer a general approach to the problem of intimate partner interactions which can be applied broadly cross-culturally. (shrink)

Why is it more violating to grab a stranger’s thigh or stroke their face than it is to grab their forearm? Why is it worse to read someone’s dream journal without permission than it is to read their bird watching field notes? Why are gestation mandates so incredibly intrusive? Intimacy is key to understanding these cases, and to explaining many of our most stringent rights. -/- I present two ways of thinking about intimacy, Relationship-First Accounts and the Intimate (...) Zones Account. I argue that only the Intimate Zones Account lets us cohesively understand intimacy’s importance, and the scope of our intimate rights. I characterize our intimate zones as meeting the Hiddenness and Importance Conditions. A feature’s meeting these conditions makes it a locus of special vulnerability by which our persons can be fundamentally altered. This special vulnerability explains why our duties to respect the intimate boundaries of others are so strict. (shrink)

This article takes a closer look at intimate partner violence (IPV) and its semantical, political, and legal interactions with crisis and crisis discourse. Starting from the fact that IPV has been called a “shadow pandemic” and a “hidden crisis”, the article conceptualizes two parallel phenomena: how the COVID-19 pandemic — and crises in general — impact on IPV by exacerbating vulnerabilities and how crisis discourse has been mobilized to argue for a responsive state and strong positive obligations to combat (...) and reduce IPV. The article then draws a parallel between crisis discourse and vulnerability reasoning, analyzing how vulnerability has played a similar role within the case law of the European Court of Human Rights (ECtHR) and led the latter to develop a consistent strand of case law concretizing states’ positive obligations. The article also takes a critical stance, examining the risks of crisis discourse and vulnerability when viewed through a crisis lens. To counter these risks, it argues for a nuanced, structural, and dynamic understanding of vulnerability and a focus on resilience-building institutions and mechanisms. Within the ECtHR case law, this signifies elaborating upon the already existing positive obligations, including by taking inspiration from the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Such an approach is necessary to leave behind the emergency time usually associated with crises and work toward lasting structural change. (shrink)

Disentangling Privacy and Intimacy: Intimate Citizenship, Private Boundaries and Public Transgressions Recent theorisations of transformations of intimacy—like Ken Plummer's (2003) Intimate Citizenship project—concentrate on social and cultural transformations that erode the containment of intimacy within the private sphere. They have less to say about the character of and oppositions to that erosion, and specifically how far the idea of the private stands in opposition to intimacy transgressing into the public. In this essay, the private is explored through its (...) constitutive features—liberal codifications of rights, liberty and property, medico-moral discourses and conservative values and legal and political regulation—to give a more political and critical reading. This reading suggests that an explicit disentangling of the private and the intimate is necessary if tendencies toward public and emancipated intimacies are to become meaningful transformations, and this involves a dissembling of and critical engagement with the powerful historically entrenched idea of privacy in western societies. (shrink)

This essay argues that a recurrent concern among feminist scholars to "get Wollstonecraft's (proto-)feminism right" risks (1) limiting how we understand her contributions to the politics of the post-Revolutionary period and (2) limiting how we understand those politics to be gendered. The argument unfolds through a rhetorical analysis that traces Wollstonecraft's efforts to bring order to the practices of reading and writing. In their attempts to discipline literacy, her writings simultaneously challenge and exploit gender practices and identities; in so doing (...) they underscore the significance ofprint culture to the political and sexual struggles of the late eighteenth century. The essay concludes that this significance suggests a need for more detailed analyses of the links between the politics of print culture and the formation of public spheres. (shrink)

William Perm summarized theMagna Cartathus: “First, It assertsEnglishmento be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because it is necessary to (...) maintain or protect other, more basic, liberty rights. Important to our constitutional tradition has been the idea that “[t]he right to property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.” Along similar lines, it has been argued that only an economic system based on private property disperses power and resources, ensuring that private people in civil society have the resources to oppose the state and give effect to basic liberties. Alternatively, it is sometimes claimed that only those with property develop the independent characters that are necessary to preserve a regime of liberty. But not only have liberals insisted that, property is a means of preserving liberty, they have often conceived of it as an embodiment of liberty, or as a type of liberty, or indeed as identical to liberty. This latter view is popular among contemporary libertarians or classical liberals. Jan Narveson, for instance, bluntly asserts that “Liberty is Property,” while John Gray insists that “[t]he connection between property and the basic liberties is constitutive and not just instrumental.”. (shrink)

