Have you ever heard the phrase "It's easier to ask forgiveness than permission?" Violating consent isn't limited to sexual relationships, and our discussions around consent shouldn't be, either. To resist rape culture, we need a consent culture--and one that is more than just reactionary. Left confined to intimate spaces, consent will atrophy as theory that is never put into practice. The multi-layered power disparities of today's world require a response sensitive to a wide range of lived experiences. In Ask, Kitty (...) Stryker assembles a retinue of writers, journalists, and activists to examine how a cultural politic centered on consent can empower us outside the bedroom, whether it's at the doctor's office, interacting with law enforcement, or calling out financial abuse within radical communities. More than a collection of essays, Ask is a testimony and guide on the role that negated consent plays in our lives, examining how we can take those first steps to reclaim it from institutionalized power. (shrink)

Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, I (...) believe that both approaches are misguided. There is no such thing as a single “principle of legality;” yet, the four aforementioned rules are not unrelated to each other. The so-called “principle of legality” consists of two distinct norms that derive, respectively, from two fundamental principles of criminal justice, viz., the principle, “No person shall be punished in the absence of a bad mind,” and the principle that underlies the maxim, “Every person is presumed innocent until proven guilty.” The first norm of legality explains the rules regarding ex post facto legislation, and rules regarding “notice” and “fair warning” of judicial decisions. When a person is punished for violating a rule that was non-existent or unclear at the time he acted, he is punished for conduct that the state now condemns and seeks to prevent by means of penal sanctions. Accordingly, at the time the person is prosecuted, his claim is not that he did not do anything that the state regards as wrong, but, rather, that he neither knew nor should have known that he was doing something that the state would come to regard as wrong. He ought, indeed, to be excused for his mistake, but only because of a principle that is common to excuses generally: “No person ought to be punished in the absence of a guilty mind.” He should be excused because even when a person does something the state condemns and seeks to prevent, he ought not to be blamed for it unless he was motivated in a certain way, namely, by an attitude of disrespect for the legitimate interests of the political community by whose norms he is bound.The second norm of legality informs several of the remaining rules, though not all of them. The second norm is that a person ought not to be punished in the name of a political community unless it can confidently be said that the community officially regards his conduct as warranting the criminal punishment at issue. It is a norm that is most commonly associated with the rule of lenity, but it is not confined to the construction of statutes that are ambiguous or vague. It can also be also violated when a person is punished for violating a statute that has fallen into desuetude, regardless of how widely promulgated or narrowly defined the statute may be. This second norm derives from a principle that also underlies the presumption of innocence - the only difference being that the presumption of innocence is a preference for acquittal in the event of uncertainty regarding the facts which an actor is charged, while the second norm of legality is a preference for acquittal in the event of uncertainty regarding the scope of the offense which he is charged.Nevertheless, one “rule” remains that this analysis throws into question - namely, the rule that “vague” criminal statutes are void. Criminal statutes are sometimes so broadly defined that they do, indeed, infringe constitutionally protected rights of speech, movement, etc. - in which event they ought to be invalidated on those very grounds. And criminal statutes are sometimes so broadly drafted that, before applying them, courts ought to construe them to apply only to constitutionally unprotected acts that courts can confidently say the relevant political community regards as warranting punishment. But once statutes are so construed to apply only to constitutionally unprotected conduct, courts have no further reason to invalidate them on grounds of “vagueness.” Lack of “notice” is no reason to invalidate them because, with respect to the narrowly defined conduct such statutes are construed to prohibit, “common social duty” alone ought to alert actors that their conduct is suspect. (shrink)

In this paper, I present a two-pronged argument devoted to defending the type-identity theory of mind against the argument presented by Kripke in _Naming and Necessity_. In the first part, the interpersonal case, I show that since it is not possible to establish the metaphysical conditions for phenomenal identity, it is not possible to argue that there can be physical differences between two subjects despite their phenomenal identity. In the second part, the intrapersonal case, I consider the possibility of (...) imagining one and the same individual having the same phenomenal state while counterfactually being in very different physical states. I argue that this case should respect Kripke’s implicit theory of personal identity—but this proves to be a very difficult task to accomplish, thus preventing the argument from getting off the ground. Therefore, I maintain, that the type-identity theory is still the better option to solve the mind–body problem. (shrink)

The wishes of registered organ donors are regularly set aside when family members object to donation. This genuine overruling of the wishes of the deceased raises difficult ethical questions. A successful argument for providing the family with a veto must (a) provide reason to disregard the wishes of the dead, and (b) establish why the family should be allowed to decide. One branch of justification seeks to reconcile the family veto with important ideas about respecting property rights, preserving autonomy, and (...) preventing harm. These arguments are ultimately unsuccessful. Another branch of arguments is consequentialist, pointing out the negative consequences of removing the veto. Whether construed as concerning family distress or as a potential drop in the organs available, these arguments are unsuccessful; the first fails to recognize the tremendous distress associated with waiting for an organ, while the second has little supporting evidence. A final section considers and rejects whether combining some of the arguments just examined could justify the family veto. We should thus remove the family veto in organ donation. (shrink)

In a well-known paper, Bernard Williams argues that an immortal life would not be worth living, for it would necessarily become boring. I examine the implications for the boredom thesis of three human traits that have received insufficient attention in the literature on Williams’ paper. First, human memory decays, so humans would be entertained and driven by things that they experienced long before but had forgotten. Second, even if memory does not decay to the extent necessary to ward off boredom, (...) once-satisfied desires often return after a sufficient period of time. Eternity would always contain sufficient time for our desires to rejuvenate. Third, even if too many of our desires were satisfied but not yet rejuvenated, we can expect that human ingenuity would continue to invent new pursuits, pastimes, careers, and ways of life that would prevent us from becoming bored as we moved from one to another. Finally, I consider and respond to several objections, including the claims that as much variety as I propose to be put into an eternal life is inconsistent with having one character throughout one’s life and that the sort of character change and memory decay I postulate is inconsistent with personal identity. (shrink)

I shall discuss only one of Nicholas Agar's main claims,1 namely ‘that the bad consequences/of moral status enhancement/are, in moral terms, so bad that a moderate probability of their occurrence makes it wrong not to seek to prevent them’. His other main claim, which I grant, is that moral status enhancement to the effect of creating beings with a moral status higher than that of persons—post-persons—is possible. My chief objection to Agar's argument is that it is biased in favour of (...) persons. This comes out when he sums it up: ‘the creation of post-persons would be a morally bad thing. It is likely to impose significant penalties on mere persons’. Suppose it is true that the creation of post-persons will impose such significant penalties on mere persons that they are worse off than they were before the creation of post-persons. Then it follows that the creation of post-persons is bad for mere persons, but it does not follow that it is bad overall. This follows only if it is not the case that post-persons receive benefits to an extent that morally outweighs the burdens to mere persons. As far as I can see, Agar does not show this—that is why I think he is biased towards mere persons, and simply assumes that what is bad for them is bad overall.I have, in fact, been too concessive to Agar …. (shrink)

Trafficking in persons is a multi-sided phenomenon accompanying the current migration flows, therefore, the actions that must be undertaken in order to prevent, combat the phenomenon as well as to assist the victims of trafficking require a large partnership between all the actors involved: international organisations, governmental institutions and representatives of civil society. The special psychological, ethical issues raised especially by trafficking prevention and assistance to victims make the church and various religious organisations play a very important role in the (...) corresponding networks at both international and national level. Even if the integration of the church in the networks fighting against trafficking in persons has been quite largely addressed worldwide, there are but few studies undertaken in Romania in this area. Our paper opens the room for dialogue among the researchers interested in this topic from an interdisciplinary perspective to discuss the possibilities to establish sustainable partnerships between the state and the church against rafficking in persons. With this aim in view, we have first carried out a quantitative analysis of the scope and dynamics of trafficking in persons in Romania focusing on the victims’ profile by exploitation type. The main socio-demographic characteristics (gender, age, schooling, area of origin) have been considered in order to identify the vulnerability factors related to the risk involved by trafficking, both at national and regional level. We have also examined the responses in legislative and institutional terms, with a special emphasis on the collaboration between the state and the church in preventing and combating trafficking in persons. Of special relevance are the conclusions resulted from the field research undertaken in the area covered by the Diocese of Maramures and Satu Mare. (shrink)

I first offer an account of serious crime that goes beyond victimizing crimes committed by individuals against other individuals. This approach extends the well-known framework offered by von Hirsch and Jareborg that relates seriousness of crime to different standards of living that can be enjoyed by victims of crime as the result of crime. The revised account of serious crime is then related to the idea of preventing serious crime by the introduction of offences consisting of steps in the (...) preparation of serious crime. (shrink)

