Although Justice Scalia purported to be driven by originalism and precedent, his opinions in three education cases—Grutter v. Bollinger, Parents Involved v. Seattle School District, and United States v. Virginia —tell a different tale. In these cases, his arguments are difficult to defend on originalist grounds and, surprisingly, Justice Scalia himself makes no attempt to do so. Similarly, his views are difficult to square with precedent. It is hard to escape the conclusion that, in some of (...) his most noteworthy cases related to education, Justice Scalia was as results-oriented as the justices and judges he loved to criticize. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First (...) is the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

As part of the South Carolina Law Review's symposium on the Roberts Court and Equal Protection, this essay looks at Justice Kennedy's sex discrimination jurisprudence. With the new Court, it's natural to be concerned with how the two new Justices might vote in upcoming sex discrimination cases. However, in this essay, I assume what has been the case so far from Chief Justice Roberts and Justice Alito - that they are reliable votes joining Justices Scalia and (...) Thomas on the Court's more conservative wing. The Justice most people should focus on now is Justice Kennedy, the new median Justice now that Justice O'Connor has retired. This essay seeks to analyze Justice Kennedy's sex discrimination jurisprudence and draw conclusions about his thoughts on sex and gender. First, it reviews the cases involving sex discrimination that Justice Kennedy has participated in while on the Court and shows that he has been a fairly consistent vote against sex discrimination claims. Second, it analyzes Justice Kennedy's votes and opinions in sex discrimination cases and attempt to summarize his views. Finally, the essay evaluates Justice Kennedy's conceptions of gender in his opinions and votes. The essay concludes that Justice Kennedy's new role as median Justice is troubling for sex equality jurisprudence generally and constitutional sex discrimination cases specifically, as Justice Kennedy has shown a tendency, in the many cases arising in the parent/child context, to adhere to traditional and paternalistic gender roles. (shrink)

In this chapter, I discuss the Endangered Species Act (ESA), along with explaining what the reader needs to know about species and about certain philosophical issues regarding species. I investigate how the late stalwart conservative Justice Antonin Scalia interpreted the fit between the Fish and Wildlife’s definition of harm in the Code of Federal Regulations and what the ESA implies about harm in a landmark Supreme Court case, Babbitt v. Sweet Home. Scalia argues that the FWS definition (...) of “harm” is inconsistent with the ESA. Here, I come to Scalia’s defense by responding to objections that have been made to his argument. In my response, I further fill out his argument and appeal to what I have written elsewhere about whether we harm individual nonhuman organisms or nonhuman species when we impair breeding behaviors in our various human-habitat expansion activities. This question is related to the following broader question prominent in the field of environmental ethics: whether it makes sense to say that we can harm populations or even species understood as meta-populations. (shrink)

Frege's thesis that each singular term has a sense that determines its reference and serves as its cognitive value has come to be widely doubted. Saul Kripke argued that since names are rigid designators, their referents are not determined by senses. David Kaplan has argued that the rigid designation of indexical terms entails that they also lack referent–determining senses. Kripke's argument about names and Kaplan's argument about indexical terms differ, but each contains a false premise. The referents of both names (...) and indexical terms are determined by reflexive senses. It is reflexive sense that makes these terms rigid designators. (shrink)

Theoreticians of names are currently split into two camps: Fregean and Millian. Fregean theorists hold that names have referent-determining senses that account for such facts as the change of content with the substitution of co-referential names and the meaningfulness of names without bearers. Their enduring problem has been to state these senses. Millian theorists deny that names have senses and take courage from Kripke's arguments that names are rigid designators. If names had senses, it seems that their referents should vary (...) among possible worlds. However, the Millians have the enduring problem of explaining the apparent cognitive content of names. I argue that Mill's original theory, when purged of confusion, provides word-reflexive senses for names. Frege failed to notice senses of this particular sort. Moreover, it is these senses that account for names' rigid designation. When the views of Mill and Frege are understood as complementary, the problems that have faced the divided theorists of names vanish. (shrink)

The Jeu d'Adam—staged outside a church, sporting an energetic vernacular dialogue—was for Hardin Craig drama “caught in the very act of leaving the church,” as for E. K. Chambers it was a herald of secularization. O. B. Hardison's investigation into the origins of medieval drama has rendered that position untenable, but at the same time has left us with no explanation for this play's innovations. Scholars of the Chambers-Craig tradition at least did not imagine that style is without meaning or (...) that innovation is unmotivated. I want to suggest that the significance of the Adam's dramaturgic novelty can be traced to particular ideological disturbances created by particular developments in ecclesiastical life. The play appropriates the liturgy of public penance to reassert traditional authoritative forms at a time when the disposition of spiritual authority was being reimagined, both in formal theological discussions and in the concrete act of sacramental absolution. The world of historical experience, which Erich Auerbach saw in the realistic vernacular dialogue, finds a place in this play only to be put in its place; the innovations express in a new way the old idea that submission to the ecclesiastical hierarchy is a healthy way to live. In placing the action before the church doors the author made the church building not merely the context of the play , but also its subject. (shrink)

Truth Be Told explains how truth and falsity result from relations that sentences and their constituents have to the circumstances at which they are evaluated. It offers a precise analysis of truth and a diagnosis of the Liar paradox. Current semantic theory employs generalized quantifiers as the extensions of noun phrases. The book provides simpler extensions for noun phrases. These permit intuitive compositions of truth-values and a diagnosis of the Liar and Grelling paradoxes.