William Blake and Zadie Smith reached strikingly similar critical positions towards philosophical trends current in their respective eras. Both excoriate those who, for selfish ends, disparage beauty and in so doing sabotage justice, love, joy and genuine freedom. Smith’s On Beauty, like Blake’s America: A Prophecy and Visions of the Daughters of Albion, indicts the reprehensible intellectual discourses of the day that undermine human happiness and corrupt the social order. Whereas Blake critiqued the rights revolutions set in motion by (...) Thomas Paine, William Godwin, Mary Wollstonecraft and others from a more broadly moral and future-oriented angle than has generally been recognized (as Saree Makdisi has shown), Smith wittily dramatizes that same vision through a huge range of up-to-date ideological discourses and antagonisms–many of them descended from Paine et al.–to refurbish Blake’s particular brand of radical antinomianism and to celebrate much the same optimistic spirit that Blake invested in America and Visions. Indeed, Smith’s novel anticipates and critiques ab ovo the sweepingenthusiasms that are animating current uprisings worldwide. (shrink)

Feminism is Queer is an introduction to the intimately related disciplines of gender and queer theory. While guiding the reader through complex theory, the author develops the original position of "queer feminism," which presents queer theory as continuous with feminist theory. While there have been significant conceptual tensions between second wave feminism and traditional lesbian and gay studies, queer theory offers a paradigm for understanding gender, sex, and sexuality that avoids the conflict in order to develop solidarity among those interested (...) in feminist theory and those interested in lesbian and gay rights. This accessible and comprehensive textbook carefully explains nuanced theoretical terminology and includes extensive suggested further reading to provide the reader with a full and thorough understanding of both disciplines.--Publisher information. (shrink)

ABSTRACT:In this article I inquire into Confucian ethics from a non-ideal stance investigating the complex interaction between Confucian ideals and the reality of the modern workplace. I contend that even Confucian workers who regularly engage in social rites at the workplace have an internal, Confucian reason to appreciate the value of rights at the workplace. I explain, from a Confucian non-ideal perspective, why I disagree with the presumptuous idea that labor (or workplace) rights are necessarily incompatible with Confucian (...) ideals and values. Specifically, I argue that if managers were “sages,” the highest moral exemplars and authorities in the Confucian tradition, they would perceive that social rituals alone are often not a contextually intelligent and valued response for the development of intimate communities in the modern workplace. The sage perspective will lead Confucian managers to realize, from their own moral perspective, that they have good reason to balance rites with rights, so long as the adoption is extrinsically valuable and consistent with the Confucian ideal. This article contributes to the debates about Confucianism's compatibility with rights, helps Western human rights scholars better contextualize their arguments in Confucianism-influenced cultures, and contributes to the development of a Confucian or Chinese approach to business ethics. (shrink)

In this paper I argue, against the current consensus, that the right to withdraw from research is sometimes alienable. In other words, research subjects are sometimes morally permitted to waive their right to withdraw. The argument proceeds in three major steps. In the first step, I argue that rights typically should be presumed alienable, both because that is not illegitimately coercive and because the general paternalistic motivation for keeping them inalienable is untenable. In the second step of the argument, (...) I consider three special characteristics of the right to withdraw, first that its waiver might be exploitative, second that research involves intimate bodily access, and third that it is irreversible. I argue that none of these characteristics justify an inalienable right to withdraw. In the third step, I examine four considerations often taken to justify various other allegedly inalienable rights: concerns about treating yourself merely as a means as might be the case in suicide, concerns about revoking all your future freedoms in slavery contracts, the resolution of coordination problems, and public interest. I argue that the motivations involved in these four types of situations do not apply to the right to withdraw from research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Significant Interests and the Right to KnowReuven Brandt (bio)1. IntroductionDaniel Groll's book Conceiving People (2021) attempts a novel and insightful defence of why individuals ought to choose open over anonymous gamete donation, barring any special circumstances. In broad strokes, the overall argument proceeds by defending three main claims: (1) that failing to disclose to children that they are donor-conceived is morally problematic, (2) that children who are informed that (...) they are donor-conceived (either intentionally by their social parents or otherwise) are likely to have a worthwhile, significant, subjective interest1 in having knowledge about their gamete donor(s), and (3) that parents have a duty to advance their children's worthwhile subjective significant interests. Groll's account departs from other criticisms of anonymous gamete donation in that it does not rest on the view that knowledge about one's genetic progenitors is essential to self-knowledge, identity formation, or other elements of wellbeing for creatures like us. The view thus attempts to avoid the pitfalls plaguing other criticisms of anonymous gamete donation, which tend to rely on controversial (and likely false) claims of genetic essentialism and/or genetic exceptionalism.Groll's thesis rests on the much more modest (and likely correct) claim that seeking information about one's genetic progenitors is one of many permissible, fruitful, and valuable routes to identity formation. According to Groll, it just so happens that a large portion of donor-conceived individuals aware of the absence of biological ties to one or more social parents choose this route to identity formation. And this empirical fact combined with plausible views about parents' obligations to promote their offspring's wellbeing gives prospective pro-creators strong reason to choose open donors over anonymous donors.Although many aspects of the picture Groll paints are attractive, I remain unconvinced that the overall argument succeeds. My criticism of the argument is multipronged. I am skeptical that failing to disclose to a child that they were donor-conceived and/or failing to disclose information to a child that they are [End Page 201] likely to find important violates the parental duty to build intimate relationships with one's offspring. This shifts the force of Groll's argument to the empirical claim that donor-conceived children are likely to have a significant subjective interest in knowing information about their biological relations. As I will show, the empirical evidence for this claim is not as strong as Groll presumes. In the absence of a deontic argument for disclosure, Groll must provide more robust empirical evidence that anonymous gamete donation is likely to result in off-spring with their weighty interests frustrated, or else argue that the risk is not worth taking. These are not fatal flaws but show that more empirical and normative work needs to be done to defend this line of argument.A more serious set of worries arise in response to Groll's claim that the interest that donor-conceived individuals have in genetic information is likely to be significant. Little is said about what constitutes a significant interest, except that interests fall along a linear spectrum and that the significance of an interest is a factor of "the space, so to speak, it takes up in a person's mental economy (do they think about it a lot?) and the extent to which they organize their lives around it" (2021, 63). My worries here are three-fold. First, it is unclear whether the empirical data support the claim that donor-conceived individuals are likely to have an interest in genetic knowledge that is significant in the sense that it occupies a large portion of their mental energy and is a locus around which they organize their lives. Second, there is scant discussion about whether an interest can become morally problematic (and so no longer worthwhile on Groll's account) if it is given too much weight. I will argue that a plausible reading of Groll's account requires that we treat overvalued interests as no longer worthwhile. Consequently, Groll's argument risks presuming the kind of genetic chauvinism—the view that genetic knowledge is essential to wellbeing—that he seeks to reject. Third, if... (shrink)

