According to the standard version of discourse ethics (e.g. as formulated by Apel, Habermas, and others), the objectivity of moral norms resides in their intersubjective acceptability under idealized conditions of discourse. These accounts have been criticized for not taking sufficient account of contextual particularities and the realities of actual discourse. This essay addresses such objections by proposing a more realistic, contextualist 'principle of real moral discourse' (RMD). RMD is derived from a more comprehensive concept of objectivity that links intersubjective objectivity (...) with a factual objectivity based in features of social conflicts and the moral problems they pose. To clarify RMD and make this approach more plausible, a number of theoretical and practical questions are addressed concerning the notions of reasonability and inclusivity entailed by RMD. (shrink)

This article utilizes the case of Ms H. to examine the contrasting ways that surrogate decision makers move from simply hearing information about the patient to actually knowing and understanding the patient’s medical condition. The focus of the case is on a family’s request to actually see the patient’s wounds instead of being told about the wounds, and the role of clinical ethicists in facilitating this request. We argue that clinical ethicists have an important role to play in the work (...) of converting information into knowledge and that this can serve as a valuable way forward in the midst of seemingly intractable conflicts in the medical setting. (shrink)

Members of societies involved in an intractable conflict usually consider costs that stem from the continuation of the conflict as unavoidable and even justify for their collective existence. This perception is well-anchored in widely shared conflict-supporting narratives that motivate them to avoid information that challenges their views about the conflict. However, since providing information about such major costs as a method for moderating conflict-related views has not been receiving much attention, in this research, we (...) explore this venue. We examine what kind of costs, and under what conditions, exposure to major costs of a conflict affects openness to information and conciliatory attitudes among Israeli Jews in the context of the intractable Israeli–Palestinian conflict. Study 1 revealed that interventions based on messages providing information on mental health cost, economic cost, and cost of the conflict to Israeli democracy had no significant effect on perceptions of the participants of these prices, openness to new information about the conflict, or support for conciliatory policies. However, the existing perceptions that participants had about the cost of the conflict to Israeli democracy were positively associated with openness to alternative information about the conflict and support for conciliatory policies. Therefore, in Study 2, we tested whether providing information about future potential costs to the two fundamental characteristics of Israel, a democracy or a Jewish state, created by the continuation of the conflict, will induce attitude change regarding the conflict. The results indicate that information on the future cost to the democratic identity of Israel significantly affected the attitude of the participants regarding the conflict, while the effect was moderated by the level of religiosity. For secular participants, this manipulation created more openness to alternative information about the conflict and increased support for conciliatory policies, but for religious participants, it backfired. We discuss implications for the role of information about losses and the relationship between religiosity and attitudes regarding democracy and conflict. (shrink)

Peacemaking is especially challenging in situations of intractable conflict. Collective narratives in this context contribute to coping with challenges societies face, but also fuel conflict continuation. We introduce the Informative Process Model, proposing that informing individuals about the socio-psychological processes through which conflict-supporting narratives develop, and suggesting that they can change via comparison to similar conflicts resolved peacefully, can facilitate unfreezing and change in attitudes. Study 1 established associations between awareness of conflict costs and (...) class='Hi'>conflict-supporting narratives, belief in the possibility of resolving the conflict peacefully and support for pursuing peace among Israeli-Jews and Palestinians. Studies 2 and 3 found that exposure to IPM-based original videos led Israeli-Jews to deliberation of the information presented, predicting acceptance of the IPM-based message, which, in turn, predicted support for negotiations. Study 3 also found similar effects across IPM-based messages focusing on different conflict-supporting themes. We discuss the implications to attitude change in intractable conflicts. (shrink)

The Israel–Palestine conflict is one of the most tenacious and polarizing conflicts in the world and, according to some analysts, one that is seemingly impossible to solve given the current input v...

The Israel–Palestine conflict is one of the most tenacious and polarizing conflicts in the world and, according to some analysts, one that is seemingly impossible to solve given the current input v...

This essay responds to four critical essays by Rosemary Kellison, Ebrahim Moosa, Joseph Winters, and Martin Kavka on the author’s recent book, Healthy Conflict in Contemporary American Society: From Enemy to Adversary (Cambridge, 2018). Parts I and II work in tandem to further develop my accounts of strategic empathy and agonistic political friendship. I defend against criticisms that my argument for moral imagination obligates oppressed people to empathize with their oppressors. I argue, further, that healthy conflict can be (...) motivated by a kind of “secular” love. This enables my position to immanently criticize and mediate the claims that one must either love (agapically) one’s opponent in order to engage them in “healthy conflict,” on one hand, or that one must vanquish, exclude, or “cancel” one’s opponent, on the other. In Part III, I demonstrate how my account mediates the challenge of an alleged standing opposition between moral imagination and socio-theoretical critique. I defend a methodologically pragmatist account of immanent prophetic criticism, resistance, and conflict transformation. Finally, I respond to one critic’s vindication of a strong enemy/adversary opposition that takes up the case of white supremacist violence in the U.S. I argue that the time horizon for healthy conflict must be simultaneously immediate and also long-term, provided that such engagements remain socio-critically self-reflexive and seek to cultivate transformational responses. (shrink)