Frege's thesis that each singular term has a sense that determines its reference and serves as its cognitive value has come to be widely doubted. Saul Kripke argued that since names are rigid designators, their referents are not determined by senses. David Kaplan has argued that the rigid designation of indexical terms entails that they also lack referent–determining senses. Kripke's argument about names and Kaplan's argument about indexical terms differ, but each contains a false premise. The referents of both names (...) and indexical terms are determined by reflexive senses. It is reflexive sense that makes these terms rigid designators. (shrink)

Leveraging perspectives from social cognitive theory, the attention-based view, and social networks literatures, we tested the relationship between unethical choice and network unethicality, which we define as respondents’ perceptions of their peer advisors’ unethical choices. Although social cognitive theory predicts that perceptions of peer advisor unethical choice are positively associated with unethical choice, we theorize that the nature of this relationship depends on the personality of the actor and the situation. Results from a lagged study suggest that individual and situational (...) variables may act as key buffers to the adverse impact of unethical social influence on ethical choice. Strengths, limitations, and directions for future research are discussed. (shrink)

Take the mystery out of digital photography and join the fun! You don't need to be a professional photographer or a technology expert to take great digital photos! This down-to-basics guide makes it easy to choose the right camera, understand all its dials and controls, take good pictures, make them look even better with your computer, and print them or share them online for friends and family to enjoy. Do your homework — compare camera features to choose those you need (...) at the price you can afford Practice, practice, practice — learn to use camera settings, how to compose good shots, and how light affects a picture The darkroom is now digital — use free software to organize and edit your photos Learn to share — print your pictures at home or through a service, e-mail them to friends, set up an online photo album, or show them off in a digital picture frame Open the book and find: How to pick the camera that best fits your budget and needs Tips for taking great travel photos Accessories you might want for your camera How to get really good pictures of kids and pets Easy ways to get photos from your camera to your computer Tips and tricks for editing pictures on a computer Good reasons for putting your pictures online. (shrink)

Professor Robert Alexy wrote a book whose avowed purpose is to refute the basic tenets of a type of legal theory which 'has long since been obsolete in legal science and practice'. The quotation is from the German Federal Constitutional Court in 1968. The fact that Prof Alexy himself mentions no writings in the legal positivist tradition [in English] later than Hart's The Concept of Law (1961) may suggest that he shares the court's view. The book itself may be evidence (...) to the contrary. After all why flog a dead horse? Why write a book to refute a totally discredited theory? Perhaps Alexy was simply unlucky. The burst of reflective, suggestive and interesting writings in the legal positivist tradition reached serious dimensions only in the years after the original publication of his book, when Waldron, Marmor, Gardner, Leiter, Shapiro, Murphy, Himma, Kramer, Endicott, Lamont, Dickson, Bix and others joined those who had made important contributions to legal theory in the positivistic tradition in the years preceding the original publication of Alexy's book: Lyons, Coleman, Campbell, Harris, Green, Waluchow and others, who are still among the main contributors to legal theory in the positivist tradition. It is a great shame that nothing in these writings influenced the arguments of the book. Perhaps this regret is misplaced. After all ‘positivism' in legal theory means, and always did mean, different things to different people. What Radbruch, one of Alexy's heroes, meant when he first saw himself as a legal positivist and then recanted was not the same as what 'legal positivism' means in Britain (and nowadays in the United States as well) among those who engage in philosophical reflection about the nature of law. Perhaps Alexy is simply addressing himself to a German audience, and refuting, or attempting to refute, legal theories of a kind identified in Germany as 'legal positivism'. Perhaps, though his references to Hart show that he does not intend it that way. My aims in this chapter are, however, reasonably clear. My main purpose is to explore whether any of Alexy's arguments challenge any of the views which I have advocated. Subsidiary aims are, first, to clarify why what Alexy says is legal positivism is not what is understood as such in the English speaking world, so that some of Alexy's sound points find no target; secondly, to try and clarify some of his arguments which I found, at least initially, rather obscure. Given the prominence of Alexy's book I will refer only to it, and will not consider his other publications. (shrink)