Theories of citizenship have largely focused on the provision of rights by law and policy measures, as if rights are universally beneficial and cost-free and the invitations of rights will be accepted once offered. I challenge this assumption and highlight the need to empirically address how people negotiate with the benefit and cost of claiming rights. Based on ethnographic research in South Korea, this article delves into the everyday lives of migrant women in two feminized sectors (...) of migration—cross-border marriage and sexual commerce—to situate the act of claiming rights in relation to the gendered pursuit of moral respect. I show that feminist groups in South Korea relied on the discourse of victimization and trafficking in pressuring the South Korean state to account for the human rights of migrant wives and migrant hostesses, while reinforcing the moral hierarchy that renders problematic migrant women’s work and intimate relationships. I argue that the distinctive material and moral costs that accompanied human rights–based provisions compelled migrant wives and hostesses to pursue divergent paths in seeking alternate bases to citizenship that would support their inclusion as moral equals. (shrink)

This Reply offers my answers to Cheshire Calhoun’s, Elizabeth Brake’s, and Monika Betzler’s wonderful contributions to the Criminal Law and Philosophy symposium on Being Sure of Each Other (2020). Their contributions focus respectively on the conceptual and normative foundations of my defence of our human rights to have adequate social inclusion, the harms that might flow from recognising such rights as human rights, and the impact such rights can have on our most intimate relations. My (...) replies aim both to clarify and solidify the argumentative basis for my account and to show that whatever harms and wrongs might dog the recognition of social human rights are nothing compared to the injustices that flow–and have long-flowed–from ignoring or attacking these rights. (shrink)

This chapter asks whether there is a human right to close personal relationships. It begins by providing a prima facie argument in favour of such a right: humans’ interests in close personal relationships are important, universal, and fundamental. It then explains that there are problems with the distribution, demandingness, and motivation of the correlative duties. The result is that each individual bears a human right only to ‘intimacy consideration’, not to close personal relationships themselves. The chapter then argues that things (...) are different if we conceptualize the right as belonging to groups, rather than to individuals. It is argued that groups of co-intimates have rights that others respect, protect, and promote the group’s intimacy. The duties correlative to such group-held rights do not face the problems of distribution, demandingness, and motivation that plague the individually-held right. Group-held rights in this arena are an important moral and political tool. (shrink)

Touching is an integral part of human behaviour; from the moment of birth until they die, people need to be touched and to touch others. Touching is an intimate action that implies an invasion of the individual's personal, private space. In ethical terms, the ques tion of touching is closely related to the patient's right to integrity and inviolability. The purpose of this study was to describe touching as it is experienced by elderly patients and nurses in long-term care. (...) Touching was approached as a form of commu nication and as an important part of nursing practice. The participants, 25 patients and 30 nurses, were interviewed using a semistructured schedule. The data were analysed using the method of content analysis. The patients experienced touching by nurses as gentle, comforting and important. The nurses, for their part, experienced touching by patients as easy and natural. The patients rarely touched nurses more than was neces sary. In some cases, nurses had to cope with violent touching by patients. Some women nurses interpreted touches by male patients as having a sexual nature and as annoying. This had taught male patients to avoid touching nurses. On the other hand, friendly and grateful touches by patients were very important to nurses. When used for emotional purposes only, touching presupposed a good relationship between nurses and their patients. Although touching is extremely common in nursing practice, there has been very little research into its meaning. More work is therefore needed to explore the role and meaning of touching in nursing. (shrink)