We investigated the influence of humiliation on inter-group conflict in three studies of Palestinians living in the West Bank and Gaza. We demonstrate that experienced humiliation produces an inertia effect; a tendency towards inaction that suppresses rebellious or violent action but which paradoxically also suppresses support for acts of inter-group compromise. In Study 1, Palestinians who felt more humiliated by the Israeli occupation were less likely to support suicide attacks against Israelis. In Study 2, priming Palestinians with a humiliating (...) experience caused fewer expressions of joy when subsequently hearing about suicide attacks. In Study 3, Palestinians who felt more humiliated by peace deals were less likely to support those deals, while Israeli symbolic compromises that decreased feelings of humiliation increased support for the same deals. While the experience of humiliation does not seem to contribute to political violence, it does seem to suppress support for conflict resolution. (shrink)

US citizens perceive their society to be one of the most diverse and religiously tolerant in the world today. Yet seemingly intractable religious intolerance and moral conflict abound throughout contemporary US public life - from abortion law battles, same-sex marriage, post-9/11 Islamophobia, public school curriculum controversies, to moral and religious dimensions of the Black Lives Matter and Occupy Wall Street movements, and Tea Party populism. Healthy Conflict in Contemporary American Society develops an approach to democratic discourse and (...) coalition-building across deep moral and religious divisions. Drawing on conflict transformation in peace studies, recent American pragmatist thought, and models of agonistic democracy, Jason Springs argues that, in circumstances riven with conflict between strong religious identities and deep moral and political commitments, productive engagement may depend on thinking creatively about how to constructively utilize conflict and intolerance. The result is an approach oriented by the recognition of conflict as a constituent and life-giving feature of social and political relationships. (shrink)

Hope is a positive emotion that plays a pivotal role in intractable conflicts and conflict resolution processes by inducing conciliatory attitudes for peace. As a catalyser for conflict resolution, it is important to further understand hope in such contexts. In this article we present a novel framework for understanding hope in contexts of intergroup conflict. Utilizing appraisal theory of emotions and heavily relying on the implicit theories framework, we describe three targets upon which hope appraisals focus (...) in intractable conflict—the conflict, the outgroup, and the ingroup. Next, we describe the importance of developing ways to experimentally induce hope, and utilize the appraisal-target framework to describe and classify existing and potential interventions for inducing hope in intractable conflict resolution. (shrink)

In a world plagued by disagreement and conflict one might expect that the exact sciences of logic and mathematics would provide a safe harbor. In fact these disciplines are rife with internal divisions between different, often incompatible, systems. Do these disagreements admit of resolution? Can such resolution be achieved without disturbing assumptions that the theorems of logic and mathematics state objective truths about the real world? In this original and historically rich book John Woods explores apparently intractable disagreements (...) in logic and the foundations of mathematics and sets out conflict resolution strategies that evade or disarm these stalemates. An important sub-theme of the book is the extent to which pluralism in logic and the philosophy of mathematics undermines realist assumptions. This book makes an important contribution to such areas of philosophy as logic, philosophy of language and argumentation theory. It will also be of interest to mathematicians and computer scientists. (shrink)

For a little more than a decade, professional organizations and healthcare institutions have attempted to develop guidelines and policies to deal with seemingly intractable conflicts that arise between clinicians and patients (or their proxies) over appropriate use of aggressive life-sustaining therapies in the face of low expectations of medical benefit. This article suggests that, although such efforts at conflict resolution are commendable on many levels, inadequate attention has been given to their potential negative effects upon particular groups of (...) patients/proxies. Based on the well-documented tendency among many African Americans to prefer more aggressive end-of-life medical interventions, it is proposed that the use of institutional policy to break decision making impasse in cases for which aggressive treatment is deemed "medically inappropriate" will fall disproportionately on that group. Finally, it is suggested that the development and application of institutional conflict-resolution policies should be evaluated in the context of historical and current experiences of marginalization and disempowerment, lest such policies exacerbate that experience. (shrink)

In 2009 the Roundtable on Sustainable Palm Oil established a conflict resolution mechanism to help rural communities address their grievances against palm oil companies that are RSPO members. This article presents the broadest ever comprehensive assessment of the use and effectiveness of the RSPO conflict resolution mechanism, providing both overviews and in-depth analysis. Our central question is: to what extent does the RSPO conflict resolution mechanism offer an accessible, fair and effective tool for communities in Indonesia to (...) resolve conflicts with companies? Our aim is not only to provide a ‘reality check’ of this mechanism but also to contribute to the wider debate on how communities can seek access to justice when engaged in intractable conflicts with palm oil companies. For data collection, we took three steps. First, we used our own database of 150 conflicts between communities and companies in Indonesia. We identified 64 conflicts that involved RSPO member companies, of which 17 prompted communities to convey their grievances to the RSPO’s conflict resolution mechanism. Second, we used the database of the RSPO, which handled 85 complaints against companies in Indonesia in the period 2009–2020. Third, we conducted fieldwork, in total, about 6 months of fieldwork and extensive interviews on three conflicts involving RSPO companies to identify mechanisms leading to both failed and successful instances of conflict resolution. For our assessment, we used three criteria to assess the conflict resolution mechanism of the RSPO: accessibility, procedural justice, and the outcomes of the process. We conclude that—on all counts—the conflict resolution mechanism is biased in favor of companies. The result of these biases is that the actual capacity of the RSPO’s mechanism to provide a meaningful remedy for rural communities’ grievances remains very limited. This unequal access to justice sustains conflicts between companies and communities over land. (shrink)