Media use is a pervasive aspect of children’s home experiences but is often not considered in studies of the home learning environment. Media use could be detrimental to children’s language and literacy skills because it may displace other literacy-enhancing activities like shared reading and decrease the quantity and quality of caregiver-child interaction. Thus, the current study asked whether media use is associated with gains in children’s language and literacy skills both at a single time point and across a school year (...) and whether age moderates any association. Children (N = 1583) were from preschool through third grade classrooms and language and literacy skills were measured in the fall and spring of the school year. Parents reported how much time their child spends using media on a typical school day. Regression analyses showed that using 4 hours or more of media was related to lower literacy gains, but not to language gains. Multilevel models conducted as a robustness check showed that this effect did not hold when accounting for classroom. In neither set of models was there an interaction between age and media use. Single-time-point models did show some associations that did not manifest in more stringent models, highlighting the limitations of correlational designs that do not have measures of children’s skills over time. Given the concern and popular press coverage around children’s media use, it is important to acknowledge nonsignificant effects in this domain. These nonsignificant associations suggest that societal fears around children’s media use may be exaggerated. Notably, however, characteristics of children’s media use, like educational content or adult co-use, may moderate any effects. The relation between media use and language and literacy growth did not differ across the age range investigated suggesting that, within this range, younger children are not more vulnerable to detrimental effects. (shrink)

Most children experience some form of grouping in the classroom every day. Understanding how teachers make grouping decisions and their impacts on children’s social development can shed light on effective teacher practices for promoting positive social dynamics in the classroom. This study examined the influence of teachers’ grouping strategies on changes in young children’s social experiences with peers across an academic year. A total of 1,463 children and 79 teachers from kindergarten to third-grade classrooms participated in this study. Teachers rated (...) children’s behavioral problems as the most important consideration when creating seating charts or assigning children to small groups. Promoting existing or new friendships was rated as the least important consideration. Heterogeneous ability grouping, rated as somewhat important by the teachers, was associated with a decrease in children’s friendships and yet also a decrease in girls’ experience with peer conflicts. Our findings begin to fill in the gaps in the literature on the social impacts of ability grouping for young children. (shrink)

Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to open dispute. Today, however, human-rights activists and international feminists join critics of structural adjustment and the World Trade Organization in challenging the view that justice can only be a domestic relation among fellow citizens. Targeting injustices that cut across borders, they are making (...) the scale of justice an object of explicit struggle. Inspired by these efforts, Nancy Fraser asks: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which one is truly just? In exploring these questions, Fraser revises her widely discussed theory of redistribution and recognition. She introduces a third, "political" dimension of justice—representation—and elaborates a new, reflexive type of critical theory that foregrounds injustices of "misframing." Engaging with thinkers such as Jürgen Habermas, John Rawls, Michel Foucault, and Hannah Arendt, she envisions a "postwestphalian" mapping of political space that accommodates transnational solidarity, transborder publicity, and democratic frame-setting, as well as emancipatory projects that cross borders. The result is a sustained reflection on who should count with respect to what in a globalizing world. (shrink)

Cosmopolitan War is characterized by a tension between moral demandingness and moral permissiveness. On the one hand, Fabre is strongly committed to the value of each and all human beings as precious individuals whose value does not depend on their national or other affiliation. This commitment leads to serious constraints on what may be done to others in both individual and national self-defense. Yet the book is also unambiguously permissive. It opens the gate to far more wars than traditional just (...) war theory would ever permit, in particular to what Fabre has dubbed ‘subsistence wars’, and it rejects the most fundamental constraint imposed by traditional jus in bello, namely, the prohibition against the deliberate killing of civilians. While both the demanding and the permissive aspects of the book seem troublesome to me, the latter seem more so and most of my paper is devoted to a critical examination of them. In the last part of the paper, I point to a different outlook to the one defended in the book and try to show that this outlook is less foreign to Fabre’s outlook than one might expect. (shrink)

Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. (...) Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice—freedom, democracy, equality, and toleration—and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice. (shrink)

Worldviews are windows to the world. They can be static in referring to visual connotations as suggested by their name, but they can hold a dynamic and genetic view as well. As such, they imply a fundamental cognitive orientation, involving selection, interpretation and interaction with the world. What matters, in this view, is a kind of sense-making or semiotization of the world. -/- The semiotization of the “sonic world”, accordingly, can be approached from different epistemological positions: is music reducible to (...) symbolic labels that function as names, or is it only music when it sounds? And is music to be considered as an artifact that is out there or as something that must be listened to in order to make sense? Rather than joining these discussions, I propose to broaden the focus and to embrace psychological claims as well. Though psychology is not commonly considered as semiotics’ companion theory of truth, there are points of convergence with respect to the hierarchical arrangement of epistemic interactions with the sounds: there is a lower level processing of sensory input (sensation), a somewhat higher level (perception) which involves a first level of sense-making—mostly at a preverbal level—, and a higher level of sense-making which is commonly labeled as cognition. -/- In what follows I will argue for a cumulative model with lower levels not being substituted by higher ones, but with higher levels being superposed on them. Music, in fact, is a sounding art with the richness of it sonorous unfolding as one of its major characteristics. Music processing, therefore, should keep step with the music as it unfolds over time, in a dynamic tension that does justice to the level of sensation as well as to the listener’s continuous epistemic interactions with the sounds. (shrink)

