The problem of theorizing privacy moves on two levels, the first consisting of an inadequate conceptual vocabulary and the second consisting of an inadequate institutional grammar. Privacy rights are supposed to protect individual subjects, and so conventional ways of understanding privacy are subject-centered, but subject-centered approaches to theorizing privacy also wrestle with deeply embedded contradictions. And privacy’s most enduring institutional failure modes flow from its insistence on placing the individual and individualized control at the center. Strategies for rescuing privacy from (...) irrelevance involve inverting both established ways of talking about privacy rights and established conventions for designing institutions to protect them. In terms of theory, turning privacy inside out entails focusing on the conditions that are needed to produce sufficiently private and privacy-valuing subjects. Institutionally, turning privacy inside out entails focusing on the design, production, and operational practices most likely to instantiate and preserve those conditions. (shrink)

Within the political economy of informational capitalism, commercial surveillance practices are tools for resource extraction. That process requires an enabling legal construct, which this essay identifies and explores. Contemporary practices of personal information processing constitute a new type of public domain—a repository of raw materials that are there for the taking and that are framed as inputs to particular types of productive activity. As a legal construct, the biopolitical public domain shapes practices of appropriation and use of personal information in (...) two complementary and interrelated ways. First, it constitutes personal information as available and potentially valuable: as a pool of materials that may be freely appropriated as inputs to economic production. That framing supports the reorganization of sociotechnical activity in ways directed toward extraction and appropriation. Second, the biopolitical public domain constitutes the personal information harvested within networked information environments as raw. That framing creates the backdrop for culturally situated techniques of knowledge production and for the logic that designates those techniques as sites of legal privilege. (shrink)

Have employment equity programs achieved the goal of equity for women in the workplace? We argue that they have not because gender stereotypes still persist. In fact, they may have created resentment and antagonism towards successful women and employment equity initiatives. Arguments are developed for the Canadian government to create a self-regulating system, in which the government plays a role of educator as opposed to monitor.

Secularism is usually thought to contain the project of self-deification, in which humans attack God’s authority in order to take his place, freed from all constraints. Julie E. Cooper overturns this conception through an incisive analysis of the early modern justifications for secular politics. While she agrees that secularism is a means of empowerment, she argues that we have misunderstood the sources of secular empowerment and the kinds of strength to which it aspires. Contemporary understandings of secularism, Cooper contends, (...) have been shaped by a limited understanding of it as a shift from vulnerability to power. But the works of the foundational thinkers of secularism tell a different story. Analyzing the writings of Hobbes, Spinoza, and Rousseau at the moment of secularity’s inception, she shows that all three understood that acknowledging one’s limitations was a condition of successful self-rule. And while all three invited humans to collectively build and sustain a political world, their invitations did not amount to self-deification. Cooper establishes that secular politics as originally conceived does not require a choice between power and vulnerability. Rather, it challenges us—today as then—to reconcile them both as essential components of our humanity. (shrink)

This Article examines the regulatory state through the lens of evolving political economy, arguing that a significant reconstruction is now underway. The ongoing shift from an industrial mode of development to an informational one has created existential challenges for regulatory models and constructs developed in the context of the industrial economy. Contemporary contests over the substance of regulatory mandates and the shape of regulatory institutions are most usefully understood as moves within a larger struggle to chart a new direction for (...) the regulatory state in the era of informational capitalism. A regulatory state optimized for the information economy must develop rubrics for responding to three problems that have confounded existing regulatory regimes: platform power — the power to link facially separate markets and/or to constrain participation in markets by using technical protocols; infoglut — unmanageably voluminous, mediated information flows that create information overload; and systemic threat — nascent, probabilistically-defined harm to be realized at some point in the future. Additionally, it must develop institutions capable of exercising effective oversight of informationera activities. The information-era regulatory models that have begun to emerge are procedurally informal, mediated by networks of professional and technical expertise that define relevant standards, and financialized. Such models, however, also have tended to be both opaque to external observation and highly prone to capture. New institutional forms that might ensure their legal and political accountability have been slow to develop. (shrink)

Introduction -- Entering the gallery : Hegel's overall project and the project of the logic -- The skepticism of Hume and Kant -- Reason overgrasps reality -- Essential, necessary universals -- Reason drives itself : semantics and syntax -- Hegel's argument -- Hegel's overall project -- The conceptual and semantic project of the logic -- The syntactic project of the logic -- Introduction -- The doctrine of quality -- The doctrine of quantity -- The doctrine of measure -- Wrap up (...) being : comments on syntax -- Introduction -- Essence as the ground of existence -- The doctrine of appearance -- The doctrine of actuality -- Wrap up essence : comments on syntax -- Introduction -- The doctrine of the object -- The doctrine of the idea -- Wrap up concept : comments on syntax -- Epilogue: Hegel's materialism, optimism, and faith. (shrink)