In 2015, the major critical care societies issued guidelines outlining a procedural approach to resolving intractable conflict between healthcare professionals and surrogates over life-sustaining treatments (LST). We report our experience with a resolving conflict procedure. This was a retrospective, single-centre cohort study of ethics consultations involving intractable conflict over LST. The resolving conflict process was initiated eleven times for ten patients over 2,015 ethics consultations from 2000 to 2020. In all cases, the ethics committee (...) recommended withdrawal of the contested LST. In seven cases, the patient died or was transferred or a legal injunction was obtained before completion of the process. In the four cases in which LST was withdrawn, the time from ethics consultation to withdrawal of LST was 24.8 ± 12.2 days. Healthcare provider and surrogate were often distressed during the process, sometimes resulting in escalation of conflict and legal action. In some cases, however, surrogates appeared relieved that they did not have to make the final decision regarding LST. Challenges regarding implementation included the time needed for process completion and limited usefulness in emergent situations. Although it is feasible to implement a due process approach to conflict over LST, there are factors that limit the procedure’s usefulness. (shrink)

People living in areas of intractable conflicts experience extreme negative emotions which ultimately lead to support of aggressive policies. Emotion regulation and particularly cognitive reapprais...

Considering that negative intergroup emotions can hinder conflict resolution, we proposed integrative emotion regulation as possibly predicting conciliatory policies towards outgroups in violent conflict. Two studies examined Jewish Israelis’ self-reported IER, empathy, liberal attitudes, and support for humanitarian aid to Palestinians in Gaza. Study 1 found that unlike reappraisal Jewish Israelis’ ability to explore emotions promoted concern for others’ emotions, which in turn predicted support for humanitarian aid. Study 2 replicated this mediation model, additionally confirming that liberal attitudes (...) moderated the relation between IER and support for humanitarian aid. Thus, IER linked more strongly with humanitarian support when the commitment for liberal egalitarian beliefs was high. Preliminary results hold important theoretical and practical implications regarding the potential to empathise with outgroup members in intractable conflicts. (shrink)

For a little more than a decade, professional organizations and healthcare institutions have attempted to develop guidelines and policies to deal with seemingly intractable conflicts that arise between clinicians and patients over appropriate use of aggressive life-sustaining therapies in the face of low expectations of medical benefit. This article suggests that, although such efforts at conflict resolution are commendable on many levels, inadequate attention has been given to their potential negative effects upon particular groups of patients/proxies. Based on (...) the well-documented tendency among many African Americans to prefer more aggressive end-of-life medical interventions, it is proposed that the use of institutional policy to break decision making impasse in cases for which aggressive treatment is deemed “medically inappropriate” will fall disproportionately on that group. Finally, it is suggested that the development and application of institutional conflict-resolution policies should be evaluated in the context of historical and current experiences of marginalization and disempowerment, lest such policies exacerbate that experience. (shrink)

This research engages with the problem of company-community conflict in mining. The inequitable distributions of risks, impacts, and benefits are key drivers of resource conflicts and are likely to remain at the forefront of mining-related research and advocacy. Procedural and interactional forms of justice therefore lie at the very heart of some of the real and ongoing challenges in mining, including: intractable local-level conflict; emerging global norms and performance standards; and ever-increasing expectations for the industry to translate (...) high-level corporate social responsibility policy into on-the-ground practice. This research focuses on the "process" aspects of resource conflicts through an examination of existing grievance-handling procedures at six mining operations where company-community conflict was present. In their current form, and on their own, the six mechanisms were found to be insufficient in their capacity to advance justice. The authors argue that if the overall objective of global norms is that companies construct and perform grievance handling in ways that strongly preference just practices, then "mechanisms-inpractice" must be better understood and constructively critiqued along all justice dimensions. (shrink)

_ Source: _Volume 35, Issue 1, pp 95 - 118 In De veritate, sacrifice is appealed to as a universal rite and the ultimate guarantee of immutable truth, beyond reasonable deduction or natural instinct. But sacrifice also stands as the ultimate example of the abrogation and alteration of law. As an example of the abrogation of law, sacrifice signifies in both directions. The case of Abraham demonstrates God’s sovereign power of dispensatio. Divine right to radical revision is demonstrated in the (...) command to sacrifice. But more generally it is the suspension of the command to sacrifice that stands as the ultimate sign of sovereign right not just to annotate but to radically rewrite the law. In this paper I explore how sacrifice operates as a guarantee of immutability and mutability: the intractability of scripture, and its equally necessary revision and alteration. Sacrifice reaches across all time and space, and stands as a sign of the parochialisation of biblical time and space. This tension relates to the principle of accommodation which, I argue, is already in operation in the Bible. By extrapolating this fundamentally biblical operation, Grotius produces a paradox that will help to sustain the Bible in modernity. The Bible is localised and parochialised but also persists as a ‘universal’ foundation. (shrink)

