ABSTRACT This article deals with a cluster of moral problems raised by the new techniques of human fertilisation. It is concerned primarily with the putative rights of embryos brought into being as a by‐product of the practice of in vitro fertilisation. In this connection it investigates the basis for the ascription of rights to entities and asserts the view that consciousness is a pre‐requisite for the possession of rights. It draws attention to the speciesism implicit in attitudes of some of (...) those who have contributed to the debate. It also examines other issues briefly, raising, for example, the question whether children by AID (or by in vitro fertilisation by donor) must be denied access to information about their genetic fathers; and looking at objections to the new techniques based on the so‐called unnaturalness of the procedures involved. (shrink)

Article III of the U.S. Constitution establishes an independent federal judiciary: federal courts constitute a separate branch of the national government, federal judges enjoy tenure during good behavior, and their salaries cannot be diminished while they hold office. The framers who drafted Article III in 1787 were not working from whole cloth. Rather, they were familiar with the preceding colonial and state practices, including those from New York. This essay provides a case study of New York's judicial history: the Dutch (...) period, 1621-1664; the Ducal proprietary period, 1664-1685; the Royal period, 1685-1776; and the early state period. As will be seen, New York—among the most significant of the original thirteen states—was a state groping towards a new ideal of judicial independence: an ideal that became a reality a decade after its own constitution was enacted in 1777 and at a different level of government. Significantly, the uncertain status of New York's judiciary had profound consequences for the ultimate expression of judicial independence, judicial review. (shrink)

Citizenship presents two faces. Within a political community it stands for inclusion and universalism, but to outsiders, citizenship means exclusion. Because these aspects of citizenship appear spatially and jurisdictionally separate, they are usually regarded as complementary. In fact, the inclusionary and exclusionary dimensions of citizenship dramatically collide within the territory of the nation-state, creating multiple contradictions when it comes to the class of people the law calls aliens--transnational migrants with a status short of full citizenship. Examining alienage and alienage law (...) in all of its complexities, The Citizen and the Alien explores the dilemmas of inclusion and exclusion inherent in the practices and institutions of citizenship in liberal democratic societies, especially the United States. In doing so, it offers an important new perspective on the changing meaning of citizenship in a world of highly porous borders and increasing transmigration. As a particular form of noncitizenship, alienage represents a powerful lens through which to examine the meaning of citizenship itself, argues Linda Bosniak. She uses alienage to examine the promises and limits of the "equal citizenship" ideal that animates many constitutional democracies. In the process, she shows how core features of globalization serve to shape the structure of legal and social relationships at the very heart of national societies. (shrink)

Visible Identities critiques the critiques of identity and of identity politics and argues that identities are real but not necessarily a political problem. Moreover, the book explores the material infrastructure of gendered identity, the experimental aspects of racial subjectivity for both whites and non-whites, and in several chapters looks specifically at Latio identity.

The global ecological crisis is upon us. From global warming to the long-term implications of ocean acidification, air and water pollution, deforestation, and the omnipresent dangers of nuclear technology the future of our planetary home is threatened. Yet in the midst of the unfolding crisis, the conventional ideologies of the twentieth century and their representations of nature remain unchallenged by both the defenders of capitalism and capitalism's most radical critics. The Distortion of Nature's Image illustrates how the anti-naturalism of late (...) capitalist society, in which nature is reified into the emptiness of mere matter, simply a thing to be dominated, is subtly complemented by the failure of the Left to go both beyond the historic limitations of Marx's ninteenth-century viewpoint and beyond anarchism's blind faith in "natural law." However, an alternative for comprehending nature and the ecological crisis as historical and social phenomena remains open in the dialectical naturalism of Western Marxism and Murray Bookchin's social ecology. By examining in closer detail how Bookchin's social ecology politicizes the concept of nature, as well as how precursory models in Western Marxist thought provide a foundation for this, Damian Gerber illustrates how the notion of an ecological society remains a decisively political question. (shrink)

This was published in Cultural Critique (Winter 1991-92), pp. 5-32; revised and reprinted in Who Can Speak? Authority and Critical Identity edited by Judith Roof and Robyn Wiegman, University of Illinois Press, 1996; and in Feminist Nightmares: Women at Odds edited by Susan Weisser and Jennifer Fleischner, (New York: New York University Press, 1994); and also in Racism and Sexism: Differences and Connections eds. David Blumenfeld and Linda Bell, Rowman and Littlefield, 1995.