This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such (...) as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. The book includes contributions from leading feminist philosophers, medical professionals, and academics in medicine and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law. (shrink)

Readers of Hannah Arendt’s now classic formulation of the statelessness problem in her 1951 book The Origins of Totalitarianism abound at a moment when the number of stateless peoples worldwide continues to rise exponentially. Along with statelessness, few concepts in Arendt scholarship have spawned such a volume of literature, and perhaps none have provoked as much interest outside of the field of philosophy, as ‘the right to have rights.’ Interpreting this enigmatic term exposes the heart of our beliefs about (...) the nature of the political and has important consequences for how we practice politics on a global scale because it implicitly takes plural human beings, and not the citizen, as its subjects. Arendt’s conceptualization of this problem remains unsurpassed in its diagnosis of the political situation of statelessness, as well as its intimate description of the human cost of what she refers to as ‘world loss,’ a phenomenon that the prevailing human rights and global justice discourse does not take into account. And yet, as an alternative framework for thinking about global politics, the right to have rights resists easy interpretation, let alone practical application. (shrink)

My dissertation examines the rights of children in the context of liberal conceptions of justice. The theoretical aspects of the dissertation concern liberal paternalism, autonomy, and the adequacy of Rawls's argument for the lexical priority of liberty. I apply my theoretical conclusions to practical issues of medical decision making for children, compulsory education, parental and state authority, and the age of majority. ;I begin with an analysis of paternalism in liberal political theory and its justificatory bases in the concepts (...) of rationality and autonomy. On the basis of empirical studies of children's rationality I draw the preliminary conclusion that the age of majority should be lowered to fourteen years. Next, I consider utilitarian justifications for paternalistic treatment of children. I conclude that utilitarianism leads to an illiberal paternalism that would both maintain the present age of majority and call for expanded compulsory education and compulsory parent training. ;In light of utilitarian objections to rationality-based paternalism I consider whether the scope of liberal paternalism might be expanded to give greater weight to welfarist concerns. I argue against Rawls's lexical priority of liberty and for a more flexible balancing of liberty against welfare within the conception of justice as fairness. ;Turning to concrete problems, I analyze recent cases in law involving transplantation of organs between siblings, and argue that the nature of intimate relationships provides a ground for the partial compromise of freedom of the person in the context of family medical needs. However, I contend that adolescents should have authority to make their own medical decisions at age fourteen. I consider the proper scope of parental authority to shape the lives and values of children. I consider the justification and scope of compulsory education and propose a non-compulsory incentive system for continued education after the age of fourteen years. On the basis of my earlier argument for balancing welfare against liberty, I claim that it is permissible and advisable to set a higher age threshold for drinking, driving, marriage, and military service than is set for majority generally. (shrink)

A private property right is a collection of particular rights that relate to the control of an object. The ground for such moral rights rests on the value of project pursuit. It does so because the individual ownership of particular objects is intimately related to the formation and application of a coherent set of projects that are the major parts of a self-shaped life. Problems arise in explaining how unowned property is appropriated. Unilateral acts with regard to an (...) object, e.g., mixing in one’s labor into it, probably don’t ground particular rights to private property. Nor do bilateral contracts since a stable pre-institutional contract with regard to appropriation is not likely to form. However, a conventional method of appropriation can allow for such appropriation while at the same time preserving the pre-institutional nature of such rights. This theory can also account for a person’s property rights in her own body. However, the value of project formation requires that persons have at least some private property that is to serve as the object of their projects. These positive rights to property undermine the libertarian claim that all non-commitment-based rights are negative. However, a further empirical argument is needed in order to justify protecting these positive moral rights to private property by positive legal rights. (shrink)

Arguing that everyone has a right to privacy as control overaccess to `intimate' aspects of one's life, this author draws on thework of Julie Inness to discuss children's rights to privacy inclassrooms. Even if it is agreed that pupils should exercise this right,a central point is that there may be moral or other value considerationsthat justify setting the right aside. Among selected complexities, animportant extension is the right to psychological processes throughwhich learners acquire new knowledge.