Many religious freedom laws provide exemptions to persons who refuse to comply with certain laws on religious grounds. But these exemptions are increasingly used (by claimants and others) to advance political goals. For example, religious freedom lawsuits helped to undermine the Affordable Care Act’s guarantee of coverage for contraceptives. And the recent Masterpiece Cakeshop case was part of a broader effort to protest the right to same-sex marriage. This paper argues that the state should not grant religious exemptions when they (...) are used to advance political goals. A religious exemption creates a legal inequality between citizens that can only be justified if the protection is not used politically. As such, the state should ensure that laws providing religious exemptions are written, interpreted, and enforced so as to prevent their political misuse. (shrink)

One of the proofs expressing certain knowledge in fiqh method is ijma. There are hardly any scholars who do not accept that ijma is evidence. It is reported that the first person who objected to this was Mu'tazilî İbrahim en-Nazam. The group that does not accept it as a sect are the scholars who belong to the Imamiyya. It is possible to say that mujtahid scholars have been unanimous since the first period mujtahids on the fact that ijmā is (...) evidence, with a few exceptions. Although there is no significant disagreement about the fact that ijma is evidence, the scholars differed on the details of ijma's types, conditions, proofs, and the number of people who would agree on ijma. One of the issues discussed by the scholars of the methodology is the effect of ijmaa when one or more people oppose the majority of the mujtahids. While some of the methodists think that the opposition of the minority against the alliance of the majority will not harm the ijma, the majority of them argue that all mujtahids must be of the same opinion in order for the ijma to be formed. Basically, it can be said that these two approaches argue with each other, but there are also proceduralists who deal with the issue differently. Some scholars take into account the attitude of the majority towards them in an issue opposed by one or a few people. According to these scholars, if the majority does not oppose the opinion of the minority, then ijma cannot be mentioned. Because this shows that the majority also respect the opposing view. If the majority does not respect or even oppose the opinion of the minority, then the consensus of the majority becomes ijma.The arguments generally used in these discussions are the same. Usulists defend their theses based on the opposing views of some of the Companions, especially Ibn Abbas. Those who do not see the opposition of the minority as an obstacle to ijma, argue that although one or more of the Companions had dissenting views, as in the example of Ibn Abbas on riba and mut'a, the consensus of the other Companions is the ijma of the scholars. Likewise, those who argue that this is an obstacle to ijma, as well as Ibn 'Abbas's opposition to the opinion of the populace on awl, was an obstacle to the formation of ijma on an issue agreed by the other Companions.This study deals with the discussions and the arguments used by the parties. However, firstly, the information value and conditions of ijma, which is thought to be closely related to these discussions, are briefly presented. In the study, the explanations of the scholars of different sects, who were not content with the works of a certain school, were examined and tried to be evaluated. As a result, it should be noted that it is the prevailing view that the opposition of the minority against the majority will prevent the formation of ijma, based on the conditions put forward in order for ijma to be conclusive evidence. However, it has come to the conclusion that whether the opposing view of the minority is taken into account by other scholars is effective in the formation of ijma. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:WORKING WARFARE AND ITS RESTRICTIONS IN THE JEWiSH TRADITION Reuven Kimelman Brandeis University The test case for any political theory of checks and balances is war. It also tests the outer limits of the ethical deployment of power. I. Types of Wars The Jewish ethics of war focuses on two issues: its legitimation and its conduct. The Talmud classifies wars according to their source oflegitimation. Biblically mandated wars are (...) termed mandatory (milhemet mitzvah or milhemet hovah). Wars undertaken at the discretion of the Sanhédrin are termed discretionary (milhemet reshut). There are three types of mandatory wars: Joshua's war of conquest againstthe seven Canaanite nations, the war againstAmaleq, anddefensive wars against an already launched attack. Discretionary wars are usually expansionary efforts undertaken to enhance the political prestige of the government or to secure economic gain. The first type of mandatory war is only of historical interest as the Canaanite nations lost their national identity already in ancient times. This ruling, which appears repeatedly in rabbinic literature, is part ofa tendency to blunt the impact of the seven-nations policy. The Bible points out that these policies were not implemented even during the zenith of ancient Israel's power (Kings 9:20; 2 Chr 8:7-9; see also Judges 1:21-33, Ps 106:34). Indeed, an ancient Midrash explicitly excludes the possibility of transferring the seven-nations ruling to other non-Jewish residents of the Land ofIsrael. Maimonides is just as explicit in emphasizing that all trace 44Reuven Kimmelman of them has vanished. By limiting the jurisdiction of the seven-nations ruling to the conditions ofancient Canaan it was effectively removed from the postbiblical ethical agendaand vitiated as aprecedent forcontemporary practice. The second category ofmandatory war, against Amaleq, has also been rendered operationally defunct by comparing them with the Canaanites, or by postponing the battle to the immediate premessianic struggle, or by viewing them as a metaphor for genocidal evil. The two remaining categories, reactive defensive wars (which are classified as mandatory) and expansionary wars (which are classified as discretionary) remain intact. So, for example, King David's response to the Philistine attackaredesignated mandatory, whereashis wars "to expandthe border of Israel" are designated discretionary. Intermediate wars such as preventive, anticipatory, or preemptive defy so neat a classification. Not only are the classifications debated in the Talmud, but commentators disagree on the categorization of the differing positions in the Talmud. The major clash occurs between the eleventh century Franco-German scholar Rashi and the thirteenth century Franco-Provencal scholar Meiri. According to Rashi, the majority position considers preemptive action to be discretionary whereas the minority position expounded by Rabbi Judah considers it to be mandatory. According to Meiri, a preemptive strike, against an enemy who it is feared might attack or who is already known to be preparing for war is deemed mandatory by the majority ofthe rabbis, but discretionaryby Rabbi Judah. Accordingly, Rabbi Judah defines a counterattack as mandatory only in response to an already launched attack. A similar reading of Maimonides also limits the mandatory classification to a defensive war launched in response to an attack. With these distinctions between mandatory and discretionary wars in mind, we should be able to investigate the Jewish concerns with the problematics ofwarby focusing on preemptive strikes, declarations ofwar, ethics of warfare, and draftability. II. Preemptive Strikes as Self-Defense Not only Machiavellians view the security and survival ofthe state as nonnegotiable. National self-defense is as much amoral right as is personal self-preservation. Whereas it is clear that offensive war cannot be subsumed under the inalienable right of self-defense, the moral status of pre-emptive attacks is not as clear. Is the moral category of self-defense Working Warfare and Its Restrictions in the Jewish Tradition 45 limited to an already launched attack? The majority talmudic position, according to Rashi, and that of Rabbi Judah, according to Meiri, would answer in the affirmative. Their position is seconded by Article 51 of the United Nations Charter, which states: "Nothing in the present Charter shall impair the inherentright ofindividual ofcollective self-defense ifan armed attack occurs against a member." The minority position of Rabbi Judah, according to Rashi, and the... (shrink)

Preventive use of force may be defined as the initiation of military action in anticipation of harmful actions that are neither presently occurring nor imminent. This essay explores the permissibility of preventive war from a cosmopolitan normative perspective, one that recognizes the basic human rights of all persons, not just citizens of a particular country or countries. It argues that preventive war can only be justified if it is undertaken within an appropriate rule-governed, institutional framework that is designed to help (...) protect vulnerable countries against unjustified interventions while also avoiding unacceptable risks of the costs of inaction. The key to ensuring the fairness of rules governing the preventive use of force is accountability.This essay proposes a scheme that would make those promoting and those rejecting the preventive use of force more accountable. The proposal contains the following crucial features:States proposing preventive war are required to enter into a contract with a diverse body of states as a condition for authorization of their actions;Prior to taking preventive action, states must make an evidence-based case to the UN Security Council, and agree in advance to submit themselves to an evaluation by an impartial body after the preventive action occurred;Both proponents of action and those opposing it will be held accountable ex post for the accuracy of their prior statements and the proportionality of their actions;Sanctions will be imposed against intervening states or states that opposed preventive action, respectively, depending on the findings of the ex post evaluation.If preventive action were blocked in the Security Council, states seeking to engage in preventive action could then present their case in a different body–a coalition of democratic states–with its own ex post and ex ante accountability procedures. (shrink)

While the Prophet's articulation of the message of tawhid resulted in the clustering of his followers around him, it also led to reactions from the majority of his interlocutors. At first, he was tried to be discouraged by not taking his message seriously or by humiliating him, and when it was seen that his followers increased over time, he was tried to be prevented by harsher methods. The polytheists claimed that the Prophet was a magician who spoke incantations from his (...) mouth, a liar who reported news he had learned from others as if it had been revealed to him, and a person who made statements contrary to the religion of ancestors because he had lost his sanity and needed to be treated. In this context, this article deals with the slander of the polytheists that the Prophet was a "majnun" and tries to understand what they meant by this claim. When the translations of the Qur'anic verses that remind us of the allegations of the polytheists are taken into consideration, it is seen that most of the translations give the word "majnun" the meaning of "madness". When we examine the meaning attributed to the expression by the Jahiliyyah Arabs, the word takes on a completely different meaning, and it is understood that the polytheists meant that the word revealed to the Prophet was taught to him not by Allah but by the jinn whom he had befriended. (shrink)