The singular message in Global Health Law is that we must strive to achieve global health with justice—improved population health, with a fairer distribution of benefits of good health. Global health entails ensuring the conditions of good health—public health, universal health coverage, and the social determinants of health—while justice requires closing today’s vast domestic and global health inequities. These conditions for good health should be incorporated into public policy, supplemented by specific actions to overcome barriers to equity. A (...) new global health treaty grounded in the right to health and aimed at health equity—a Framework Convention on Global Health —stands out for its possibilities in helping to achieve global health with justice. This far-reaching legal instrument would establish minimum standards for universal health coverage and public health measures, with an accompanying national and international financing framework, require a constant focus on health equity, promote Health in All Policies and global governance for health, and advance the principles of good governance, including accountability. While achieving an FCGH is certainly ambitious, it is a struggle worth the efforts of us all. The treaty’s basis in the right to health, which has been agreed to by all governments, has powerful potential to form the foundation of global governance for health. From interpretations of UN treaty bodies to judgments of national courts, the right to health is now sufficiently articulated to serve this role, with the individual’s right to health best understood as a function of a social, political, and economic environment aimed at equity. However great the political challenge of securing state agreement to the FCGH, it is possible. States have joined other treaties with significant resource requirements and limitations on their sovereignty without significant reciprocal benefits from other states, while important state interests would benefit from the FCGH. And from integrating the FCGH into the existing human rights system to creative forms of compliance and enforcement and strengthened domestic legal and political accountability mechanisms, the treaty stands to improve right to health compliance. The potential for the FCGH to bring the right to health nearer universal reality calls for us to embark on the journey towards securing this global treaty. (shrink)

What is fair? How and when can punishment be legitimate? Is there recompense for human suffering? How can we understand ideas about immortality or an afterlife in the context of critical thinking on the human condition? In this book L. E. Goodman presents the first general theory of justice in this century to make systematic use of the Jewish sources and to bring them into a philosophical dialogue with the leading ethical and political texts of the Western tradition. Goodman (...) takes an ontological approach to questions of natural and human justice, developing a theory of community and of nonvindictive yet retributive punishment that is grounded in careful analysis of various Jewish sources—biblical, rabbinic, and philosophical, His exegesis of these sources allow Plato, Kant, and Rawls to join in a discourse with Spinoza and medieval rationalists, such as Saasidah and Maimonides, who speak in a very different idiom but address many of the same themes. Drawing on sources old and new, Jewish and non-Jewish, Goodman offers fresh perspectives on important moral and theological issues that will be of interest to both Jewish and secular philosophers. (shrink)

Countering the present trend in the discourse on justice wherein human reason is perceived and marginalized as an embarrassment to justice and the trend to reject the concept of formal justice, this paper argues that there is formal justice and the essence of justice is setting things right and setting righteousness to stand straight. By this token, justice means the rule of reason, not the rule of power and desire, and the ethics of (...) class='Hi'>justice differs fundamentally from the ethics of care/benevolence. The popular assumption that justice as the rule of reason is incompatible with the idea of justice as accommodating diversity is unjustified. The paper joins the present discourse on justice from a historical perspective. It examines the historical Confucian and neo-Confucian concept of justice in a way of its dialogues with other Western concepts of justice such as Plato's concept of justice. (shrink)

How is distributive justice possible with respect to immigration if political decisions about entry and membership cannot be grounded in the symmetry of a prior commonality, human or otherwise, that could guarantee reciprocal relations between members and nonmembers? This paper deals with both aspects of this question. Initially, it engages critically with Seyla Benhabib's plea for ‘dialogical universalism,’ showing why the strong discontinuity between political and moral reciprocity precludes understanding distributive justice as the process of mediating between political (...) particularity and moral universality. Subsequently, it suggests that a way out of this conceptual and normative impasse can be found in the fact that boundaries create a double asymmetry. This double asymmetry is constitutive for the ‘dia’ of the political dialogue that separates and joins members and nonmembers. This ‘in between,’ which eludes control by the parties to a dialogue, is the realm of distributive justice. (shrink)

How is distributive justice possible with respect to immigration if political decisions about entry and membership cannot be grounded in the symmetry of a prior commonality, human or otherwise, that could guarantee reciprocal relations between members and nonmembers? This paper deals with both aspects of this question. Initially, it engages critically with Seyla Benhabib's plea for ‘dialogical universalism,’ showing why the strong discontinuity between political and moral reciprocity precludes understanding distributive justice as the process of mediating between political (...) particularity and moral universality. Subsequently, it suggests that a way out of this conceptual and normative impasse can be found in the fact that boundaries create a double asymmetry. This double asymmetry is constitutive for the ‘dia’ of the political dialogue that separates and joins members and nonmembers. This ‘in between,’ which eludes control by the parties to a dialogue, is the realm of distributive justice. (shrink)