The human right to health is crucial in the fight against global poverty. Health and an adequate standard of living are intimately connected. Poor health can make it difficult to overcome poverty, and poverty can make it difficult to attain good health. For the human right to health to be effective, however, it must have sufficient content to do the important normative work of rights. In the first part of this paper I give plausible arguments against the very existence (...) of a human right to health based on its lack of content and extend this to other social rights such as the right to adequate income, housing and education. In the second part of the paper I provide a defense of human social rights, including the human right to health, by arguing that these human rights, though abstract, have enough content to function as rights. (shrink)

The aim of this article is to show how intimately connected Beth J. Singer's theory of operative rights is with her understanding of the deliberative process. I thus argue against Cynthia Gayman's effort to set in contrast Singer's theory of rights and Dewey's characteristic emphasis on reflective morality. Since I take the value of Singer's approach to be most evident in its relevance to the abortion debate as an ongoing deliberation, I question whether Mary Magada‐Ward sufficiently appreciates the (...) dialogical and deliberative emphases of Singer's stance. My goal, however, is not so much to argue against either Gayman or Magada‐Ward as it is to argue for taking Singer's position even more seriously than either author does. In particular, I want to highlight the finely nuanced character of Singer's philosophical intervention in the debate regarding abortion, especially stressing certain features that Gayman and Magada‐Ward overlook. (shrink)

Big Data Analytics promises to help companies and public sector service providers anticipate consumer and service user behaviours so that they can be targeted in greater depth. The attempts made by these organisations to connect analytically with users raise questions about whether surveillance, and its associated ethical and rights-based concerns, are intensified. The articles in this special themed issue explore this question from both organisational and user perspectives. They highlight the hype which firms use to drive consumer, employee and (...) service user engagement with analytics within both private and public spaces. Further, they explore extent to which, through Big Data, there is an attempt to expand surveillance into the emotional registers of domestic, embodied experience. Collectively, the papers reveal a fascinating nexus between the much-vaunted potential of analytics, the data practices themselves and the newly configured intimate spheres which have been drawn into the commercial value chain. Together, they highlight the need for conceptual and regulatory innovation so that analytics in practice may be better understood and critiqued. Whilst there is now a rich variety of scholarship on Big Data Analytics, critical perspectives on the organising practices of Big Data Analytics and its surveillance implications are thin on the ground. Combined, the articles published in this special theme begin to address this shortcoming. (shrink)

It is common to think that our intimates are required to help us. But it can be problematic to appeal to certain kinds of facts (e.g., previous favors or prudentially relevant facts) in order to entice them to help us—even when those facts provide them with sufficient or decisive reason to help us. This is puzzling because, in these cases, our intimates have sufficient or decisive reason to act in the way we are trying to entice them to act. Moreover, (...) it generally seems more problematic to appeal to certain kinds of facts (e.g., previous favors or prudentially relevant facts) in order to entice our intimates to do things that help us than it is to appeal to these facts in order to entice nonintimates to perform the same actions. This too is puzzling because one is usually permitted to ask more from one's intimates than non-intimates. I argue that these enticements are intuitively problematic because they indicate that one violates a demand of good intimate relationships. In particular, they indicate that one violates a demand for a certain kind of doxastic partiality; that is, one should trust one's intimates to follow what one's intimates know are demands of good intimate relationships. More specifically, one fails to trust one's intimates to be sufficiently motivated to protect or promote one's needs, desires, interests, projects, and well-being for one's own sake. Making such requests of nonintimates is not usually intuitively problematic because one is not required to trust non-intimates to be motivated in this way. (shrink)