In 21st century America, personhood is under daily assault, sometimes with dire consequences. Scientist, ethicist, and ordained minister Craig C. Malbon encourages the reader to consider such assaults on personhood endured by victims of abortion, ageism, Alzheimer's disease, drug addiction, mental and physical disabilities, gender, gender orientation, racism, sexual preference, identity politics, and our will-to-power over the "other." In exploring personhood status, Malbon poses difficult questions for us. Is personhood assigned as all-or-nothing, or is it a sliding scale based upon (...) criteria arbitrarily aimed at our vulnerabilities? Does the voiceless embryo and fetus have advocates who can speak to the moral question of abortion? Is the personhood of an economically insecure pregnant woman degraded to the point where lack of access to early termination of pregnancy results in "coercive childbearing?" Does being a member of the LGBTQI+ community target one for assaults on personhood, to the extreme of being killed? In delving into the biology and psychology of assaults of "self" upon the "other," Malbon sees powerful linkages of everyday assaults on personhood to darker, profound "original sins" that are foundational to the rise of the American empire, i.e., assaults on the indigenous Native Americans and assaults derivative to the institution of slavery upon Africans, African Americans, and their descendants. (shrink)

The move to satisficing has been thought to help consequentialists avoid the problem of demandingness. But this is a mistake. In this article I formulate several versions of satisficing consequentialism. I show that every version is unacceptable, because every version permits agents to bring about a submaximal outcome in order to prevent a better outcome from obtaining. Some satisficers try to avoid this problem by incorporating a notion of personal sacrifice into the view. I show that these attempts are unsuccessful. (...) I conclude that, if satisficing consequentialism is to remain a position worth considering, satisficers must show (i) that the move to satisficing is necessary to solve some problem, whether it be the demandingness problem or some other problem, and (ii) that there is a version of the view that does not permit the gratuitous prevention of goodness. (shrink)

The pre-trial detention of individuals charged with crimes is viewed by many legal scholars as problematic. Standard arguments against it are that it constitutes legal punishment of individuals not yet convicted of crimes, violates the presumption of innocence, and rests on dubious predictions of future crime. I defend modified and restrained forms of pre-trial detention. I argue that pre-trial detention could be made very different than imprisonment, should be governed by strict criteria, and is warranted, when the evidence of (...) danger is convincing. I contend that the presumption of innocence does not preclude us from doing many other things to criminal suspects and defendants that imply their guilt. Finally, I dispute arguments designed to show that pre-trial detention can be justified to prevent absconding or interferences with the course of justice, but not to prevent other, and sometimes much more serious, offenses. (shrink)

The chapter focuses on cases of assisted suicide and voluntary euthanasia in relation to the rarely discussed notion of indirect paternalism. Indirect paternalism involves not just a paternalistic intervener and a person whose welfare is supposed to be protected, but also another party, whom I call “assistant.” Indirect paternalism interferes with an assistant in order to prevent harm to another person. I will introduce a strategy that paternalists can pursue to justify indirect paternalism. It specifically targets an element (...) of assistance cases, namely the fact that people do not necessarily have a justified claim or entitlement to demand such assistance. To prevent people from providing assistance seems normatively different from preventing a person to do something to herself by her own means. I critically discuss arguments from the goals of medicine and from the conscientious objection. These aspects are not deemed decisive when considering the case of indirect paternalistic intervention. Finally, I argue against the rationale of indirect paternalism by showing that there are at least two situations where it does not succeed. One such situation that undermines the justification of indirect paternalism is present when the offered service is itself harmless, another pertinent situation consists of a person necessarily requiring assistance to be really free. At least in some cases, these very conditions are given when contemplating assistance to die. (shrink)

Vaccines represent preventative interventions amenable to immunogenetic prediction of how human variability will influence their safety and efficacy. The genetic polymorphism among individuals within any population can render possible that the immunity elicited by a vaccine is variable in length and strength. The same immune challenge (virus and/or vaccine) could provoke partial, complete or even failed protection for some individuals treated under the same conditions. We review genetic variants and mechanistic relationships among chemokines, chemokine receptors, interleukins, interferons, interferon receptors, toll‐like (...) receptors, histocompatibility antigens, various immunoglobulins and major histocompatibility complex antigens. These are the targets for variation among macrophages, dendritic cells, natural killer cells, T‐ and B‐lymphocytes, and complement. The technology platforms (mRNA, viral vectors, proteins) utilized to produce vaccines against SARS‐CoV‐2 infections may each trigger genetically distinct immune reactogenic profiles. With DNA biobanking and immunoprofiling of recipients, global COVID‐19 vaccinations could launch a new era of personalized healthcare. (shrink)

If a state with liberal political and justificatory commitments extends benefits of various kinds to persons forming families, what qualifications may such a state place on the right to access to those benefits? I will make two assumptions for the purposes of this paper. The first is the political and justificatory terrain of some form of political or otherwise non-perfectionist liberalism. The assumption is that we are considering the resources and limitations of a community of persons who accept moral pluralism (...) (if not a specific doctrine like the "burdens of judgment"), some priority for individual freedom, and the obligation to justify public coercion and exclusion in terms accessible and fair to all members of morally and culturally diverse society. The second is that it is justified for a liberal state to recognize some forms of domestic partnerships or families in the first place and extend further benefits to them such as tax credits or laws extending (or facilitating the extension of) medical or social insurance. It is, of course, possible to imagine the argument that the liberal state gets out of the marriage business by getting out of it entirely - by extending no recognition or positive rights to families whatsoever beyond negative non-interference rights. I am interested in the dilemma of a society broadly like existing liberal ones which is committed both to subsidizing families and also to justificatory neutrality (expressed in American constitutional legal terms as the requirement of providing a "rational basis" for unequal treatment). Given these assumptions, I believe that the most justifiable policy on liberal grounds is not the institution of "marriage" increasingly open to new constituent relationships but rather a status of "registered domestic partnership" which fulfills the social and moral aims behind subsidizing the family but is entirely neutral not only to the gender or even to the numbers of the partners, but also to the affective and emotional content of domestic life and the purposes behind contracting domestic partnerships. So is there a right to polygamy and incestuous marriage? There is not a specific right to either and thus there is no a priori reason why some restrictions or even prohibitions on them might not be justified, but the same is true for every specific act where a general right to the freedom exists. I argue in this paper, however, that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. I argue that objections to polygamy from (1) female autonomy, (2) damage to children, (3) fairness in the marital market, and (4) the unfair burdening of society are serious and worth refuting, but do not establish a victorious case against multi-member relationships. As to incest, there are two separate questions. The first is whether the new institution of "registered domestic partnerships" should be open to them. The answer to that, given the state's lack of interest in citizens' reasons for forming partnerships and in what they do whilst being registered in one, is clearly "yes." The second is whether, entirely separate from the issue of legal recognition of domestic partnership, the state has a legitimate rational interest in deterring, preventing or punishing consanguineous sexual relations between close blood relations (first-degree incest). Here, the objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

Recent evidence confirming that the administration of antiretroviral drugs (ARVs) to HIV-infected persons may effectively reduce their risk of transmission has revived the discussion about priority setting in the fight against HIV/AIDS. The fact that the very same drugs can be used both for treatment purposes and for preventive purposes (Treatment as Prevention) has been seen as paradigm-shifting and taken to spark a new controversy: In a context of scarce resources, should the allocation of ARVs be prioritized based on (...) the goal of providing treatment, or on the goal of preventing the spread of the HIV epidemic? Contributions to this discussion tend to assume that treatment and prevention constitute two divergent goals that entail conflicting priorities. We challenge that assumption on the basis of both conceptual and empirical examination. We argue that, as far as the provision of ARVs to HIV-infected persons is concerned, the goals of treatment and prevention do not entail conflicting priorities; to the contrary, they dictate converging strategies for the optimal allocation of ARVs. In light of the current evidence, the concept of Treatment as Prevention can indeed be seen as paradigm-shifting, yet in a novel way: Rather than extending the tension between the goals of treatment and prevention to the level of drug-allocation, it dissolves this tension by providing a rationale for a unified strategy for allocating ARVs. (shrink)