This research engages with the problem of company–community conflict in mining. The inequitable distributions of risks, impacts, and benefits are key drivers of resource conflicts and are likely to remain at the forefront of mining-related research and advocacy. Procedural and interactional forms of justice therefore lie at the very heart of some of the real and ongoing challenges in mining, including: intractable local-level conflict; emerging global norms and performance standards; and ever-increasing expectations for the industry to translate (...) high-level corporate social responsibility policy into on-the-ground practice. This research focuses on the “process” aspects of resource conflicts through an examination of existing grievance-handling procedures at six mining operations where company–community conflict was present. In their current form, and on their own, the six mechanisms were found to be insufficient in their capacity to advance justice. The authors argue that if the overall objective of global norms is that companies construct and perform grievance handling in ways that strongly preference just practices, then “mechanisms-in-practice” must be better understood and constructively critiqued along all justice dimensions. (shrink)

The judgment competent reasoners exhibit in deciding when reasoning should not be used to resolve disagreements is eroded by adopting the popular strategy of ascending to higher levels of generality. That strategy encourages disputants to believeoften incorrectly-that they stand on some common ground that can be exploited to reach agreement. But if we regularly assume that we share values and interests with our opponents in seemingly intractable disputes, we risk losing the ability to judge whether or not we share (...) enough. And when we lose track of the difference between promising and unpromising conditions for reasoning, we end up trying to reason at the wrong times. Such reasoning can in turn seriously damage our reasoning skills themselves. (shrink)

While not an explicit claim of Hegel’s, this paper aims to use his analysis of ‘Conscience’ in the Phenomenology of Spirit to demonstrate that the conflict betweendifferent moral judgments is morally necessary. That is, rather than being the unfortunate result of ‘hard’ cases, I argue that moral conflict is a necessary condition for the possibility of duty. Grasping the moral ground of moral conflict, I contend, allows us to understand why such conflicts arise, how and why they (...) become entrenched into ‘moral issues’ and what our duties are in such cases. Thus, I aim to articulate both the moral necessity and dutiful resolution of seemingly intractable moral conflicts. (shrink)

The religious crisis in Nigeria dates back to the colonial era. The amalgamation of two distinct nationalities for the purpose of administrative convenience by the colonial government, irrespective of their cultural and educational differences, not only created a hitch in assimilation but also mistrust and bitter rivalry that has accentuated to conflict. In the same vein, most of the communal crises taking place today could be traced to colonial making as they created artificial boundaries that did not take cognisance (...) of kith and kin, consanguinity and linguistic identity. It rather brazenly demarcated people to suit their exploitative governance. The above built-up grievances and tensions spark off a crisis at the slightest provocation or misunderstanding. The objectives of the study are as follows: to identify the factors responsible for the crises, to trace and analyse the antecedents of the crises, and finally to proffer solutions to this seemingly intractable national problem. The methodology adopted for the study is the qualitative phenomenological approach, whereby data were collected from secondary sources and treated analytically. The work found that religion and inter-communal conflict have hindered sustainable development, taking a large toll of lives and property amongst others. (shrink)

Contexts of violent, intractable conflict such as those present in Israel, Nigeria, or Iraq represent times of severe crisis. Reducing the high indices of violence is very urgent, but the attempts of establishing peaceful arrangements in the short- or medium-term usually fail. Peace education, by contrast, is a long-term endeavor to resolve violent, intractable conflicts that aims at affecting moral stances that the conflicting parties take vis-à-vis each other. Unfortunately, however, peace education in times of severe crisis (...) also faces many impediments. These impediments concern the agential, cultural, financial, and legal aspects of educative institutions within context of violent and intractable conflicts. Although these impediments strongly put into question the practice of peace education, this article shows that four reasons nevertheless strongly support this practice. These reasons refer to humanity’s natural goodness, the symbolic importance of peace education, the peace-promoting experiences facilitated through peace education, and peace education’s contribution to overcoming prejudices. (shrink)

The existence of deep moral disagreement is used in support of views ranging from moral relativism to the impossibility of moral expertise. This is done despite the fact that it is not at all clear whether deep moral disagreements actually occur, as the usually given examples are never of real life situations, but of some generalized debates on controversial issues. The paper will try to remedy this, as any strength of arguments appealing to deep moral disagreement is partly depended on (...) the fact the disagreement exists. This will be done by showing that some real life conflicts that are intractable, i.e. notoriously difficult to resolve, share some important features with deep moral disagreement. The article also deals with the objection that the mere conceptual possibility renders illustrations of actually happening deep moral disagreements unnecessary. The problem with such objection is that it depends on theoretical assumptions (i.e. denial of moral realism) that are not uncontroversial. Instead, the article claims we need not only suppose deep moral disagreements exist because they actually occur when some intractable conflicts occur. Thus, in so far as to the deep moral disagreement’s existence, the arguments appealing to it are safe. But as intractable conflicts can be resolved, by seeing deep moral disagreements as constitutive part of them, we might have to consider whether deep moral disagreements are resolvable too. A brief suggestion of how that might look like is given in the end of the paper. (shrink)

This paper poses an original puzzle about the relationship between causation and moral responsibility called The Moral Difference Puzzle. Using the puzzle, the paper argues for three related ideas: (1) the existence of a new sort of moral luck; (2) an intractable conflict between the causal concepts used in moral assessment; and (3) inability of leading theories of causation to capture the sorts of causal differences that matter for moral evaluation of agents’ causal contributions to outcomes.