In the field of art history, the white Western male viewpoint, unconsciously accepted as the viewpoint of the art historian, may—and does—prove to be inadequate not merely on moral and ethical grounds, or because it is elitist, but on purely intellectual ones. In revealing the failure of much academic art history, and a great deal of history in general, to take account of the unacknowledged value system, the very presence of an intruding subject in historical investigation, the feminist critique at (...) the same time lays bare its conceptual smugness, its meta-historical naïveté. At a moment when all disciplines are becoming more self-conscious, more aware of the nature of their presuppositions as exhibited in the very languages and structures of the various fields of scholarship, such uncritical acceptance of “what is” as “natural” may be intellectually fatal. Just as Mill saw male domination as one of a long series of social injustices that had to be overcome if a truly just social order were to be created, so we may see the unstated domination of white male subjectivity as one in a series of intellectual distortions which must be corrected in order to achieve a more adequate and accurate view of historical situations. (shrink)

Decisions in healthcare are made against the background of cultural and philosophical definitions of disease, sickness and illness. These concepts or definitions affect both health policy and research , as well as individual encounters between patients and physicians . It is therefore necessary for evidence-based medicine to consider whether any of the definitions underlying research prior to the hierarchisation of knowledge are indeed compatible with its own epistemological principles.

"First Published in 1992, Routledge is an imprint of Taylor & Francis, an informa company.".

Abstract:This field survey focused on two constructs that have been developed to represent the ethical context in organizations: ethical climate and ethical culture. We first examined issues of convergence and divergence between these constructs through factor analysis and correlational analysis. Results suggested that the two constructs are measuring somewhat different, but strongly related dimensions of the ethical context. We then investigated the relationships between the emergent ethical context factors and an ethics-related attitude (organizational commitment) and behavior (observed unethical conduct) for (...) respondents who work in organizations with and without ethics codes. Regression results indicated that an ethical culture-based dimension was more strongly associated with observed unethical conduct in code organizations while climate-based dimensions were more strongly associated with observed unethical conduct in non-code organizations. Ethical culture and ethical climate-based factors influenced organizational commitment similarly in both types of organizations. Normative implications of the study are discussed, as are implications for future theorizing, research and management practice. (shrink)

Moving beyond the traditional feminist ethics of care, Linda A. Bell places an existentialist conception of liberation at the heart of ethics and argues that only an ethics of freedom sufficiently allows for feminist critique and opposition ...

This paper elaborates on the idea of the epistemology of ignorance developed in Charles Mills’s work beginning in the 1980s and continuing throughout his writings. I I argue that his account developed initially from experiences of racism in north America as well as certain methods of organizing within parts of the Caribbean left. Essentially the epistemic practice of ignorance causes knowers to discredit or push away knowledge they in fact have. But this gives us cause for hope, for restoring existing (...) knowledge through changing ideas about who knows. (shrink)

This paper explores the significant strengths of Fricker's account, and then develops the following questions. Can volitional epistemic practice correct for non-volitional prejudices? How can we address the structural causes of credibility-deflation? Are the motivations behind identity prejudice mostly other-directed or self-directed? And does Fricker aim for neutrality vis-à-vis identity, in which case her account conflicts with standpoint theory?

The Tale of Genji: Translation, Canonization, and World Literature. By Michael Emmerich. New York: Columbia University Press, 2013. Pp. xv + 494. $95, $35.

In provocative readings of major figures in the continental tradition, Alcoff shows that the work of Hans-Georg Gadamer and Michel Foucault can help rectify key ...

An ethic for wrongdoers -- Repaying moral debts : self-punishment and restitution -- Changing one's heart, changing the past : repentance and moral transformation -- Reforming relationships : the reconciliation theory of atonement -- Forgiveness, self-forgiveness, and redemption -- Making amends for crime : an evaluation of restorative justice -- Collective atonement : making amends to the Magdalen penitents.

Wrong beliefs, known by some as ‘alternative facts’, have proliferated lately in important areas of human life, including social, political, and public health domains. This can be and has been damaging. This brief article proposes an epistemological category classification of these wrong beliefs, with the following mappings: a) ‘No-Information’ marked by willful blindness produces ‘Empty Beliefs’; b) ‘Mis-Information’ yields ‘Mis(taken) Beliefs’; and c) ‘Dis-Information’ predicated on blatant distortions produces ‘Dis(torted) Beliefs’. This simple classification system, is perhaps epistemologically satisfying, and moreover (...) could have positive policy implications. (shrink)