Aldehyde dehydrogenase 2 (ALDH2) deficiency constitutes one of the most common hereditary enzyme deficiencies, affecting 35% to 40% of East Asians and 8% of the world population. It causes the well-known Asian Alcohol Flush Syndrome, characterized by facial flushing, palpitation, tachycardia, nausea, and other unpleasant feelings when alcohol is consumed. It is also associated with a marked increase in the risk of a variety of serious disorders, including esophageal cancer and osteoporosis. Our recent studies with murine models have demonstrated that (...) a one-time administration of an adeno-associated virus (AAV) gene transfer vector expressing the human ALDH2 coding sequence (AAVrh.10hALDH2) will correct the deficiency state and prevent alcohol-induced abnormalities of the esophagus and bone. If successful in humans, such strategy would reduce the increased risk-associated disorders such as esophageal cancer and osteoporosis, but also prevent the Asian Alcohol Flush Syndrome. This treatment thus raises ethical concerns: although it would potentially prevent fatal disease, it could also allow affected individuals to drink alcohol without suffering the Asian Alcohol Flush Syndrome and, hence, potentially enable personal destructive behavior. Here we explore the ethical arguments against the development of a gene therapy for ALDH2 deficiency and we find them wanting. We contend that development of such treatments is ethically appropriate and should be part and parcel of the solutions offered against the condition. (shrink)

With the growing focus on prevention in medicine, studies of how to describe risk have become increasing important. Recently, some researchers have argued against giving patients “comparative risk information,” such as data about whether their baseline risk of developing a particular disease is above or below average. The concern is that giving patients this information will interfere with their consideration of more relevant data, such as the specific chance of getting the disease (the “personal risk”), the risk reduction the (...) treatment provides, and any possible side effects. I explore this view and the theories of rationality that ground it, and I argue instead that comparative risk information can play a positive role in decision-making. The criticism of disclosing this sort of information to patients, I conclude, rests on a mistakenly narrow account of the goals of prevention and the nature of rational choice in medicine. (shrink)

One of the most important problems of Muslim societies and humanity is the conflicts and troubles among spouses and between parents and their children in the family. problems. Research is carried out and answers are sought for the solution of these problems, but the dissolution in families cannot be prevented and the divorce rate increases day by day. Besides being a prophet, the Messenger of Allah (pbuh) is a servant of Allah and a human being. It is seen that there (...) were problems in the homes of the Prophet (pbuh), both between him and his wives, and among his wives. Since the creation of human beings has not changed, the Prophet's (pbuh) attitudes and solutions to these problems are important for the solution of family problems happening today. It is seen that the Messenger of Allah (pbuh) reacted to these problems and discussions far above his age and he treated his wives and solved the problems as modern researchers and scientists recommend in the recent world. The purpose of sending the Messenger of Allah (pbuh) is to convey the religion of Allah to people. For this reason, he was given orders regarding the most private matters of his private life when appropriate. Human's happiness in this world and in the hereafter can only be achieved by recognizing this perfect example. This can be achieved by learning about his personality as an individual and his family life as a family. The conflict of values among spouses in the family, life perspective, personality and priority differences are the basis of the problems. In addition, changes in personality especially after marriage, loss of love and respect for each other, and jealousy are the main situations that harm marriage. Many marriages end because of miscommunication. There are many people who try to solve problems by being cold towards their spouse and taking a stand towards him/her. If a man is married to many women, as in the example of the Prophet (pbuh), the main problem he encounters is jealousy and the resulting unrest. In a family, there are joyful and happy moments as well as unhappy moments and times. It is very natural for family members to quarrel with each other and to have disagreements among them. The Prophet's family is not far from it. The wives of the Messenger of Allah (pbuh) are not ordinary people, but women who are either at the forefront of their tribe with their ancestry, intelligence and beauty, or who are one step ahead with their conversion to Islam and their services. According to the laws of God, the same poles repel each other, while the opposite poles attract each other. They are all very precious and it is perfectly natural for a repulsion force to develop between them. It is necessary to think of the Prophet's (pbuh) houses as a school. The state of our mothers when they entered that house is not the same as the degree they reached when the Prophet (pbuh) passed away. Differences of opinion and conflicts between members of the family, deterioration of the balance in relations, and weakening of solidarity are among the events seen in every family. The Prophet (pbuh) was able to have controversies with his wives, even if it was a rarely example. However, in these discussions, it is seen that he does not allow violence and tries to solve the issues patiently and by talking to each other, and sometimes asks for help from his close circle or relatives of his spouses. ʿĀʾIs̲h̲a is the most prominent among the wives of the Messenger of Allah, except for Khadija. She himself knew this and was voicing this claim against the other wives of the Messenger of Allah (pbuh). When the Prophet (pbuh) married Umm Salama, people talked about his beauty. ʿĀʾIs̲h̲a, who heard these praises, was very upset about the new rival who came to her. With Zaynab bt. ḎJ̲aḥs̲h̲ stepping into the house of the prophet, the balances changed and a fierce rivalry began between her and ʿĀʾIs̲h̲a. Just as ʿĀʾIs̲h̲a was proud of her superiority, Zaynab began to brag about her superiority. ʿĀʾIs̲h̲a had a special place among the wives of the Prophet. This was evident from the fact that the Messenger of Allah (pbuh) said at every opportunity that he loved him very much. The Messenger of Allah (pbuh) did not hesitate to express this either. When the Prophet (pbuh) went on an expedition, he would treat his wives fairly and draw lots so that he would not cause hatred or envy among them. When the lottery went out to another wife besides ʿĀʾIs̲h̲a, the dissatisfaction on his face could be felt. Among his other wives, the Prophet tried to protect and watch over his wife, Safiyya, at every opportunity, which he felt was strange because he was later included among them and was of Jewish origin. Although Mariye was a slave, she became one of the envied women among the wives of the Prophet after she gave birth to her son Ibrahim to the Messenger of Allah (pbuh). Undoubtedly, it was ʿĀʾIs̲h̲a who envied him the most. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The 2003 Meeting of the Society for Buddhist-Christian StudiesFrances S. AdeneyThe 2003 meeting of the Society for Buddhist-Christian Studies was held in Atlanta, Georgia, 21-22 November 2003. This year's theme was "Overcoming Greed: Christians and Buddhists in a Consumeristic Culture." During the first session panelists Paula Cooey, Valerie Karras, and John Cobb, whose paper was read by Jay McDaniel, presented Christian views and Stephanie Kaza gave a Buddhist response. (...) The second session mirrored the first with panelists Kenneth Kraft, David Barnhill, and Judith Simmer-Brown presenting Buddhist views on the theme and Paul Knitter responded with a Christian analysis.Cooey began the discussion by outlining her thesis that overcoming greed depends on overcoming fear. She asserted that people buy out of fear thus perpetuating a system of greed. The consequences of fear support the cultural myth of upward mobility—there is no way to go but up. The exploitation of fear then produces goods benefiting those at the top of the economic system. This system also produces consequences for human rights as cultural fear leads to laws that thwart due process, for example, the Patriot Act.An alternative Christian view understands desire to be culturally produced—sin upsets the natural order; God redeems. Christian transformation requires dissent against the underlying greed that supports the cultural system.Christianity arose as a movement of dissent, a countercultural movement. That trajectory of dissent has continued through the centuries. Although early Calvinists were noted for linking personal wealth with election, the Mennonites and Anabaptists created better models for practicing dissent. Those communities are based in an economy of grace, supported by an underlying ethic of the ability to give as a gift of grace. This economy, for Christians, is mediated by Jesus of Nazareth and allows for transformation toward becoming greedy for God.Valerie Karras illumined the differences in Christian traditions by her analysis of the difference in anthropology between Eastern and Western Christian theologies. The community model of Eastern Christianity is hostile to the individualism of Western consumerism. Instead, in this model, greed is recognized as a fallen passion, the consequence of separation from God. The two aspects of greed in this view are [End Page 231] acquisitive lust: the desire for control, and desire for the physical acquisition of things.Karras used Clement of Alexandria and John Chrysostom as examples of theologians that criticized the rich and encouraged Christians to use their wealth for the poor. In this view, overcoming greed involves a spiritual process. Virtue can be cultivated by a proper use of wealth, which in itself has no moral content. It is the misuse of wealth that indicates deeper spiritual problems. Some of those spiritual problems can be alleviated by asceticism: celibacy, almsgiving, fasting, and prayer. Such exercises can provide a means to master the vices—greed, in this case, being the vice at hand.John Cobb's paper argued that a theology of consumerism is deeply embedded in our culture. That theology runs counter to traditional Western Christian teaching that consuming more deprives others. The question one must ask is, Does consumption enhance or detract from the common good? Traditional arguments that too much consumption deprives others were rendered obsolete by the industrial revolution. The new problem is how can demand keep up with production. The argument here is that increased consumption benefits others by preventing downturns in the economy.Unfortunately, Cobb argues, the spiritual costs to this pattern of consumption are tremendous. A class of exploited peasants now produces more goods, but has a better society been created? Increasing poverty in two-thirds of the world, global warming, dehumanizing advertising, and the unsustainability of keeping production at current levels press the issue. Human survival depends on changing consumption patterns. The elite must be forced to give up control and we must recover and emphasize the traditional Christian interpretation of greed as a cardinal sin.To accomplish this, Cobb recommends rejecting consumerism in our personal lives, developing local sustainability projects, and demonstrating another world possibility—another way to live that leads to human flourishing. Buddhist and Christian emphases on overcoming consumerism are complimentary and together can make possible the deep changes that are... (shrink)