Hamas’s deliberate attack on October 7th against innocent civilians is absolutely wrong. Therefore, it should be universally condemned. And yet, I wonder how a universal recognition of an absolute duty of respect for human dignity can help solving the existential conflict confronting Israelis and Palestinians. Ideally, a two-state solution proposed by the international community can be seen as a reasonable and fair compromise. Nevertheless, the reality on the ground is different. Thus far the existence of one state has precluded (...) the existence of another with no end in sight to their mutually destructive violence. Their conflict demands that people who are reasonable and fair-minded try to understand it holistically and to offer an impartial assessment of this intractable conflict without relativizing the undeserved human suffering of all those involved and affected by it. (shrink)

This article calls for a paradigm shift in the language, theory and practice of human rights: it calls for human rights to be reconceptualized as sentient rights. It argues that human rights are not qualitatively distinct from the basic entitlements of other sentient creatures, and that attempts to differentiate human rights by appealing to something distinctive about humanity, their unique political function or their universality ultimately fail. Finally, the article claims that moving to sentient rights will not lead to (...) class='Hi'>intractable conflicts between rights, but to a more inclusive, fair and rationally defensible normative enterprise. (shrink)

Contending discourses underlie many of the worlds most intractable conflicts, producing misery and violence. This is especially true in the post-9/11 world. However, contending discourses can also open the way to greater dialogue in global civil society and across states and international organizations. This possibility holds even for the most murderous sorts of conflicts in deeply divided societies. In this timely and original book, John Dryzek examines major contemporary conflicts in terms of clashing discourses. Topics covered include the alleged (...) clash of civilizations; societies divided by ethnicity, nationality, or religion; economic globalization versus resistance; plus an in-depth discussion of the 'war on terror'. Dryzek concludes by highlighting the limitations of current neoconservative and cosmopolitan approaches, arguing that only deliberative global politics offers unprecedented new possibilities for democratic engagement in the international system. This book will be of interest to students and scholars of international relations, politics, philosophy, and sociology. (shrink)

Hedge funds are targets of mounting ethical criticism. The most salient focuses on their opacity. Hedge funds are structured to block transparency for strategic reasons: that is, they systematically deny information to their own investors and to governments in order to protect their competitive advantage, even though the information they hide holds tremendous significance for the interests of both groups. In this article I will detail the ethical allegations made against hedge funds, showing why their opacity creates intractable conflicts (...) that cannot be resolved through government regulation. Sometimes opacity be regulated away; but with hedge funds I show why it cannot because of “regulatory recalcitrance.” In the end a form of voluntary moral coordination, a form of “microsocial contract” instituted as an industry standard, is required relief. In a word, the solution to hedge fund opacity is ethical. (shrink)

NOT all groups that the United States government classifies as terrorist organizations are equally bad or dangerous, and not all information conveyed to them that is based on political, academic or scientific expertise risks harming our national security. Unfortunately, the Supreme Court, which last week upheld a law banning the provision of “material support” to foreign terrorist groups, doesn't seem to consider those facts relevant.... The two of us are social scientists who study and interact with violent groups in order (...) to find ways out of intractable conflicts. In the course of this work and in our discussions with decision makers in the Middle East and elsewhere we have seen how informal meetings and exchanges of knowledge have borne fruit. It's not that religious, academic or scientific credentials automatically convey trust, but when combined with a personal commitment to peace, they often carry weight beyond mere opinion or desire.... In our own work on groups categorized as terrorist organizations, we have detected significant differences in their attitudes and actions. For example, in our recent interactions with the leader of the Palestinian militant group Islamic Jihad Ramadan Shallah, we were faced with an adamant refusal to ever recognize Israel or move toward a two-state solution. Yet when we talked to Khaled Meshal, the leader of Hamas, he said that his movement could imagine a two-state “peace”. In our time with Mr. Meshal's group, we were also able to confirm something that Saudi and Israeli intelligence officers had told us: Hamas has fought to keep Al Qaeda out of its field of influence, and has no demonstrated interest in global jihad. Whether or not the differences among Al Qaeda, Islamic Jihad, Hamas and other violent groups are fundamental, rather than temporary or tactical, is something only further exploration will reveal. But to assume that it is invariably wrong to engage any of these groups is a grave mistake.... (shrink)