This text is part of a research conducted under the working title "What do we talk about when we are silent and what are we silent about when we are talking? - premises for the anthropology of silence about the nearest past." In the first part the author investigates the meaning of silence in the Croatian and Serbian press right before and during Croatia's Operation Storm. The ratio between silence, suppression of information and forgetting, on the one hand, and social (...) memory, on the other, has been elaborated in the final part of the text by following reports about the anniversaries of Operation Storm in both Croatian and Serbian publics. The starting point lies in the belief that the phenomenon of silence, being an immanent part of each discourse, represents an important factor in the creation of social relationships and system of value models, that it has important communication and cognitive functions and that the performance character lies in its essence. In short, silence makes it possible to form the prevailing image about this event, even if it does not construct it indirectly - through speech. The author has elaborated on the meaning of silence in the context of Operation Storm partly because studies about the breakup of Yugoslavia frequently mention silence as a manipulation strategy employed by some of the sides in the conflict, while not a single study systematically investigates the semantic of silence and suppression of information in these conflicts. Most importantly, taking into account the frequency of direct silence in the newspaper discourse and rhetoric strategies that point at silence indirectly from the context and discourse, the author focuses on the relationship between the event and silence. In order to shed light on the way in which Operation Storm is remembered, i.e. forgotten, in the stakeholders' publics and political imageries, she follows the dailies - Vecernje Novosti Politika, Danas - Vecernji List, Jutarnji List, Magazin supplement of the Jutarnji List, as well as texts about Operation Storm in weeklies such as the NIN and Vreme of Belgrade or Globus of Zagreb in the period between August 2, 1995 and mid-August 2006. Ovaj tekst je deo istrazivanja koje se odvija pod radnim naslovom "O cemu govorimo kada cutimo i o cemu cutimo kada govorimo? - polazne pretpostavke za antropologiju cutanja o najbilizoj proslosti". U prvom delu autorka ispituje znacenja cutanja u pisanju hrvatske i srpske stampe neposredno pre hrvatske akcije Oluja i tokom same akcije. Odnos cutanja, precutkivanja i zaboravljanja, s jedne strane, i drustvenog pamcenja, s druge strane tematizovan je u zavrsnom delu teksta, pracenjem napisa o godisnjicama akcije Oluja u obe javnosti - hrvatskoj i srpskoj. Polaziste je u uverenju da je fenomen cutanja, buduci imanentni deo svakog diskursa znacajan cinilac kreiranja drustvenih odnosa i sistema vrednosnih modela, da ima vazne komunikativne i kognitivne funkcije i da je u svojoj sustini performativnog karaktera. U najkracem, cutanje pomaze formiranju dominantne slike o ovom dogadjaju, ako je, na posredan nacin - preko govorenja - i ne konstruise. Tematizovanje znacenja cutanja u kontekstu akcije Oluja preduzeto je delom i stoga sto se precutkivanje u studijama o kraju Jugoslavije neretko pominje kao manipulativna strategija neke od strana u sukobu, a da nema ni jedne studije koja bi sistematski ispitivala znacenja cutanja i precutkivanja u ovim konfliktima. I najvaznije, uvazavajuci frekventnost neposrednog izrazavanja cutanja u novinskom diskursu, kao i retorickih strategija koje posredno, iz konteksta i uspostavljenog sveta diskursa, upucuju na cutanje, autorka se usredsredjuje upravo na odnos dogadjajnosti i cutanja. Kako bi osvetlila nacin na koji je operacija Oluja zapamcena, odnosno zaboravljena u zainteresovanim javnostima i politickim imginarijumima, prati pisanje dnevne stampe - Vecernje novosti, Politika, Danas - Vecernji list Jutarnji list, Magazin - dodatak Jutarnjeg lista, kao i napise o Oluji u nedeljnicima, poput beogradskog NIN-a, Vremena ili zagrebackog Globusa u periodu od 02. avgusta 1995. do sredine avgusta 2006. godine. (shrink)

This text is part of a research conducted under the working title "What do we talk about when we are silent and what are we silent about when we are talking? - premises for the anthropology of silence about the nearest past." In the first part the author investigates the meaning of silence in the Croatian and Serbian press right before and during Croatia's Operation Storm. The ratio between silence, suppression of information and forgetting, on the one hand, and social (...) memory, on the other, has been elaborated in the final part of the text by following reports about the anniversaries of Operation Storm in both Croatian and Serbian publics. The starting point lies in the belief that the phenomenon of silence , being an immanent part of each discourse, represents an important factor in the creation of social relationships and system of value models, that it has important communication and cognitive functions and that the performance character lies in its essence. In short, silence makes it possible to form the prevailing image about this event, even if it does not construct it indirectly - through speech. The author has elaborated on the meaning of silence in the context of Operation Storm partly because studies about the breakup of Yugoslavia frequently mention silence as a manipulation strategy employed by some of the sides in the conflict , while not a single study systematically investigates the semantic of silence and suppression of information in these conflicts. Most importantly, taking into account the frequency of direct silence in the newspaper discourse and rhetoric strategies that point at silence indirectly from the context and discourse, the author focuses on the relationship between the event and silence. In order to shed light on the way in which Operation Storm is remembered, i.e. forgotten, in the stakeholders' publics and political imageries, she follows the dailies - Večernje Novosti Politika, Danas - Večernji List, Jutarnji List, Magazin supplement of the Jutarnji List , as well as texts about Operation Storm in weeklies such as the NIN and Vreme of Belgrade or Globus of Zagreb in the period between August 2, 1995 and mid-August 2006. (shrink)

As controversial as Lockean interpretation relating to the ideas of the law of nature and natural rights has always been, few would dispute the inextricable connection between them in the context of John Locke's thought. The historical development of natural rights language out of the natural law tradition is mirrored to a certain extent in the order within and between Locke's own writings. Locke intimates a persuasive account of the concurrent univocal property of God and the human being (...) in the particular human being herself. The particular human being is the property of God and herself in the very same sense of the word "property", i.e. the product of workmanship or labor. Both slavery and suicide fall foul of Locke's doctrine of the law of nature and natural rights: slavery is a violation of self‐ownership, and suicide is as direct a violation of divine ownership as one can imagine. (shrink)