How is distributive justice possible with respect to immigration if political decisions about entry and membership cannot be grounded in the symmetry of a prior commonality, human or otherwise, that could guarantee reciprocal relations between members and nonmembers? This paper deals with both aspects of this question. Initially, it engages critically with Seyla Benhabib's plea for ‘dialogical universalism,’ showing why the strong discontinuity between political and moral reciprocity precludes understanding distributive justice as the process of mediating between political (...) particularity and moral universality. Subsequently, it suggests that a way out of this conceptual and normative impasse can be found in the fact that boundaries create a double asymmetry. This double asymmetry is constitutive for the ‘dia’ of the political dialogue that separates and joins members and nonmembers. This ‘in between,’ which eludes control by the parties to a dialogue, is the realm of distributive justice. (shrink)

This paper argues that extortion is a clear threat in intergenerational relations, and that the threat is manifest in some existing proposals in climate policy and latent in some background tendencies in mainstream moral and political philosophy. The paper also claims that although some central aspects of the concern about extortion might be pursued in terms of the entitlements of future generations, this approach is likely to be incomplete. In particular, intergenerational extortion raises issues about the appropriate limits to the (...) sway of central values such as welfare and distributive justice. We should be wary of ways in which such values invite us to buy off, or perhaps to join, an intergenerational climate Mafia. (shrink)

John Rawls's A Theory of Justice was published in December 1971 and has already established itself as a landmark. No other philosophical work, in our time or before, has, to my knowledge, excited so much attention in so short a time and in such varied circles. Clearly the book answers to a set of needs that have just recently surfaced, and it was published at just the right time to benefit from changing directions in philosophy and other areas of (...) intellectual life brought on by enormous and accelerating changes in social conditions and concerns, by the disaster of Vietnam, and by the sense that something serious and sufficient must be done to counter the increasing fragmentation of knowledge and the divorce of science from society. Rawls gives one the sense of putting it all together; of seeing things clearly and seeing them whole; of joining together again economics, jurisprudence, and social and moral theory; and of putting philosophy to work once again in the service of society and humanity. In particular, he gives one the sense that there can be a science of justice, of morality, and of values. (shrink)

Community Supported Agriculture (CSA) seeks to address injustices in the food system by supporting small-scale farmers applying agroecological practices through a long-term partnership: a community of members covers the cost of production and receives a share of the harvest throughout the season in return. Despite an orientation towards a more just and inclusive food system, the existing literature points towards a rather homogeneous membership in CSA. A majority of CSAs tends to involve (upper) middle-class consumers with above average education and (...) income levels. Low income is still a major obstacle in joining a CSA. Membership diversification through social support actions is one possible way. Our main objective is to systematize and appraise social support actions of the CSA movement. Taking the CSA principles as a starting point, our main research question is: How do social support actions in CSAs operate in terms of social inclusion and what obstacles and challenges are associated with them? The theory of strategic action fields assists in describing how the CSA movement is positioning itself as an actor in and across neighboring strategic action fields. The CSA movement is clearly positioned in the Food Sovereignty field. By shifting the focus from justice to farmers to justice for members, the CSA movement is now also exploring the Food Justice field. Indeed, the CSAs’ contribution to the food justice movement is still largely uncharted. In our results, we identify both social support actions that are already implemented in the CSA movement in different countries, and the challenges that are associated with these actions. We pinpoint a classification of social support actions implemented by CSA organizers to increase access to their initiatives. We make a distinction between the emancipatory actions that empower beneficiaries and contribute to a systemic change, and punctual, charitable interventions that neither affect the structure of a CSA nor the food system. (shrink)

Levinas did not present any new ethical theories; he did not even give any normative recommendations. But his phenomenological investigations help us to understand how the idea of ethics emerges and how we try to cope with it. The purpose of this paper is to suggest some implications from a reading of Levinas on how ethical challenges are handled within a management perspective. The paper claims that management, both in theory and in practice, is necessarily egocentric and thus ethically biased. (...) Therefore, ethics, defined as the idea that it is possible to do otherwise than pursue one's own interest, must have its source outside the scope of management. Levinas identifies this source as the call for responsibility from the Other, beyond the reach of managerial control. He also suggests how this idea of ethics is put into practice, especially in economic life: the existence of money makes it both possible and necessary to compare unique and incomparable others. Management tools may be used in the service of always more justice, as it also may be used for the opposite purpose. Instead of trying to draw a normative conclusion from Levinas, we may distinguish between two ways of experiencing reality: one through language and knowledge, covering both descriptive and normative knowledge, including business ethics, and the other through the particular events of encounters, from where this knowledge is continuously questioned through the call for responsibility, and thereby may provide possibilities for continuous improvements towards always more justice. (shrink)