In this book John Gray argues that we live in a time of endings for the ideologies that governed the modern period. The Enlightenment projects of universal emancipation animates all the political doctrines and movements that are central in contemporary western societies. Yet it does not reflect the reality of the plural world in which we live. The western cultural hegemony which the Enlightenment embodied is coming to a close. Western liberal societies are not precursors of a universal civilization, but (...) only one form of life among many in the late modern world. Our inherited stock of political ideas no longer tracks that world. The crisis of New Right thought is as profound as that of the Left. Green theorists and communitarian thinkers have not understood the deep diversity and intractable conflicts of contemporary societies. And postmodernists, whose thought is ruled by the dated utopias of the modern period, do not engage with the real conditions of the world's emerging postmodern societies. Late modern thought occurs in an interregnum between modern projects that are no longer credible and postmodern realities that many find intolerable. John Gray suggests that some Enlightenment hopes of progress must be extinguished if we are to learn to respect cultural diversity and accept ecological limits. Respect for the Earth and for other species and cultures means abandoning the utopian and arcadian projects that haunt modern thought. We should aim to moderate the impact of human activity on the Earth while alleviating the unavoidable evils of human life. Yet the hubris which treats the Earth as an instrument of human purposes, and which regards other cultures as approximations to a universal civilization, embodies ancient and powerful traditions. John Gray's aim is to question these traditions and thereby to prepare our thinking for a time of beginnings. (shrink)

This coherent collection of original papers marks the 150 year anniversary since the publication of Charles Darwin's Origin of Species (1859). Although the area of evolution-related publications is vast, the area of interaction between Darwinian ideas and specifically Catholic doctrine has received limited attention. This interaction is quite distinct from the one between Darwinism and the Christian tradition in general. Interest in Darwin from the Catholic viewpoint has recently been rekindled. Endorsement: “As this volume shows, any notion of intractable (...) conflict between faith and reason is an extremist fantasy. The true depth of religious thought on Darwin's great idea not only shows respect for science, but a deep appreciation for the esthetic beauty of evolutionary thought. These challenging and enlightening essays demonstrate not only the power of scientific reasoning, but a continuing Catholic commitment to the ultimate unity of knowledge.” — Kenneth R. Miller, Department of Molecular Biology, Cell Biology, and Biochemistry, Brown University, Providence, RI, USA. (shrink)

Hedge funds are targets of mounting ethical criticism. The most salient focuses on their opacity. Hedge funds are structured to block transparency for strategic reasons: that is, they systematically deny information to their own investors and to governments in order to protect their competitive advantage, even though the information they hide holds tremendous significance for the interests of both groups. In this article I will detail the ethical allegations made against hedge funds, showing why their opacity creates intractable conflicts (...) that cannot be resolved through government regulation. Sometimes opacity be regulated away; but with hedge funds I show why it cannot because of “regulatory recalcitrance.” In the end a form of voluntary moral coordination, a form of “microsocial contract” instituted as an industry standard, is required relief. In a word, the solution to hedge fund opacity is ethical. (shrink)

The “futility debate” turns on intractable conflicts of deeply held beliefs about the value of life. It raises practical moral dilemmas of how best to permit parties to honor their own values without coercing unwilling others.

Law’s processes are likely always to be needed when particularly intractable conflicts arise in relation to the care of a critically ill child like Charlie Gard. Recourse to law has its merits, but it also imposes costs, and the courts’ decisions about the best interests of such children appear to suffer from uncertainty, unpredictability and insufficiency. The insufficiency arises from the courts’ apparent reluctance to enter into the ethical dimensions of such cases. Presuming that such reflection is warranted, this (...) article explores alternatives to the courts, and in particular the merits of specialist ethics support services, which appear to be on the rise in the UK. Such specialist services show promise, as they are less formal and adversarial than the courts and they appear capable of offering expert ethical advice. However, further research is needed into such services – and into generalist ethics support services – in order to gauge whether this is indeed a promising development. (shrink)

No philosopher in the second half of the twentieth century or the opening decade of the twenty-first did more to recover the voice of philosophy in the conversation of humankind than John Edwin Smith (1921-2009). From The Social Infinite (1950), his landmark study of Josiah Royce, to "Niebuhr's Prophetic Voice" (2009), he has shown in compelling detail how philosophical reflection is relevant to contemporary life. Indeed, virtually all of the eventual developments within contemporary philosophy in recent decades worthy of our (...) unqualified support (above all, the acknowledgment of history, the abiding importance of the religious dimension of human experience, the hermeneutic character of all our intellectual understandings, including those of experimental inquirers, the irreducibility of persons, the ubiquity of symbols, and the cutting edge of philosophical critique) were ones to which Smith was committed at the outset of his career. He not only anticipated these developments but also pointed the way forward beyond the stultifying impasses of so much contemporary thought. In particular, his conceptions of subjectivity, symbolization, interpretation, experience and philosophy itself provide invaluable resources for twisting free from our present impasses. The essays in this volume make the salience and implications of Smith's writings on these and other topics manifest. The authors assembled here bear eloquent witness to the wit of the man no less than the depth of the philosopher from whom they learned how to take up the urgent task of philosophical reflection in a world riven by seemingly intractable conflicts and characterized by mutual misunderstanding. John E. Smith was a widely learned man; he was also a deeply wise one. Hence, it should be no surprise that he aids us in creating ways to address such conflicts and to counter such misunderstanding. (shrink)