In Morality and Global Justice, Michael Boylan presents us with a set of solutions to some of the world’s most pressing moral issues. Boylan claims that his solutions are not utopian; instead, they are practical, workable policy recommendations that governments and other organizations should adopt. For the most part, Boylan is correct; there are no obviously insurmountable obstacles to implementing many of his recommendations. But, as he himself admits, his position on immigrants and refugees borders on the utopian (Boylan 2011, (...) 204). In what follows, I will discuss two concerns that I have about his position. The first concern (1) is consequentialist: I fear that implementing a policy of open borders may lead to economic, environmental, and political consequences that are on balance undesirable. The second (2) is practical: even if American citizens have moral reasons for supporting a policy of open borders, they may have reasons of self-interest for rejecting it. If this is correct, then Boylan may have a difficult time garnering the support necessary to make the policy a reality. (shrink)

Some of the literature about teaching issues of race and racism in classrooms has addressed matters of audience. Zeus Leonardo, for example, has argued that teachers should use the language of white domination, rather than white privilege, when teaching about race and racism because the former language presupposes a minority audience, while the latter addresses an imaginary or presupposed white one. However, there seems to be little discussion in the literature about teaching these issues to an audience that is in (...) fact predominantly minority. Leonardo assumes that minority students need little convincing about the reality of white domination, but students of color are not a monolithic group. The paper addresses some specific challenges the author has faced teaching theories of white domination to a predominantly minority student audience in New York City. Leonardo is right that audience matters, but audience turns out to matter in ways that defy common assumptions. (shrink)

In this new theoretical approach to disability, Maybee traces societal constructions of human physicality along three dimensions: the personal body, the interpersonal body, and the institutional body. Each dimension has played a part in defining people as disabled in terms of employment, healthcare, education, and social and political roles.

In "Rethinking Rationality" I argue that a certain family of accounts of rationality that have historical roots in the history of philosophy and that have been recommended as ways of life, if actually adopted by people as ways of life, will make them psychologically unhealthy. I compare the sort of psychological illness they will have to the sort of illness experienced by alcoholic and other addictive persons. In effect, I suggest, the family of accounts of rationality I have in mind (...) recommends that people become addicted to rationality. ;The sort of picture of rationality that I have in mind is what I call an "external" account of rationality. An external account of rationality is an account that asks someone to adopt another's point of view in deciding what to do. In the history of philosophy most of the relevant external accounts have asked agents to adopt a completely impersonal perspective. Moreover, these pictures ask people who adopt them as ideal ways of life to ensure that each decision they make correspond to and be approved of by the rational picture. I argue that people who thus live their lives will become unhealthy by losing contact with their personal inner lives and identities, and thus with an important part of their humanness. ;Historical representatives of the family of accounts I criticize include Socrates, Kant, and Hegel, under particular interpretations. I also criticize Nicholas Rescher as a modern representative of that same historical tradition. ;The argument for this view, after an initial introductory chapter, is presented through close examinations of Genevieve Lloyd's The Man of Reason, pop-psychologist John Bradshaw's Bradshaw On: The Family, Soren Kierkegaard's Concluding Unscientific Postscript to the Philosophical Fragments and Friedrich Nietzsche's Twilight of the Idols. (shrink)

Maybee asserts that racial group formation and identity politics may be more complex than simply shared cultural practices or skin color. They may be based on political interests and commitment to liberation and antiracist struggles.

In civil libertarian discourse, the inverse relationship between government secrecy and privacy is well recognized and widely acknowledged - so widely, in fact, that it can come to seem as though we might regain sufficient privacy simply by cabining official secrecy. But regimes of secrecy that insulate private-sector data processing practices also contribute materially to the decline of privacy, and indeed play a vital role in facilitating government efforts to make citizens' lives transparent. In addition, there is an inverse relationship (...) between openness and privacy that we are inclined to resist discussing. When, for example, a government agency posts on its website documents containing private information about individual citizens, or when a social networking service establishes default rules for transmitting information from member pages to commercial partners, openness contributes materially to the exposure that people experience. Our public discourse about information policy reinforces the devaluation of privacy in two opposite but mutually-reinforcing ways, by valorizing political economies organized around secrecy and by elevating openness as an ultimate good. The shelter that privacy affords for self-development is essential to a healthy democracy. It is therefore important to interrogate both our regimes of secrecy and our discourses about openness. (shrink)