Anthropologists have provided rich field descriptions of the norms and conventions governing behavior and interactions in small-scale societies. Here, we add a further dimension to this work by presenting hypothetical moral dilemmas involving harm, to a small-scale, agrarian Mayan population, with the specific goal of exploring the hypothesis that certain moral principles apply universally. We presented Mayan participants with moral dilemmas translated into their native language, Tseltal. Paralleling several studies carried out with educated subjects living in large-scale, developed nations, the (...) Mayan participants judged harms caused as the means to a greater good as more forbidden than harms caused as a side-effect (i.e., side-effect bias). However, unlike these other populations living in large-scale societies, as well as a more educated and less rural Mayan comparison group, the target rural Mayan participants did not judge actions causing harm as worse than omissions (i.e., omission bias). A series of probes targeting the action-omission distinction suggest that the absence of an omission bias among the rural Mayan participants was not due to difficulties comprehending the dilemmas, using the judgment scale, or in attributing a greater causal role for actions over omissions. Thus, while the moral distinction between means and side-effect may be more universal, the moral distinction between actions and omission appears to be open to greater cross-cultural variation. We discuss these results in light of issues concerning the role of biological constraints and cultural variation in moral decision-making, as well as the limitations of such experimental, cross-cultural research. (shrink)

Abstract‘Cultural racism’ is central to understanding racism today yet has receded into the background behind the focus on attitudinal racism. Even the turn to structural racism is largely circumscribed to inclusion without substantive challenge to existing processes or profit margins. When portions of the racist public are targeted, it is often the least elite members of society. Without question, the concept of cultural racism requires some clarification, but it will help bring the continued influence of colonialism forward and reveal the (...) alibis given in mainstream and elite circles that justify exclusion, resource extraction, and domination. (shrink)

The meaning of dignity in health care has been primarily explored using interviews and surveys with various patient groups, as well as with health care practitioners. Philosophical analysis of dignity is largely avoided, as the existing philosophical literature is complex, multifaceted and of unclear relevance to health care settings. The aim of this paper is to develop a straightforward philosophical concept of dignity which is then applied to existing qualitative research. In health care settings, a patient has dignity when he (...) or she is able to live in accordance with his or her standards and values. Accordingly, health care practitioners respect a patient's dignity when they refrain from transgressing the patient's standards and values, or refrain from forcing the patient to transgress his or her standards and values. This concept is shown to explain and illuminate most of the key qualitative findings. It therefore provides a more coherent and synthesised concept of dignity in health care. (shrink)

Abstract:Previous research has identified multiple approaches to the design and implementation of corporate ethics programs (Paine, 1994; Weaver, Treviño, and Cochran, in press b; Treviño, Weaver, Gibson, and Toffler, in press). This field survey in a large financial services company investigated the relationships of the values and compliance orientations in an ethics program to a diverse set of outcomes. Employees’ perceptions that the company ethics program is oriented toward affirming ethical values were associated with seven outcomes. Perceptions of a compliance (...) orientation were associated with four of these outcomes. The interaction of values and compliance orientations was associated with employees’ willingness to report misconduct. In general, a values orientation makes a greater unique contribution to the measured outcomes when compared to a compliance orientation. (shrink)

Abstract:This paper outlines three conceptions of the relationship between normative and empirical business ethics, views we refer to asparallel, symbiotic, andintegrative. Parallelism rejects efforts to link normative and empirical inquiry, for both conceptual and practical reasons. The symbiotic position supports a practical relationship in which normative and/or empirical business ethics rely on each other for guidance in setting agenda or in applying the results of their conceptually and methodologically distinct inquiries. Theoretical integration countenances a deeper merging ofprima faciedistinct forms of (...) inquiry, involving alterations or combinations of theory, metatheoretical assumptions, and methodology. This paper explicates these positions, summarizes arguments for and against each, and considers their implications for the future of business ethics research. (shrink)

While models of business ethics increasingly recognize that ethical behavior varies cross-culturally, scant attention has been given to understanding how culture affects the ethical reasoning process that predicates individuals' ethical actions. To address this gap, this paper illustrates how culture may affect the various components of individuals' ethical reasoning by integrating findings from the cross-cultural management literature with cognitive-developmental perspective. Implications for future research and transnational organizations are discussed.

This paper summarizes the findings of a three-year exploratory qualitative study of teenage childbearing in 20 low-income multigeneration black families. Teenage childbearing in these families is part of an alternative life-course strategy created in response to socioenvironmental constraints. This alternative life-course strategy is characterized by an accelerated family timetable; the separation of reproduction and marriage; an age-condensed generational family structure; and a grandparental child-rearing system. The implications of these patterns for intergenerational family roles are discussed.