Levinas did not present any new ethical theories; he did not even give any normative recommendations. But his phenomenological investigations help us to understand how the idea of ethics emerges and how we try to cope with it. The purpose of this paper is to suggest some implications from a reading of Levinas on how ethical challenges are handled within a management perspective. The paper claims that management, both in theory and in practice, is necessarily egocentric and thus ethically biased. (...) Therefore, ethics, defined as the idea that it is possible to do otherwise than pursue one's own interest, must have its source outside the scope of management. Levinas identifies this source as the call for responsibility from the Other, beyond the reach of managerial control. He also suggests how this idea of ethics is put into practice, especially in economic life: the existence of money makes it both possible and necessary to compare unique and incomparable others. Management tools may be used in the service of always more justice, as it also may be used for the opposite purpose. Instead of trying to draw a normative conclusion from Levinas, we may distinguish between two ways of experiencing reality: one through language and knowledge, covering both descriptive and normative knowledge, including ‘business ethics’, and the other through the particular events of encounters, from where this knowledge is continuously questioned through the call for responsibility, and thereby may provide possibilities for continuous improvements towards always more justice. (shrink)

Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The (...) book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith. (shrink)

Corruption is a pervasive problem across the world and is regularly ranked as among the greatest global challenges. Considering the role that corruption plays in exacerbating deprivation and fuelling social tension, peaceful and just societies are unlikely to come about without tackling corruption. Addressing corruption should be a high priority for those concerned with poverty eradication, peace, security, and justice. Yet, curiously, corruption has not yet been the focus of any books by philosophers working on global justice topics. (...) Corruption and Global Justice does so. Author Gillian Brock offers a normatively justified account of how to allocate responsibilities for addressing corruption across the many agents who can and should play a role. In order to know who should take responsibility and how they should do so, we need to understand multiple forms of corruption, the corruption risks associated with various activities, the interventions that tackle corruption effectively, and current policy and legal frameworks in place for addressing corruption. In addition, Brock proposes a new framework for navigating responsibility to address injustice, one that is action-oriented and forward-looking. Adopting an agent-empowering approach and harnessing the power of joining forces in effective collective action, Corruption and Global Justice addresses a significant global problem in a comprehensive way, providing the tools we need for progress as we collaborate to tackle this global scourge. (shrink)

When read as a theory that is supposed to mirror, represent or fit some collection of historical data, critics argue that Kuhn’s theory of paradigm shift in Structure of Scientific Revolutions fails by cherry-picking and underdetermination. When read as the ground for a socio-epistemological conception of rationality, critics argue that Kuhn’s theory fails by either the naturalistic fallacy or underarticulation. This paper suggests that we need not view Structure as a historian’s attempt to accurately depict scientific theory change or a (...) philosopher’s attempt to suggest, more normatively, the factors we ought to consider in theory choice. Instead, we might use Kuhn’s theory as a metaphilosophical frame through which to better understand the limits of otherwise intractable philosophical debates. We can focus on Kuhn’s theory not as a proposition or model to confirm, but as something we might use as a tool for understanding. Philosophers have discussed the justice and care orientations in ethics as two theories for which there will be some common, constraining set of intuitions to confirm one theory over the other, to demonstrate that protecting rights is fundamentally more valuable that fulfilling needs or that fulfilling needs is fundamentally more valuable that protecting rights. Instead of conceptualizing this conversation as a choice between two theories, this paper looks to Ian Hacking’s interpretation of Kuhn’s paradigm concept to suggest that working in the world of justice is very different than working in the world of care, as each orientation is a paradigm with its own cognitive and contextual standards of theory assessment. To start, after Larry Laudan, each has its own ontology, methodology, aims and values. But moreover, after Ian Hacking, each has an even larger, entrenched collection of projectible predicates. Though Carol Gilligan herself uses the metaphor of gestalt shift in a few places to characterize the move from the justice to the care perspective, the insight—that what many assume to be a standard exercise in theory choice is really more of a paradigm shift—has been under theorized by ethicists and ignored by philosophers of science. This paper brings the full resources of Structure and its secondary literature to this metaethical issue, while making the larger point that Structure has an important pragmatic role to play, when it comes to the understanding philosophical debates, even if we cannot secure the truth of Kuhn’s theory. (shrink)

When read as a theory that is supposed to mirror, represent or fit some collection of historical data, critics argue that Kuhn’s theory of paradigm shift in Structure of Scientific Revolutions fails by cherry-picking and underdetermination. When read as the ground for a socio-epistemological conception of rationality, critics argue that Kuhn’s theory fails by either the naturalistic fallacy or underarticulation. This paper suggests that we need not view Structure as a historian’s attempt to accurately depict scientific theory change or a (...) philosopher’s attempt to suggest, more normatively, the factors we ought to consider in theory choice. Instead, we might use Kuhn’s theory as a metaphilosophical frame through which to better understand the limits of otherwise intractable philosophical debates. We can focus on Kuhn’s theory not as a proposition or model to confirm, but as something we might use as a tool for understanding. Philosophers have discussed the justice and care orientations in ethics as two theories for which there will be some common, constraining set of intuitions to confirm one theory over the other, to demonstrate that protecting rights is fundamentally more valuable that fulfilling needs or that fulfilling needs is fundamentally more valuable that protecting rights. Instead of conceptualizing this conversation as a choice between two theories, this paper looks to Ian Hacking’s interpretation of Kuhn’s paradigm concept to suggest that working in the world of justice is very different than working in the world of care, as each orientation is a paradigm with its own cognitive and contextual standards of theory assessment. To start, after Larry Laudan, each has its own ontology, methodology, aims and values. But moreover, after Ian Hacking, each has an even larger, entrenched collection of projectible predicates. Though Carol Gilligan herself uses the metaphor of gestalt shift in a few places to characterize the move from the justice to the care perspective, the insight—that what many assume to be a standard exercise in theory choice is really more of a paradigm shift—has been under theorized by ethicists and ignored by philosophers of science. This paper brings the full resources of Structure and its secondary literature to this metaethical issue, while making the larger point that Structure has an important pragmatic role to play, when it comes to the understanding philosophical debates, even if we cannot secure the truth of Kuhn’s theory. (shrink)