No philosopher in the second half of the twentieth century or the opening decade of the twenty-first did more to recover the voice of philosophy in the conversation of humankind than John Edwin Smith. From The Social Infinite, his landmark study of Josiah Royce, to "Niebuhr's Prophetic Voice", he has shown in compelling detail how philosophical reflection is relevant to contemporary life. Indeed, virtually all of the eventual developments within contemporary philosophy in recent decades worthy of our unqualified support were (...) ones to which Smith was committed at the outset of his career. He not only anticipated these developments but also pointed the way forward beyond the stultifying impasses of so much contemporary thought. In particular, his conceptions of subjectivity, symbolization, interpretation, experience and philosophy itself provide invaluable resources for twisting free from our present impasses. The essays in this volume make the salience and implications of Smith's writings on these and other topics manifest. The authors assembled here bear eloquent witness to the wit of the man no less than the depth of the philosopher from whom they learned how to take up the urgent task of philosophical reflection in a world riven by seemingly intractable conflicts and characterized by mutual misunderstanding. John E. Smith was a widely learned man; he was also a deeply wise one. Hence, it should be no surprise that he aids us in creating ways to address such conflicts and to counter such misunderstanding. (shrink)

In June 2015, the major North American and European critical care societies released new joint guidelines that delineate a process-based approach to resolving intractable conflicts over the appropriateness of providing or continuing LST.2 This article frames the new guidelines within the history, ethical arguments, legal landscape, and empirical evidence regarding limitation of LST without surrogate consent in cases of intractable conflict.

Critical care society guidelines recommend that ethics committees mediate intractable conflict over potentially inappropriate treatment, including Do Not Resuscitate status. There are, however, limited data on cases and circumstances in which ethics consultants recommend not offering cardiopulmonary resuscitation despite patient or surrogate requests and whether physicians follow these recommendations. This was a retrospective cohort of all adult patients at a large academic medical center for whom an ethics consult was requested for disagreement over DNR status. Patient demographic predictors (...) of ethics consult outcomes were analyzed. In 42 of the 116 cases, the patient or surrogate agreed to the clinician recommended DNR order following ethics consultation. In 72 of 74 of the remaining cases, ethics consultants recommended not offering CPR. Physicians went on to write a DNR order without patient/surrogate consent in 57 of those cases. There were no significant differences in age, race/ethnicity, country of origin, or functional status between patients where a DNR order was and was not placed without consent. Physicians were more likely to place a DNR order for patients believed to be imminently dying. The median time from DNR order to death was 4 days with a 90-day mortality of 88.2%. In this single-center cohort study, there was no evidence that patient demographic factors affected ethics consultants’ recommendation to withhold CPR despite patient/surrogate requests. Physicians were most likely to place a DNR order without consent for imminently dying patients. (shrink)

Terence Mclaughlin’s essay addresses the conceptual and practical complexities involved in identifying and evaluating the nature, status, and institutional context of common education in pluralist societies. He explores some of the neglected burdens and dilemmas faced by common schools in pluralist, multicultural, and liberal–democratic societies. The potential weight and complexity of these burdens and dilemmas is reflected in Stephen Macedo’s observation that common schools give rise to questions relating to some of the ‘deepest divisions’ and ‘most intractable conflicts’ characterizing (...) the public lives of modern states. The chapter has five sections: Section 5.1 outlines some general considerations relating to common schooling and a conception of common education, pointing out that the relationship between the two is a contingent one – the adequacy of a particular institutional arrangement, such as the common school, depends critically on the extent to which it embodies an adequate conception of common education; Section 5.2 offers a sketch of some general features of such conceptions; in Sections 5.3 and 5.4, respectively, some of the burdens and dilemmas of common schooling are explored; Section 5.5 addresses neglected questions relating to the pre-eminently practical burdens and dilemmas highlighted in the previous two sections. McLaughlin’s chapter is especially helpful in identifying a number of the most important considerations in the presumption in favour of common schools as the most suitable arrangement for advancing common education, and his essay maps the conceptual, curricular, pedagogical, and policy issues that must be addressed in clarifying and defending the role of common schools and common education in liberal–democratic societies. (shrink)

Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately (...) describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike.Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation. (shrink)

This work sets out to present how the notion of delusion may be understood (and extended) within the semantic framework of Robert Brandom's inferentialism. The mechanisms of reliability and community‐oriented proprieties, among others, provide inferentialists with effective tools for understanding commitments (and so beliefs) in communities. These tools may be used to describe and assess both commitments that we might consider sound and commitments that we might consider delusional, both in terms of how they arise and in terms of how (...) they may be reinforced. Delusions are accordingly rendered in perspectival and normative terms, which is elaborated through a number of examples. The picture of how a delusional commitment may be understood, how it may be reinforced, and its character as community internal or external provide some interesting perspectives on delusions in shared social contexts, as well as how they may originate intractable conflicts and disconnects between sub‐groups within a broader linguistic community. (shrink)