The Venetian state has aptly been called a work of art. So absolute and necessary appear its fictions that continuity and tradition are always in the foreground, while change recedes to the distant horizon. It is this quality of timeless truth that characterizes the “myth of Venice”: Venice remains perfect and unchanged while other governments rise and fall. It remains unchanged because of two things: the “perfect” system of government, combining the best features of monarchy, oligarchy, and democracy; and the (...) reliance on impartial justice, the key to preserving harmony between conflicting groups. (shrink)

In recent years, scholars of Jewish politics have invested political hopes in the revival of “political imagination.” If only we could recapture some of the imaginativeness that early Zionists displayed when wrestling with questions of regime design, it is argued, we might be able to advance more compelling “solutions” to the Israeli-Palestinian conflict. Yet how does one cultivate political imagination? Curiously, scholars who rehearse the catalogue of regimes that Jews have historically entertained seldom pose this question. In this Article, I (...) revisit a historical episode—the appropriation of diasporic historical narratives by Zionists in mandatory Palestine—in an effort to cultivate a richer political imaginary. I analyze the labor Zionist deployment of Simon Dubnow’s influential master narrative, focusing on a 1926 speech in which David Ben Gurion depicts the autonomist regime that he advocates as a variation upon diasporic political practices. On my reading, this episode illustrates the dilemmas that confront thinkers who invest political hopes in regime design. To realize the promise that new political configurations may emerge from reflections upon Jewish history, I argue, we must develop a new account of political agency, once foundational assumptions of the nation-state have been suspended. (shrink)

This investigation places recent research about changes in wives' and husbands' domestic labor in the context of well-known reporting differences between different kinds of housework surveys. An analysis of the “reporting gap” between direct-question reports of housework hours from the National Survey of Families and Households and time-diary reports from Americans' Use of Time, 1985, shows that both husbands and wives overreport their housework contributions. Furthermore, gender attitudes, total housework, class, education, income, family size, and employment status together significantly affect (...) the overreport, although the variables operate in different ways for wives and husbands. It is concluded that changing and uneven social perceptions of the appropriate domestic roles of women and men have resulted in reporting biases that do not necessarily correspond to actual changes in housework behavior. These findings cast doubt on claims that contemporary husbands are doing more housework than their predecessors. (shrink)

In this article, the authors operationalize the intersection of gender and race in survey research. Using quantitative data from the Multi-City Study of Urban Inequality, they investigate how gender/racial stereotypes about African Americans affect Whites’ attitudes about two types of affirmative action programs: job training and education and hiring and promotion. The authors find that gender/racial prejudice towards Black women and Black men influences Whites’ opposition to affirmative action at different levels than negative attitudes towards Blacks as a group. Prejudice (...) toward Black women has a larger effect on Whites’ policy preferences than does prejudice toward Black men or Blacks in general. In future research, survey methodologists should develop better intersectional measures to further document these gender/racial attitudes. (shrink)

This research replicates Weber's 1995 study of a large financial services firm that found that ethical subclimates exist within multi-departmental organizations, are influenced by the function of the department and the stakeholders served, and are relatively stable over time. Relying upon theoretical models developed by Thompson (1967) and Victor and Cullen (1998), hypotheses are developed that predict the ethical subclimate decision-making dimensions and type for diverse departments within a large steel manufacturing firm and that these ethical subclimate types will be (...) stable across the two periods of time when the data were collected. Employees were surveyed in 1995 and again in 1999 using Victor and Cullen's Ethical Climate Questionnaire. Response rates of 88 and 94 percent were achieved. Contrary to Weber's findings, our results imply that, in both samples, ethical subclimates may be determined by the strength of an organization's overall ethical climate, rather than the department's function. However, we did find support for Weber's earlier contention that these subclimates are relatively stable. Our results also suggest that differences may exist across industries, that is when comparing a large steel manufacturer, as we did in our study, with a large financial services organization, as Weber did in his 1995 study. (shrink)

There is limited research into the situations of people living with precarious status in Canada, which includes people whose legal status is in-process, undocumented, or unauthorized, many of whom entered the country with a temporary resident visa, through family sponsorship arrangements, or as refugee claimants. In 2005, a community-university alliance sought to carry out a research study of the lived experiences of people living with precarious status. In this paper, we describe our negotiation of the ethics review process at a (...) Canadian university and the ethical, legal, and methodological issues that emerged. Although being able to guarantee our participants complete confidentiality was essential to the viability of the project due to their vulnerability to detention or deportation, we discovered that the Canadian legal framework limited us to being able to offer them confidentiality “to the fullest extent possible by law.” One way to overcome this conflict would have been through the construction of a Wigmore defence, in which we would document that the research would not be possible without assurance of our participants’ confidentiality. Such a defence would be tested in court if our research records were subpoenaed by immigration enforcement authorities. Rather than take the risk that this defence would not be successful and would result in our participants being deported, we altered the research methods from using multiple interviews to establish trust (which would have required that we store participants’ contact information) to meeting participants only once to discuss their experiences of living with precarious legal status in Canada. Our encounter with the ‘myth of confidentiality’ raised questions about the policing of knowledge production. (shrink)