In this paper we will be discussing the ethical risks of the transcendental quality of virtual spaces as they apply to digital health, especially in relation to new attempts to construct a “social mediome.” As we will discuss in the following section, phenomenology has raised criticisms against the context-lessness and ethical opacity of technology. The creation of a social mediome seems to come as an answer to this criticism as it creates a context that gives voice and flesh to (...) human beings within their virtual lives. Yet, as we will discuss in this paper, the transcendental quality of this social mediome might involve the risk of normalizing health in a way that would prevent individuals from achieving well-being according to the meaning that they personally attribute to it. (shrink)

Recent evidence confirming that the administration of antiretroviral drugs (ARVs) to HIV‐infected persons may effectively reduce their risk of transmission has revived the discussion about priority setting in the fight against HIV/AIDS. The fact that the very same drugs can be used both for treatment purposes and for preventive purposes (Treatment as Prevention) has been seen as paradigm‐shifting and taken to spark a new controversy: In a context of scarce resources, should the allocation of ARVs be prioritized based on (...) the goal of providing treatment, or on the goal of preventing the spread of the HIV epidemic?Contributions to this discussion tend to assume that treatment and prevention constitute two divergent goals that entail conflicting priorities. We challenge that assumption on the basis of both conceptual and empirical examination. We argue that, as far as the provision of ARVs to HIV‐infected persons is concerned, the goals of treatment and prevention do not entail conflicting priorities; to the contrary, they dictate converging strategies for the optimal allocation of ARVs. In light of the current evidence, the concept of Treatment as Prevention can indeed be seen as paradigm‐shifting, yet in a novel way: Rather than extending the tension between the goals of treatment and prevention to the level of drug‐allocation, it dissolves this tension by providing a rationale for a unified strategy for allocating ARVs. (shrink)

This thesis aims to answer this question: What role is morality to play in life? The answer is an inclusive view of the right life: segments of a right life is either morally justified or justified to oneself. The thesis begins with one of Bernard Williams' argument against morality, appearing in his often misunderstood article "Moral Luck." According to my interpretation, Williams' argument against the supreme authority of morality invokes a rather unfamiliar normative notion, i.e., the notion of (...) self-justification: a morally offensive choice can be justified, overall speaking, by virtue of the fact that the agent is able to justify it to himself. Williams implies that an agent's self-justification carries normative weight with us in the sense that it not just expresses the agent's own attitude toward herself but also has the power to compel our overall attitude toward her. The argument hinges upon a plausible account of self-justification, which is to answer what counts as a self-justification and why it carries any normative weight with us. ;To complete Williams' argument against morality's supreme role in life, I discuss his analysis of two particular cases of self-evaluation: the cases of Gauguin and Anna Karenina. Then, I develop a general conception of self-justification, which takes an agent's self-justification as a result of an authentic way of living. In this conception, an agent can justify a choice to herself if and only if the agent can affirm the choice in light of a personal ideal which she creates and highly confirms, i.e., an ideal expressive of her true self. Thus, an agent who attains self-justification lives up to his true self, or put differently, leads an authentic way of life. ;As to the role of morality in life, my conclusion is that morality does not have supreme authority, but rather should be complemented by each individual's striving for authenticity. In a word, the right life is sought in the interplay between authenticity and morality. (shrink)

The problem of violence in schools causes considerable concern in many countries of the world and in our country as well because of the enormous psychological and physical consequences it brings to children and young people. In literature, research can be found even forty years ago, when this phenomenon was defined as aggressive, deliberate, and persistent action carried out by a group or individual against a victim who cannot be easily defended. More recently, violence is not only considered to (...) be physical, but also violence can also be experiences through social networks, which gives us an additional incentive for its further study, all in order to stand in the way of violence and reduce it as much as possible. This paper studies the theoretical and empirical knowledge about some significant factors that contribute to the occurrence of peer violence, such as: family, school environment and personality characteristics of the bully and the victim. At the end, an overview of effective violence prevention programs from different countries in the world is given. (shrink)

This essay defends a strong right against displacement as part of a basic individual right to secure access to one’s home. The analysis is purposefully situated within the difficult context of climate change adaptation policies. Under increasing environmental pressures, especially regarding water security, there are weighty reasons motivating the forced displacement of persons—to safeguard water resources or prevent water-related disasters. Even in these pressing circumstances, I argue, individuals have weighty rights to secure access to their homes. I explain how (...) the home provides a functional context for conditions of autonomous agency. Being coerced from the home disrupts and subverts the conditions necessary for autonomous processes. I conclude by suggesting that the right to the home could be a foundational element of territorial rights. (shrink)

Governmental response to the 1988 Thames Television documentary Death on the Rock, on the killing of three IRA operatives in Gibraltar, provides a case study for the examination of the British government's alleged attempts at media control. The Stalker affair further suggests this policy. Media restraints in Britain are numerous, including articles in the Emergency Provisions Act, the Prevention of Terrorism Act, the Offenses Against the State Act, and the new Broadcasting Act. It is argued that individual citizens (...) are being deprived of basic human rights on political grounds and the reporting of such abuses is deliberately impeded by the government. (shrink)

This article analyzes the origins of the “responsible corporate officer” doctrine: the trial of Joseph Dotterweich. That doctrine holds that an officer may be personally liable for the criminal act of a subordinate if the officer was, in some indefinite way, able to prevent the violation. Applying this doctrine, the prosecution of Dotterweich entailed strict liability for a strict liability offense. The underlying offenses—the interstate sale of one misbranded and adulterated drug and one misbranded drug—were said to be strict (...) liability offenses. And then, with respect to Dotterweich as the corporation’s general manager, the government argued that he was strictly liable because he stood in “responsible relation” to the company’s acts. The government never tried to prove that the company, Buffalo Pharmacal, was negligent, nor did it try to prove that Dotterweich was negligent in his supervision of the employees of Buffalo Pharmacal. The prosecutor and judge were candid about this theory throughout the trial, although the judge conceded that it seemed bizarre and unfair. The defense lawyer repeatedly sought to inject what became known throughout the trial as the “question of good faith,” but was circumvented at almost every turn. What would thus seem to be the crux of any criminal trial—the personal fault of the defendant—was carefully shorn from the jury’s consideration. The government’s theory was so at odds with intuitive notions of liability and blame that, as one probes into the case, and looks at the language used in the government’s appellate briefs, imputations of moral fault inevitably crept in. Yet the government was not entitled to make such accusations, as it had pruned moral considerations from the trial. The article argues that the responsible corporate officer doctrine can never enjoy a secure place in our legal system. First, the doctrine is at a minimum in tension with, and often in direct opposition to, basic principles of the criminal law; and second, the doctrine fails, when followed to its logical conclusions, to accord with basic notions of fair play. The article concludes that the responsible corporate officer doctrine is either unnecessary, in cases in which the evidence establishes personal fault, or unjust, in cases in which it creates liability in the absence of personal fault through the unspecified notion of “responsibility.” The Dotterweich case illustrates what is contemplated by the latter possibility, and why it is problematic in any judicial system that purports, in the words of the Model Penal Code, “to safeguard conduct that is without fault from condemnation as criminal.”. (shrink)

At the heart of the current debate about immigration we find a conflict of convictions. Many people seem to believe that a country has a right to decide who to let in and who to keep out, but quite often they appear equally committed to the view that it is morally wrong to expel someone from within the borders of their country if that would seriously jeopardise the person in question. While the first conviction leads to stricter border controls (...) in an attempt to prevent would‐be immigrants from entering the country illegally, the latter conviction ensures that aliens with a legitimate claim on protection will not be removed forcibly. It is not strange, therefore, that the task of pinning down a morally sound immigration policy is such an elusive enterprise.In this paper I take it for granted that no electorate would be prepared to accept the kind of policy they ought to, and that we in consequence will continue to let in as few immigrants as is currently the case. Given this constraint I argue against two common assumptions concerning a viable immigration policy. First, granted that certain conditions are satisfied, professional smugglers should not face legal sanctions for bringing asylum seekers to a potential host country. Second, countries that limit immigration should not treat people seeking family reunion preferentially or on a par with other immigrants, but rather act so as to maximise the number of refugees allowed to enter. (shrink)

This paper examines two central arguments raised byfeminist theorists against the coherence andconsistency of political liberalisms, a recentrecasting of liberal theories of justice. They arguethat due to political liberalisms'' uncritical relianceon a political/personal distinction, they permit theinstitution of the family to take sexist and illiberalforms thus undermining its own aims and politicalproject. Political liberalisms'' tolerance of a widerange of family forms result in two fatalinconsistences. Firstly, it retards or completelyprevents women from developing the necessary politicalsense of self required for (...) citizenship, and secondly,it prevents children from acquiring the requisitepolitical virtues and sense of justice necessary forthe viability and long-term stability of such asociety. In the paper, I argue that despite theirinitial appeal these feminist criticisms are notcompelling. Firstly, they misunderstand what politicalliberalisms mean by unjust family forms, secondly,they trade on a misunderstanding of thepolitical/personal distinction and, finally, they makequestionable empirical claims about the effects of theilliberal family on a viable political conception ofjustice. (shrink)