In their celebrated essay “The Right to Privacy,” legal scholars Samuel Warren and Louis Brandeis identified as the generic privacy value “the right to be let alone.” This same phrase occurs in Justice Brandeis's dissent inOlmstead v. U.S.(1927). This characterization of privacy has been found objectionable by philosophers acting as conceptual police. For example, moral philosopher William Parent asserts that one can wrongfully fail to let another person alone in all sorts of ways—such as assault—that intuitively do not qualify (...) as violations of privacy and thus cannot be violations of the right to privacy. (shrink)

Jacob Weinrib's Dimensions of Dignity 1 [DD] joins a small but growing literature committed to the reconstruction, as applied theory, of foundational concepts such as justice, authority, and the ru...

Transitional Justice (TJ) focuses on the processes of dealing with the legacy of large-scale past abuses (in the aftermath of traumatic experiences such as war or authoritarianism) with the aim of fostering domestic justice and creating the basis for a sustainable peace. TJ however also entails the problem of how a torn society may be able to become a self-determining member of a just international order. This paper presents a minimal conception of TJ, which departs from Rawls' conception (...) of normative stability of the international order, which suggests disentangling the two goals of fostering democracy within torn societies and TJ itself. The scope of TJ is therefore limited to enabling these societies to create minimal internal conditions for joining a just international order on equal footing. This paper makes an original contribution to two different debates, namely normative research on TJ, and post-Rawlsian literature in general. First, it provides a new direction for normative theorizing about TJ which takes both its domestic and international dimensions seriously into consideration. Second, it extends Rawls' political liberal outlook to an area where it is not usually understood to apply. (shrink)

We shall see that as the Master of suspicion, Marx rejects capitalism, which he considers to be a system of bourgeois oppression, absurd and decadent. The latter eludes the importance of the social question in the historical future of a society. Trampling on the lyrical illusions of practical rationality, he insists on the rigidity of economic and social determinisms, to which he confers an overdeterminent role in sub-estimating the impact of cognitive and/or psychological mechanisms on the exercise of state power. (...) We will explain how dialectical materialism in Marx joins in many respects the methodological revolution initiated by Nietzsche, particularly as regards its requirement to contextualize a real understood as a fabric of forces, in order to understand the origin of the dominant values and that of the capitalist system. Moreover, it will be important to develop the idea that within a civil society, itself prey to a crisis of the sittlichkeit (the ethical life), history tends to separate the interests in favor of imperceptible cowards perverse become legion, while insidiously affecting a social body incapable of escaping from material contingencies. We will then have the right to question the way in which revolutions occur? (shrink)

Luck egalitarianism provides a reason to object to conditionality in health incentive programmes in some cases when conditionality undermines political values such as solidarity or inclusiveness. This is the case with incentive programmes that aim to restrict access to essential healthcare services. Such programmes undermine solidarity. Yet, most people's lives are objectively worse, in one respect, in non-solidary societies, because solidarity contributes both instrumentally and directly to individuals' well-being. Because solidarity is non-excludable, undermining it will deprive both the prudent and (...) the imprudent citizens of its goods. Thereby, undermining solidarity can make prudent citizens worse off than they would have otherwise been, out of no fault or choice of their own, but rather as a result of somebody else's imprudent choice. This goes against the spirit of luck egalitarianism. Therefore (luck egalitarian) justice can require us to save the imprudent and avoid conditionality in access to essential healthcare services. (shrink)

The exposure of doctors, nurses and other medical professionals to risks in the context of epidemics is significant. While traditional medical ethics offers the thought that these dangers may limit the extent to which a duty to care is applicable in such situations, it has less to say about what we might owe to medical professionals who are disadvantaged in these contexts. Luck egalitarianism, a responsibility-sensitive theory of distributive justice, appears to fare particularly badly in that regard. If we (...) want to maintain that medical professionals are responsible for their decisions to help, cure and care for the vulnerable, luck egalitarianism seems to imply that their claim of justice to medical attention in case of infection is weak or non-existent. The article demonstrates how a recent interpretation of luck egalitarianism offers a solution to this problem. Redefining luck egalitarianism as concerned with responsibility for creating disadvantages, rather than for incurring disadvantage as such, makes it possible to maintain that medical professionals are responsible for their choices and that those infected because of their choice to help fight epidemics have a full claim of justice to medical attention. (shrink)