A general practice research project on ethics is underway at the University of New South Wales, funded by GPEP (General Practice Evaluation Program, Commonwealth Department of Human Services and Health, GPEP 386). Ethical issues, as defined and explored by general practitioners and consumers, are being examined across four areas of Sydney.So far, telephone interviews have been conducted (64% response rate) with a random sample of general practitioners (GPs). Face-to-face interviews have been conducted with 107 consumers, randomly sampled using ABS collection (...) district information. Focus groups have been formed to discuss acceptable solutions to GP and consumer identified ethical issues. This report will report on some preliminary findings to date and will explore professional and consumer roles in the formation of ethical solutions. (shrink)

A general practice research project on ethics is underway at the University of New South Wales, funded by GPEP. Ethical issues, as defined and explored by general practitioners and consumers, are being examined across four areas of Sydney.So far, telephone interviews have been conducted with a random sample of general practitioners. Face-to-face interviews have been conducted with 107 consumers, randomly sampled using ABS collection district information. Focus groups have been formed to discuss acceptable solutions to GP and consumer identified ethical (...) issues. This report will report on some preliminary findings to date and will explore professional and consumer roles in the formation of ethical solutions. (shrink)

Contrary to the popular belief that feminism has gained a foothold in the many disciplines of the academy, the essays collected in Theorizing Backlash argue that feminism is still actively resisted in mainstream academia. Contributors to this volume consider the professional, philosophical, and personal backlashes against feminist thought, and reflect upon their ramifications. The conclusion is that the disdain and irrational resentment of feminism, even in higher education, amounts to a backlash against progress.

Within the political economy of informational capitalism, commercial surveillance practices are tools for resource extraction. That process requires an enabling legal construct, which this essay identifies and explores. Contemporary practices of personal information processing constitute a new type of public domain—a repository of raw materials that are there for the taking and that are framed as inputs to particular types of productive activity. As a legal construct, the biopolitical public domain shapes practices of appropriation and use of personal information in (...) two complementary and interrelated ways. First, it constitutes personal information as available and potentially valuable: as a pool of materials that may be freely appropriated as inputs to economic production. That framing supports the reorganization of sociotechnical activity in ways directed toward extraction and appropriation. Second, the biopolitical public domain constitutes the personal information harvested within networked information environments as raw. That framing creates the backdrop for culturally situated techniques of knowledge production and for the logic that designates those techniques as sites of legal privilege. (shrink)

This paper highlights methods — other than legislative and regulatory directives — through which decision-makers may use law and the legal system to facilitate the systems-wide change that the IOM calls for.

Organisational culture is assumed to be a key factor in large-scale and avoidable institutional failures. Whilst models such as “ethical culture” and “safety culture” have been used to explain such failures, minimal research has investigated their ability to do so, and a single and unified model of the role of culture in institutional failures is lacking. To address this, we systematically identified case study articles investigating the relationship between culture and institutional failures relating to ethics and risk management. A content (...) analysis of the cultural factors leading to failures found 23 common factors and a common sequential pattern. First, culture is described as causing practices that develop into institutional failure. Second, and usually sequentially related to causal culture, culture is also used to describe the problems of correction: how people, in most cases, had the opportunity to correct a problem and avert failure, but did not take appropriate action. It was established that most of the cultural factors identified in the case studies were consistent with survey-based models of safety culture and ethical culture. Failures of safety and ethics also largely involve the same causal and corrective factors of culture, although some aspects of culture more frequently precede certain outcome types. We propose that the distinction between causal and corrective culture can form the basis of a unified and generalisable model of organisational failure. (shrink)

A survey was conducted in a naturalistic setting, within wine tasting rooms, to explore how consumers' sustainability attitudes and subjective norms influence their decision to purchase wines from wineries which have adopted an environmental management program. The results indicate that both are significant predictors of intentions and explain over half of the variation in intentions to purchase. In addition, identifying environmental organization members is a useful approach in identifying a segment of consumers having stronger levels of these antecedents and, therefore, (...) more likely to purchase from wineries using sustainable grape growing practices (than non-members) Consumers who are environmental organization members are more likely to be interested in organic products, as well. Information on sustainable grape growing practices is relevant and influential for a specific segment of consumers, those consumers more passionate about the environment, and increases their intentions to purchase from wineries who have adopted these practices. (shrink)