This paper examines two central arguments raised by feminist theorists against the coherence and consistency of political liberalisms, a recent recasting of liberal theories of justice. They argue that due to political liberalisms' uncritical reliance on a political/personal distinction, they permit the institution of the family to take sexist and illiberal forms thus undermining its own aims and political project. Political liberalisms' tolerance of a wide range of family forms result in two fatal inconsistences. Firstly, it retards or completely (...) prevents women from developing the necessary political sense of self required for citizenship, and secondly, it prevents children from acquiring the requisite political virtues and sense of justice necessary for the viability and long-term stability of such a society. In the paper, I argue that despite their initial appeal these feminist criticisms are not compelling. Firstly, they misunderstand what political liberalisms mean by unjust family forms, secondly, they trade on a misunderstanding of the political/personal distinction and, finally, they make questionable empirical claims about the effects of the illiberal family on a viable political conception of justice. (shrink)

This paper examines two central arguments raised byfeminist theorists against the coherence andconsistency of political liberalisms, a recentrecasting of liberal theories of justice. They arguethat due to political liberalisms' uncritical relianceon a political/personal distinction, they permit theinstitution of the family to take sexist and illiberalforms thus undermining its own aims and politicalproject. Political liberalisms' tolerance of a widerange of family forms result in two fatalinconsistences. Firstly, it retards or completelyprevents women from developing the necessary politicalsense of self required for (...) citizenship, and secondly,it prevents children from acquiring the requisitepolitical virtues and sense of justice necessary forthe viability and long-term stability of such asociety. In the paper, I argue that despite theirinitial appeal these feminist criticisms are notcompelling. Firstly, they misunderstand what politicalliberalisms mean by unjust family forms, secondly,they trade on a misunderstanding of thepolitical/personal distinction and, finally, they makequestionable empirical claims about the effects of theilliberal family on a viable political conception ofjustice. (shrink)

The terror attacks of September 11, 2001, facilitated a transformation in federal Governance in the United States of America (hereinafter – the USA). The events of that day showed that the counter-terrorism system of the USA was ineffective. Law enforcement agencies failed to prevent terrorist attacks and thus changes were necessary. The most significant transformations were the following: dozens of new laws were passed; the bureaucracy of the US Government was reorganized; a war was launched to eliminate a sanctuary that (...) had existed for half a decade in Afghanistan; the wall that had existed between domestic law enforcement and foreign intelligence was torn down; the rules by which US domestic agencies could collect information, tap phones, and tap email were changed; the efforts of the USA to secure its borders were totally transformed; transportation security was dramatically enhanced. All measures adopted during that first year after the terrorist attacks were implemented very quickly and without careful consideration of the costs and benefits. However, for the USA the year right after September 11 was not a period for thinking twice. It was the year of relentless offensive action against the threats that the USA faced. President Bush announced that the USA will follow a pre-emptive strategy of going after terrorists and the regimes that support them before they attack, not waiting to be attacked. Aforesaid changes greatly affected conditions of human rights in the USA. This article examines the effect on human rights by the new US counter-terrorism measures. (shrink)

Rapid advancements in machine learning techniques allow mass surveillance to be applied on larger scales and utilize more and more personal data. These developments demand reconsideration of the privacy-security dilemma, which describes the tradeoffs between national security interests and individual privacy concerns. By investigating mass surveillance techniques that use bulk data collection and machine learning algorithms, we show why these methods are unlikely to pinpoint terrorists in order to prevent attacks. The diverse characteristics of terrorist attacks—especially when considering lone-wolf terrorism—lead (...) to irregular and isolated footprints. The irregularity of data affects the accuracy of machine learning algorithms and the mass surveillance that depends on them which can be explained by three kinds of known problems encountered in machine learning theory: class imbalance, the curse of dimensionality, and spurious correlations. Proponents of mass surveillance often invoke the distinction between collecting data and metadata, in which the latter is understood as a lesser breach of privacy. Their arguments commonly overlook the ambiguity in the definitions of data and metadata and ignore the ability of machine learning techniques to infer the former from the latter. Given the sparsity of datasets used for machine learning in counterterrorism and the privacy risks attendant with bulk data collection, policymakers and other relevant stakeholders should critically re-evaluate the likelihood of success of the algorithms and the collection of data on which they depend. (shrink)

Since Mill's seminal work On Liberty, philosophers and political theorists have accepted that we should respect the decisions of individual agents when those decisions affect no one other than themselves. Indeed, to respect autonomy is often understood to be the chief way to bear witness to the intrinsic value of persons. In this book, Sarah Conly rejects the idea of autonomy as inviolable. Drawing on sources from behavioural economics and social psychology, she argues that we are so often irrational in (...) making our decisions that our autonomous choices often undercut the achievement of our own goals. Thus in many cases it would advance our goals more effectively if government were to prevent us from acting in accordance with our decisions. Her argument challenges widely held views of moral agency, democratic values and the public/private distinction, and will interest readers in ethics, political philosophy, political theory and philosophy of law. (shrink)

This paper examines two central arguments raised byfeminist theorists against the coherence andconsistency of political liberalisms, a recentrecasting of liberal theories of justice. They arguethat due to political liberalisms' uncritical relianceon a political/personal distinction, they permit theinstitution of the family to take sexist and illiberalforms thus undermining its own aims and politicalproject. Political liberalisms' tolerance of a widerange of family forms result in two fatalinconsistences. Firstly, it retards or completelyprevents women from developing the necessary politicalsense of self required for (...) citizenship, and secondly,it prevents children from acquiring the requisitepolitical virtues and sense of justice necessary forthe viability and long-term stability of such asociety. In the paper, I argue that despite theirinitial appeal these feminist criticisms are notcompelling. Firstly, they misunderstand what politicalliberalisms mean by unjust family forms, secondly,they trade on a misunderstanding of thepolitical/personal distinction and, finally, they makequestionable empirical claims about the effects of theilliberal family on a viable political conception ofjustice. (shrink)