This paper focuses on doctoral research which explored relationships and interpersonal learning through group dramatherapy and creative interviewing with adolescents in special education. A constructivist grounded theory study, positioning adolescents with intellectual/developmental disabilities as experts of their own relational experiences, revealed a tendency to “copy others.” The final grounded theory presented “copying” as a tool which participants consciously employed “to play with,” “learn from,” and “join in with” others. Commonly experiencing social ostracism, participants reflected awareness of their tendency to “copy (...) others” being underpinned by a need to belong. Belonging was therefore expressed as the ultimate therapeutic experience participants wished to have. Participant responses which link dramatic imitation to a self-identified tendency “to copy,” are discussed with regard to how imitation provides an accessible point of dramatic entry from which adolescents in special education begin to explore new ways of being and inter-relating. Recommendations for how dramatherapists might centralize imitative aspects of the dramatic process to achieve therapeutic intent when working alongside adolescents in special education are discussed with specific focus on creating a space of belonging.Note on type: Participant quotes extracted from the data are included throughout this article. In order to highlight participant’s contributions quotes are italicized and presented within speech marks. (shrink)

Levinas’s conception of justice in Totality and Infinity is very different from the one developed in Otherwise than Being. Both are bound to the presence of the third party next to my neighbor. But whereas in the later work this presence leads to transform the responsibility of the I for the Other, to compare the neighbor and the third party for the sake of justice, hence to enter the sphere of visibility in which retributive justice is possible, (...) it opens in the early work to a fraternity of all humans, understood as a community of language, of expression, teaching, and commandment. Here, justice is a right to speak. I argue that these conceptions of justice are not only different. The early one can also be seen as the condition of the later one. And Levinas refers explicitly to it in Otherwise than Being as a justice that passes by justice. (shrink)

In this article I rethink Rawls' conception of international economic justice, with a particular focus on international trade. I ground my normative argument on a different interpretation of the concepts of basic structure and of basic institution. I use the contemporary international trading system to illustrate my normative interpretation. I use the Law of Peoples to discuss the Rawlsian concept of basic structure. I contest Samuel Freeman's interpretation of this concept as one that pertains exclusively to the domestic realm. (...) As a reply, I work out an interpretation of basic institutions valid for both the national and international context. I base my understanding on the impact and the form of membership that characterize basic institutions. Both properties are compatible with an extension of the concept of a basic institution to the international domain. I then show how the World Trade Organization (WTO) system can be compared to a domestic basic institution. I analyse the decisional setting that surrounds the choice of joining the WTO. I conclude that no real alternative exists. Hence, WTO membership is not to be considered a completely free policy choice. I also state that the new system is witnessing a strong expansion of the areas subject to trade governance. Such expansion is responsible for the growing impact that international trade has on domestic institutions and hence on people. Finally, I use my analysis of contemporary international trading relations to test Rawls' position in the Law of Peoples. I conclude that although Rawls' principles for fair trade and international cooperation can regulate GATT-style international trade, they are not proficient in assessing the new characteristics of international trade. (shrink)

Academic women experience working in higher education differently to their male counterparts. This article argues that the unequal position of women academics is unethical, irrespective of whether one takes a consequentialist or deontological ethical position. By drawing on a range of international studies, the article explores the reasons for this inequity, suggesting that the ?cult of individual responsibility?, the positioning of women academics as ?other? and the impact of having a family are significant factors. Having identified the reasons why university (...) women experience the system differently, the article then reflects on how the ethical university can move towards bringing about greater equity between male and female colleagues. (shrink)

This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has involved (...) signifieds (such as rules, principles, doctrines and tests) as if the signifiers were transparent. But any one signifier differs from another signifier without the lawyer ever accessing the invisible signifieds. Ironically, although the lawyer, law professor or law student believes that s/he is studying legal ‘practice’ and although legal knowledge has been considered a matter of signified concepts, the knowledge has really concerned the differentiating relations of signifiers. As a consequence, the moment of accessing the concepts (signifieds) has been forever deferred. ‘Access to justice’ has become access to the special language of signifiers, a language which lawyers alone are privileged to enforce. Turning to the Charter, lawyers claiming to know the special Charter language became indispensable to social life. Even the meaning-constituting human subject became a signifier, better known as ‘the legal person’ defined by Charter rights. Charter language, however, has deferred an access to the invisible concepts such as ‘freedom’ or ‘democracy’, terms in Section of the text. Access to justice’ has become access to the language of the privileged class of lawyers. The lawyer’s language has become a theoretical language in the name of access to justice. And yet, because the theoretical language has been propagated as concerned with ‘practice’, it has been difficult to challenge the social-cultural content of the language of lawyers. (shrink)