In 1997, Rusmir Mahmutćehajić, one of Bosnia’s leading public intellectuals, was scheduled to lecture on Bosnia at Stanford University but was unexpectedly denied an entry visa by American authorities. This book, first published in Bosnia in 1998, is an expanded version of that lecture. It is an indictment of the partition of Bosnia, formalized in 1995 by the Dayton Accord. It is also a plea for Bosnia’s communities to reject ethnic segregation and restore mutual trust. For the first time, English-speaking (...) readers can hear this important voice of dissent from within Bosnia-Herzegovina. Mahmutćehajić argues for the history and reality of a Bosnia-Herzegovina based upon a model of “unity in diversity.” He shows that ethnic and religious cultures have coexisted in Bosnia for centuries. Partitioning of Bosnia, therefore, should have been unthinkable except that a multi-ethnic, multi-faith Bosnia stood squarely in the way of Croatian and Serbian leaders determined to enact their own nationalist programs. The decisive moment came when the international community accepted the Serb-Croat argument that ancient ethnic hatreds were endemic to Bosnia. At that point, ethnic segregation became not only acceptable but desirable. With the complicity of Western powers, Serbs and Croats proceeded to carve out ethnically cleansed states. Mahmutćehajić examines the reasons why Western liberal democracies have regarded with sympathy the struggles of Serbia and Croatia for national recognition, while viewing Bosnia’s multicultural society with suspicion. As one of Bosnia's former political leaders in the early peace talks, he describes with authority how the parties were often physically aligned during formal talks, with Bosniak negotiators on one side of the table and everybody else—Serb, Croat, and international representatives—on the other. In the end, justice was subverted and the final solution justified on the basis of an intractable “conflict of civilizations." Mahmutćehajić confronts the religious dimension of the Bosnian dilemma with refreshing honesty. As a Bosniak committed to interreligious dialogue, he calls for more than simple toleration among Serbs, Croats, and Bosnians. He remembers that Judaism, Christianity, and Islam all share the same deity, and it is this common transcendent perspective that should open the door to the acceptance and celebration of religious diversity. Only in this way will Bosnia reclaim its unique civilization. _The Denial of Bosnia_ has dire implications for the future of a Europe searching for a viable post–Cold War order. Will Europe accept ethnic segregation as a solution to the contradictions of ethnic diversity or find a way to protect and build upon this diversity? Bosnia, though currently divided and shaken to its foundations, could become a model for European progress. The greatest danger is for Bosnia to be declared just another ethnoreligious entity, in this case a “Muslim State” ghettoized inside of Europe. If protected and allowed to develop, however, Bosnia too could find a place in the new European order. (shrink)

Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately (...) describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike.Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation. (shrink)

A century after the advent of quantum mechanics and general relativity, both theories enjoy incredible empirical success, constituting the cornerstones of modern physics. Yet, paradoxically, they suffer from deep-rooted, so-far intractable, conflicts. Motivations for violations of the notion of relativistic locality include the Bell’s inequalities for hidden variable theories, the cosmological horizon problem, and Lorentz-violating approaches to quantum geometrodynamics, such as Horava–Lifshitz gravity. Here, we explore a recent proposal for a “real ensemble” non-local description of quantum mechanics, in which (...) “particles” can copy each others’ observable values AND phases, independent of their spatial separation. We first specify the exact theory, ensuring that it is consistent and has quantum mechanics as a fixed point, where all particles with the same values for a given observable have the same phases. We then study the stability of this fixed point numerically, and analytically, for simple models. We provide evidence that most systems are locally stable to small deviations from quantum mechanics, and furthermore, the phase variance per value of the observable, as well as systematic deviations from quantum mechanics, decay as \ time)\, where \. Interestingly, this convergence is controlled by the absolute value of energy, suggesting a possible connection to gravitational physics. Finally, we discuss different issues related to this theory, as well as potential novel applications for the spectrum of primordial cosmological perturbations and the cosmological constant problem. (shrink)

This article explores how scholarship can be put to work by specialists penning evidence-based policies seeking peaceful resolutions to long-standing, complex, and so-far intractable conflict in the Malay-Muslim dominated provinces of South Thailand. I contend that more is required than mere empirical data, and that the existing analysis of this conflict often lacks theoretical ballast and overlooks the wider historical context in which Bangkok pursued policies impacting its ethnolinguistically, and ethnoreligiously diverse citizens. I demonstrate the utility of (...) both interacting with what social theorists have written about what “religion” and language do—and do not—have in common, and the relative importance of both in sub-national conflicts, and comparative historical analysis. The case studies that this article critically introduces compare chapters of ethnolinguistic and ethnoreligious chauvinism against a range of minorities, including Malay-Muslim citizens concentrated in the southern provinces of Pattani, Yala, and Narathiwat. These include Buddhist ethnolinguistic minorities in Thailand’s Northeast, and Catholic communities during the second world war widely referred to as the high tide of Thai ethno-nationalism. I argue that these revealing aspects of the southern Malay experience need to be contextualized—even de-exceptionalized. (shrink)