Translated by Drew S. Burk and Anthony Paul Smith. Excerpted from Struggle and Utopia at the End Times of Philosophy , (Minneapolis: Univocal Publishing, 2012). THE END TIMES OF PHILOSOPHY The phrase “end times of philosophy” is not a new version of the “end of philosophy” or the “end of history,” themes which have become quite vulgar and nourish all hopes of revenge and powerlessness. Moreover, philosophy itself does not stop proclaiming its own death, admitting itself to be half dead (...) and doing nothing but providing ammunition for its adversaries. With our sights set on clearing up this nuance, we differentiate philosophy as an institutional entity, and the philosophizability of the World and History, of “thought-world,” which universalizes the narrow concept of philosophy and that of “capital.” We also give an eschatological and apocalyptical cause to this end, of “times” or “ages” rather than those of philosophical practice. Last but not least, it is the Future itself in the performativity of its ultimatum that determines this end times, reversing these times from the Identity the Future accorded to it, withdrawing the thought-world from the lie of its death. Why this style of axioms and oracles, these more or less subtle distinctions, old and debased, with an appeal to the ultimata , to end times and last words? We fight to give, parallel to the concept of Hell, its new theoretical position, for its philosophical return and its non-philosophical transformation. No more so than any other word, Hell is not a metaphor here, just the Principle of Sufficient World. Every man, no doubt, has his “hell” readily available, connivance, control, conformism, domestication, schooling, alienation, extermination, exploitation, oppression, anxiety, etc. We have our little list that the Contemporaries established in the previous century in the same way one used to construct lists of virtues and vices or honors and wealth. They invented it for us without knowing it, for us-the-Futures who have as our responsibility to invent its use. In the Christian and Gnostic tradition, the struggle of the End Times takes place “on earth.” The most sophisticated of believers have it taking place in Heaven as well, above all in Heaven. The various kinds of gnosis imagine infinite falls and vertiginous highs, the vertigo of salvation. On Earth as in Heaven, a hell is available. The Marxists have the law of profit and the control of production, the class struggle Capital imposes on man. The Nietzscheans, the dull grumble of the struggle in the foundations of World and History, the domestication of man, the society of control. The phenomenologists, the capture of being, the most superficial amongst them, the age of suspicion. But all of these “hells” are taken from World, History, Society, and Religion. What we call Hell is no longer of the order of these specific and total intra-worldly generalities, it is both more singular and more universal, no longer being at all of the same order, it is the determinant Identity of these small hells strung out through history but unified here in the name of the last Humaneity. It is even found within the French idiom for hell [ enfer ], en-fer literally means “in-irons.” We are as much “in-irons” as we are “alive” [ en-Vie ]. We believe in Hell but as non-philosophers and it is even because we are non-philosophers that we can believe in it outside of any sort of religion. Hell is less mythological than ideological, it combines philosophizability with universal capital. Under what form? A single term could work for them without being a metaphor or something they would participate in by analogy, a more innovative and conjectural term than control, more universal than profit. It would denote the growing and permanent extortion of a surplus-value of communication, of speed and of urgency in change, in productivity and in work, in the pressure of images and slogans. It would be worse than solicitation, more tenacious than capture, more active and persecutory than control, softer and more insidious than a frontal attack, just as perverse as questioning and accusation, less brutal and offensive than extermination, less ritualized than inquisition, it would be soft and dispersed, instantaneous and vicious, it would be a crime without declared violence. Collusion and conformism, it would be afraid to show itself. Related to rumor, from which it borrows its infinite and tortuous ways. It is harassment. As a modernized form of Hell, perhaps harassment has a long future in front of it, of innocent torture, slow assassination, in short the fall, but radical with no way of recovering and which tolerates only salvation. THE PHILOSOPHICAL PAST OF NON-PHILOSOPHY Non-philosophy is thus Man as the utopian identity of the philosophical form of the World, a utopia destined to transform it. We still have to understand these equations, in particular that of the being-uni-versed from Man, and this book adheres to this by re-exposing non-philosophy in a different way via one of its new possibilities. It uses this opportunity to once again take up formulations that lead to objections answering certain external critics, as well as revisiting diverging interpretations specific to non-philosophers. A portion of this book is devoted to going through these theories via a strict or “lengthy” presentation of non-philosophy, and its defense against more expeditious solutions. This work of rectification is the occasion, merely the occasion, for refocusing non-philosophy on Man (the “Man-in-person,” “Humaneity”), and in a more innovative manner, on its utopian vocation established since the book Future Christ . As for this “occasion,” it is quite obvious. A school of posture, not to say a school of thought, supposes a minimum of closure from the most liberating of knowledge, a heritage, its utilization, and its no less certain dispersal. Within its development, a variety of interpretations will no doubt appear, deviations that are as much normalizations, and a struggle against this multiplication of divergent tendencies. These are perhaps not inevitable evils, especially here, merely a normal development according to the twisting paths of history. But the problem is made worse by the fact that this school of non-philosophers is that of utopia. Not the former attempts devoted to commenting on the worst authoritarian and criminal forms of the past and the present, but utopia as the determinant principle for human life, or to put it another way, of the Future as an irreducible presupposition of (for) thinking the World and History. Non-philosophers are engaged in an aleatory navigation between the respect for the most rigorous utopia, whose rules are not that of the reproductive imagination but those from the Future determining imagination itself, as well as the temptations, diversions, and remorse of history. Little by little, we will begin to understand that the Future as we understand it no longer has any temporal consistency or positive content, without being an empty form or a nothingness, but that it is foreclosed to past and present History, just as it is foreclosed to the place of places, the World, and that it is the only method for establishing the practice of thinking in a non-imaginary instance. Because it is the World and History that are imaginary and have a terrible materiality, it is not necessarily utopia. We will overlap two objectives here: the defense of non-philosophy against the (non-) philosophers that we are, only occasionally, and the introduction of philosophy to a rigorous future. Together they set out to definitively render, without any possible return to philosophical conformism or towards the facilities of the past and present, the non-philosophical enterprise understood as utopia or uchronia. Imagination and speculation, left to themselves and thus undistinguished, are quite good for participating in the grand game of History but have little value or worse for the Future which is unimaginable and unintelligible and must be maintained as such. MAN-IN-PERSON AS SUSPENSION OF THE PHILOSOPHICAL CHORA The point where philosophical resistance is concentrated is without a doubt the invention of the Name-of-Man, first name, oracular as much as axiomatic, of the determining cause for the non-philosophical posture. And that which concentrates the differends is the style of non-philosophy as identity that possesses the dual aspect, of discipline and of the oeuvre, of the theorem and of the oracle. But the real difficulty in understanding the simplicity of non-philosophy is profoundly hidden in the depths of philosophy itself. Because philosophy, from Parmenides to Derrida, even Levinas, continues to be a divided gesture, without a veritable immanence, transforming its thematic contents of transcendence in also forgetting to transform the operative transcendence in the element from which the ontology of surface is established which we will call, in memory of Plato, the chorismos. The general effect of the chora literally gives place to philosophy, demanding binding and sutures to which we will once and for all “oppose” the Man-in-person, his power of cloning, and his future being. All philosophy contains a hinter-philosophy in which it deploys its operations and weaves its tradition like an understudy of a topographical nature and in the best of cases being itself topological. Philosophy as well consists of two levels, its pre-ontological operative conditions on the one hand, and its superficial theme on the other, it too has its presupposed, but is not aware of it or erases it within the unity of appearance named Logos. Rightly, the Logos, and its flash or lightning nature, possesses a “dark precursor,” the chora, which is as much a virtual image, and philosophy, dazzled by its own lightning flash, seems to completely forget about it at the same time it sets itself up within it. Non-philosophy risks taking this same path, of confusing what it believes to be the real with its phantom double, contenting itself to working on the thematic level of philosophy, not its surface objects and its idle chatter (we stopped talking about this a long time ago and in any case they are merely simple materials for inducing a work of transformation), but the transcendence-form of its objects. In the end it risks, through precipitation, taking back up the heritage of philosophy, a heritage of a misunderstood presupposed, even more profound than the play of transcendences. This is what the imperative of the radicality of immanence meant, to treat immanence in an immanent manner, not to make a new object out of it. And from here we get non- (philosophy) and its refusal of the Platonic chorismos , symbol of all abstraction, and thus all transcendental appearance. There are no illusions. The message will leave a heritage in tattered pieces and interpretations. But it was difficult not to dispute the differend to its core. There will be complete confusion of the multiple, possible, and necessary effectuations of non-philosophy with its interpretations. The non-philosophical or human freedom of philosophical effectuation and the philosophical freedom of interpretation. Effectuations demand non-philosophy to return to zero from the point of view of its philosophical material and thus also but within these limits the formulation of its axioms , but in no way providing from the outset divergent interpretations of the aforementioned axioms. They are divergent because they do not take into account the material from which these axioms are derived within non-philosophy, and because they do not see themselves as symptoms of another vision of the World. The utterances of non-philosophy are not mathematical theorems and pure axioms, they merely have a mathematical aspect . They are, by their extraction or origin, mathematical and transcendental. And by their determined function in-Real, within non-philosophy, they are identically in-the-last-Humaneity entities which have an aspect of an axiom and an aspect of interpretation (or an oracular aspect as we say) that attempts (sometimes it is ourselves who provide the occasion) to isolate and transform, in complete freedom of interpretation. There will be an opportunity to complain about the complex character of the language of non-philosophy, an idiom saturated with classical references, sophisticated in a contemporary way. Its freedom of decision up against the whole of philosophy demands these effects of “complication” and “privatization,” as the saying goes. But it also demands fighting against the drift [ dérive ] of the pedagogical-all and the mediatic-all that leads philosophy into the shallow depths of opinion, which is the site of its impossible death. The noble idealism of “pop-philosophy” has been consumed into a “philo-reality;” against this we propose philo-fiction. Parricide, which is at the bottom of these interpretations and which we can judge as being quite