The human right to health is crucial in the fight against global poverty. Health and an adequate standard of living are intimately connected. Poor health can make it difficult to overcome poverty, and poverty can make it difficult to attain good health. For the human right to health to be effective, however, it must have sufficient content to do the important normative work of rights. In the first part of this paper I give plausible arguments against the very existence (...) of a human right to health based on its lack of content and extend this to other social rights such as the right to adequate income, housing and education. In the second part of the paper I provide a defense of human social rights, including the human right to health, by arguing that these human rights, though abstract, have enough content to function as rights. (shrink)

In law and common-sense morality, it is generally assumed that adults who meet a minimum threshold of parental competency have a presumptive right to parent their biological children. But what is the basis of this right? According to one prominent account, the right to parent one’s biological child is best understood as being grounded in an intimate relationship that develops between babies and their birth parents during the process of gestation. This paper identifies three major problems facing this view—the (...) explanatory, adjudicatory, and theoretical problems—and explains how an alternative autonomy-based account is capable of avoiding them. (shrink)

In this article I put forward three lines of argument. Firstly, the current debate on trafficking in human beings focuses narrowly on exploitation in the sex industry. This has produced a stand-off between moralists and liberals which is detrimental to developing strategies to combat trafficking. Moreover, this narrow focus leads to missing out the large numbers of women who are trafficked into other industries. It also masks some of the root causes of trafficking. In this article I therefore compare the (...) practice of trafficking for prostitution with forced labour in other industries in order to show that the sole focus on trafficking for prostitution is detrimental to the efforts to combat trafficking. This analysis is based on recent research and reports on its methodology as well as its outcomes. Secondly, I relate these findings in the article to the agenda for the women's rights debate. The women's rights literature has looked separately at the sex industry and labour migration. In the light of our research outcomes, it makes sense to have a much more intimate exchange between these areas, in order to discern the central role of root causes like globalization, patriarchy and other forms of discrimination. Thirdly, whereas a dichotomy between universalism and particularism has produced its own trenches in this field, I propose a balanced approach which addresses all forms of violence against women, including the central area of exploitation of migrant women in any sector or domestic context. (shrink)

Education lies at the heart of the Universal Declaration of Human Rights (UDHR): ‘Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms’. However, when education is mentioned in the philosophical literature on human rights, or even within the literature on educational policy, it is usually within the context of its being treated as a specific right—as education as a human right rather than (...) human rights education. Taking rights and obligations to be intimately tied within a full human rights educational regime, I argue for the role of education in establishing and realizing freedom from poverty as a human right. The arguments for why this freedom should be considered a human right are compelling. I offer five educational moments in the human rights movement in general, and the arguments for freedom from poverty as a human right, more specifically, in my discussion of human rights education. (shrink)

It’s often assumed that if white people have a sexual preference for other white people, they, when using intimate dating platforms, have the right to skip over the profiles of Black people. As some argue, we have the right to act on our sexual preferences, including racialized sexual preferences, because doing so isn’t harmful, and even if it were harmful, this wouldn’t matter because either our “right” to act on our sexual preferences outweighs the harm and/or we cannot even (...) control our sexual preferences. Against this view, I argue that (1) when white people act on anti-Black sexual preferences, white people harm Black people insofar as they reduce their objective welfare level, and (2) we can in fact, to some degree, control our racialized sexual preferences. Moreover, I argue that because white people who engage in racialized sexual discrimination against Blacks disrespect and demean Black people and we don’t have any kind of right to disrespect and demean persons, white people don’t have even a prima facie right to act on anti-Black sexual preferences. Indeed, white racialized sexual discrimination against Black people is always deeply wrong, not only because it wrongs Black people, but it also wrongs the discriminators themselves. (shrink)

This study addresses the gap between policy and practice on the issue of women’s right to own rural land through a qualitative study conducted in Pakistan’s two largest provinces, Punjab and Sindh. A recent survey finds that only 4% of women own rural land in Pakistan. Given the relatively large agrarian economy, land is a key resource determining women’s agency. To understand the dynamics that maintain this status quo, I use two distinct strands of feminist theory. First is Joan Acker’s (...) organizational theory of gender and class structures, to explore the inequality regimes embedded in rural patriarchy. Second, I adapt Suad Joseph’s conceptualization of patriarchal connectivity to show how in rural Pakistan, valorizing kinship works to exclude women from matters pertaining to land and silencing demands for their inheritances. This framework simultaneously allows for a fine-grained analysis of the politico-economic and social structures of rural society, while building an intimate understanding of familial relations. The findings show how land is discursively defined as a collective good to ensure that landed patriarchs remain entrenched within the political and economic order of the state, limiting possibilities, for women, of acquiring agency through owning and controlling rural land. The study also upends the widespread myth of Islamic misogyny, for it demonstrates the political economy of patriarchal domination over religion in Pakistan. (shrink)

Background To investigate attitudes of staff, residents and family members in long-term care towards sex and intimacy among older adults, specifically the extent to which they conceptualise sex and intimacy as a need, a right, a privilege or as a component of overall well-being. Methods The present study was a part of a two-arm mixed-methods cross-sectional study using a concurrent triangulation design. A validated survey tool was developed; 433 staff surveys were collected from 35 facilities across the country. Interviews were (...) conducted with 75 staff, residents and family members. Results It was common for staff, residents and family members to talk about intimacy and sexuality in terms of rights and needs. As well as using the language of needs and rights, it was common for participants to use terms related to well-being, such as fun, happiness or being miserable. One participant in particular described receiving intimate touch as a ‘kind of care’—a particularly useful way of framing the conversation. Conclusion While staff, residents and family frequently used the familiar language of needs and rights to discuss access to intimate touch, they also used the language of well-being and care. Reframing the conversation in this way serves a useful purpose: it shifts the focus from simply meeting minimum obligations to a salutogenic approach—one that focuses on caring for the whole person in order to improve overall well-being and quality of life. No data are available. (shrink)

In thinking about Rancière and Law, as this collection exhorts us to do, I have turned my attention to one of the most well-known areas of Rancière’s writings, the Rights of Man. In “Who is the Subject of the Rights of Man?”, Rancière aimed a broadside at the rights-scepticism which can be traced in much of critical theory to the writings of Hannah Arendt, and an older tradition on the right exemplified by Edmund Burke and Jeremy Bentham. (...) Rancière’s writings and thought cover a wide range of areas, but it is the famous focus on rights which interests me here, as it brings to bear the problematisation of the ‘subject’ which Rancière develops in his writings. Rancière does not take an ontological view of the subject. Rancière’s writings on human rights attempt to get out of an ontological trap he sees being promulgated in relation to them. These writings on rights and the subject illustrate Rancière’s conception of politics as a process, which emphasises a dynamic staging of conflicts and the impossibility of stepping outside that discussion and conflict. My starting point is Daniel Defoe’s Robinson Crusoe. This eighteenth century piece of literature is key for the discussion about the subject of human rights, and the paradoxes which those rights contain. This novel was used in United Nations debates to justify parts of the drafting of the Universal Declaration of Human Rights. In basing the subject of human rights in part on the eponymous hero of the same novel, the drafting committee constructed a vision of the human subject which conflated the figures of man and citizen. The subject of human rights was not a natural man, but intimately connected and indivisible from the society in which he was living. I connect Arendt’s critique of the right to have rights to these debates at the United Nations, illustrating how they lend support to Arendt’s criticisms of human rights. I then outline Rancière’s counter-critique of Arendt, and his defence of politics and rights. I show how Rancière’s distinction between politics and the police envisions a subject which is created through ‘dissensual’ acts. These acts of ‘dissensus’ are the very divisions, the strife or the conflict which constitutes the stage on which politics occurs. Rancière’s subject does not need to act politically in an existing public sphere where individuals recognise each other as equal and distinct. Rather, the acts they commit help contest the very meaning of rights and politics; a politics which always entails the verification of equality as such. I want to turn to the consequences of this processual politics. I use Rancière’s writings on politics and his defence of rights to illustrate how, in his schema, political subjects can be formed and new subjects hitherto unrecognised can be created through dissensual acts. I argue that in Rancière, any judgment on the quality of a political act, and the subject it can create, is necessarily made ex post facto. Rancière’s separation of politics from ethics forces us to avoid pre-judgments of the political nature of acts. This carries the risk that the reader of Rancière will interpret only the acts they are already sympathetic towards as ‘political’ and dissensual. The political remains in the eye of the beholder. As a result, this processual politics must be supplemented with a later judgment to be able to differentiate between potential political acts. In treating Rancière as a serious thinker of modernity and of rights, we need a way to distinguish between an act which is, for example, carried out by racists or those who oppress rights, and an act carried out by a demonstrator or as an act of resistance against hegemony. I argue that it is possible, following Rancière, to conceive of both as acts of dissensual politics potentially giving rise to political subjects. This in turn highlights the key issue for me in relation to Rancière’s thought. How can we distinguish between the quality of actors who act politically, without falling back on a presumed political sphere or modern liberal political philosophy? I conclude that a stronger questioning of the types of judgment needed to differentiate between political acts is required to avoid Rancière’s thought being used to justify forms of action the reader finds sympathetic. (shrink)