fertile, although it has informed tradition, only takes place once or within one lone meaning. In regards to Parmenides, it was possible; Plato introduced the Other as non-being and language, bringing into existence the philosophical system of the World, but is it possible to repeat it again with the same fecundity in regards to non-philosophy, this time in introducing (non) religion or (non) art, still mixing them without taking into account this mixture, alternatively as a philosophical or religious resentment? If philosophy begins via a crime, it is no doubt obliged to continue down similar pathways, to the effect that the crimes of philosophy, once the founding crime has been committed, are a reaction of self-defense. It is undoubtedly from this that we get Marx’s declaration that history begins by tragedy and repeats itself or ends in farce. The preservation of rigor and fecundity is, in every respect, a psychologically difficult task within a theory such as non-philosophy. Having posited an essential objective of liberation in regards to philosophy and its services, one has often understood this objective as an authorization of providing particular interpretations of its axioms and ends up obliterating their scope. This ends up confusing, on one hand, two kinds of freedoms in regards to non-philosophy, the freedom of its interpretations and the freedom of its effectuations. On the other hand, any defense of “principles” against precipitated interpretations is immediately taxed with a will to orthodoxy, a prohibitive objection when we are dealing with, as is the case here, a heretical theory of thought. Nevertheless, it is time to stop confusing heresy as the cause of thought with an ideology of heresies, which is certainly not at all our object, but rather a form of normalization. As for the “disciplinary” aspect, which is not the only aspect, it demands something other than philosophical “answers to objections,” a precision in the definition and use of its procedures in the formation of utterances, since non-philosophy is neither a supplementary doctrine interior to philosophy nor a vision of the world but one whose priority is a “vision of Man,” or rather Man as “vision” that implies a theory and a practice of philosophy. In the end, struggle is only one aspect of non-philosophy, not its whole or telos, struggle coming only from its materiality. In particular, if the discipline of non-philosophy is inseparable from struggle, it is not a question of reducing the monomaniacal obsession of its “marching orders.” This would reduce its complexity and kill its indivisibility, deploying it in a “long march” and a form of Maoization whose philosophical presuppositions no longer have any pertinence here, a case of the One and the Two, which are now cloned and no longer tied together. More generally, non-philosophy is a complex thought composed of a multitude of aspects, which is to say, unilateral interpretations, of a philosophical origin but reduced by their determination in-the-last-instance . The “liberalism” of non-philosophy is merely one of the aspects of which it is capable, not an essence. Similarly, it is only capable of having a “Maoist” aspect. Let us generalize. The weakness of non-philosophy is due to a specific cause, the determination-in-the-last-Humaneity of a subject for the World. Everything that has a right to the philosophical city can be said about it in turn and in a retaliatory mode since Man contributes nothing of himself that Man takes from the World. We can consider non-philosophy as being pretentious, absurd, idealistic, empty, materialistic, formalistic, contradictory, modern, post-modern, Zen, Buddhist, Marxist; it endures or tolerates, perhaps “appeals” to, or at least renders possible, sarcasms, ironies, and insults without even talking about the misunderstandings, partly for the same reason as psychoanalysis. All of this goes beyond simple “deviations.” They are its aspects, which is to say, its “unilateral” philosophical interpretations in both senses of the word, being either sufficient coming from the mouth of philosophers, or reduced to their absolute dimension of sufficiency and totality in the mouths of non-philosophers, and both times due to the weakness and strength of Man-in-person as their determination only in-the-last-instance. The non-philosopher is certainly not a Saint Paul fantasizing about a new Church. The non-philosopher is either a (Saint) Sebastian whose flesh is pierced with as many arrows as there are Churches, or a Christ persecuted by a Saint Paul. What is engaged in here is the practice of retaliation. A negative rule of the non-philosophical ethics of outlawed discussion by way of argumentation (the sufficient is you, the orthodox one is always you, you are the fashionable one, and when a master you are someone else) that is founded on the confusion of effectuations of non-philosophy and of its overall interpretations. Retaliation is the law but as with any too-human law, it must acquire a dimension that displaces it, or rather emplaces it and takes away its authority but not all of its effectiveness. If the non-philosopher is only authorized by himself, which is to say by philosophy but limited by the Real-of-the-last-instance, its critique of other non-philosophers can merely be retaliatory under the same conditions, only by the Real limited in-the last-instance. THE TREE OF PHILOSOPHICAL SAINTLINESS The thematic horizon or material of these debates is in the relationships between philosophy, religion as gnosis, and non-philosophy. It is inevitable, regarding non-philosophers in general (whether they are non-philosophers by name or simply its neighbors) that we often end up evoking Marx’s Holy Family and imagining, arranged on the neighboring branches of the tree of philosophy and annexed, sometimes abusively, to non-philosophy, authors who would quite evidently and quite rightly refuse this label. So it is that we find, for example, a Saint Michel, a Saint Alain, a Saint Gilles 1 without even mentioning the youngest who aspire as well to the freedom of “saintliness” and who make their muted voices heard here. If there is a Holy Family of non-philosophers, it extends completely beyond these three, provided that the sectarian spirit can save us. This book is organized in the following manner: To begin, in order to recall the essential part of the problematic, we have organized a Summary of Non-Philosophy , a vade-mecum of notions and basic problems, in a classical style. Secondly, there is Clarifications On the Three Axioms of Non-Philosophy , designed to posit their proper use as much as to elucidate their meaning. Thirdly, an analysis of Philosophizability and Practicity , both being extreme constituents of philosophical material or the contents of the third axiom. Fourthly, the heart of this work: Let us Make a Tabula Rasa of the Future or of Utopia as Method . Fifthly, we have a theoretical outline of a non-institutional utopia, The International Organization of Non-Philosophy, L’Organisation Non-Philosophique Internationale, (ONPHI) already created in practice but under the conditions of possibility and functioning from which here we put into question “de jure,” thus not without a perplexity concerning “facts,” in any case, without the capability of “getting to the bottom of things.” Sixthly, an essay characterizing The Right and the Left of Non-Philosophy , a brief topology of several philosophizing and normalizing positions of proponents or tenants of this problematic. Seventhly, Rebel in the Soul: A Theory of Future Struggle , a systematic discussion starting from a confrontation of non-philosophical gnosis and non-religious gnosis to the extent that they pose, posed or perhaps still will pose themselves as rivals to non-philosophy in a mixture of fidelity and infidelity. Despite the fact that it can also be read as putting non-philosophy into perspective: it pits against a standard Platonism two contemporary appropriations of Gnosticism. On the basis of the paradigm of Man who never ceases to come as the Future-in-person, each one of these moments strives to reestablish not the “true” non-philosophy and its orthodoxy, but the minimal conditions to respect in order to allow for its maximum fecundity. And in order to bring about one of the last possibilities of its development, making explicit Humaneity as a utopia-for-the-World. In introducing these considerations in the form of a “testament” and “ultimatum,” we want to indicate two things: First, that this is the last time we will intervene in order to caution non-philosophers against the temptation of returning and looking backwards towards philosophy. Only a disillusioned nostalgia for the former World and its traditions barely remain permissible to us.… Secondly, that non-philosophy is also a sort of ultimatum for considering one’s life and transforming one’s thought from the perspective of a uni-version rather than a conversion. Man as future is this ultimatum in action, not an impatient self-proclaimed genius, and philosophy is his testament. It is obviously the ultimatum that determines this testament as “old” with a view towards a life that is, itself, non-testamentary. In and of itself, the “old” can never bear a veritable eschaton. Thus, this book intersects according to the logic of this paradigm, under the sign of the ultimate or “last” as future, philosophy as testament and cautionary note for maintaining the non-philosophical oeuvre as “future” or “utopian.” We will see that between these two dimensions it cradles a theory of struggle. In the end, this book envisions non-philosophers in multiple ways. It inevitably sees them as subjects of knowledge, most often academics insofar as life in the world demands, but above all as close relatives of three great human types. The analyst and political militant are quite obvious, for non-philosophy is close to psychoanalysis and Marxism insofar as it transforms the subject in transforming philosophy. Here again, one must have a sense not of certain nuances but of aspects (of the interpretations, albeit unilateralized) and not in order to construct a simple proletarization or militarization of thought as theory. To be rigorous, rather than authoritarian or spiteful, is its task. And lastly, non-philosophy is a close relative of the spiritual but definitely not the spiritualist. Those who are spiritual are not at all spiritualists, for the spiritual oscillate between fury and tranquil rage, they are great destroyers of the forces of Philosophy and the State, which are united under the name of Conformism. They haunt the margins of philosophy, gnosis, mysticism, science fiction and even religions. Spiritual types are not only abstract mystics and quietists; they are heretics for the World. The task is to bring their heresy to the capacity of utopia, and their utopia to the capacity of the paradigm. NOTES We will recognize allusions, and sometimes references, to closely related or distant themes, but which are related, in the work of Michel Henry, Alain Badiou and via the representative of “non-religious” gnosis of a Platonic origin, in Gilles Grelet. It goes without saying that these discussions are current and local, neither concerning the ensemble of doctrines nor prejudging the eventual evolution of certain amongst them. This concerns defining certain proximities with non-philosophy (rather than adversaries which in some sense they are) and typological and emblematic differends (rather than conflicts with a certain author). (shrink)

I argue that utilitarianism cannot accommodate a basic sort of moral judgment that many people want to make. I raise a real-life example of shockingly bad behavior and ask what can the utilitarian say about it. I concede that the utilitarian can say that this behavior caused pain to the victim; that pain is bad; that the agent’s behavior was impermissible; even that the agent’s treatment of the victim was vicious. However, there is still one thing the utilitarian cannot say, (...) namely that the agent wronged the victim, that they violated her. According to utilitarianism, moral offenses are offenses against global utility, right reason or the totality of sentient beings, but never against individual victims, yet this aspect of the action – that it is an offense against a particular person –is highlighted when we say that this action wronged that woman. (shrink)

Comparative valuation of different policy interventions often requires interpersonal comparability of benefit. In the field of health economics, the metric commonly used for such comparison, quality adjusted life years (QALYs) gained, has been criticized for failing to respect the equality of all persons’ intrinsic worth, including particularly those with disabilities. A methodology is proposed that interprets ‘full quality of life’ as the best health prospect that is achievable for the particular individual within the relevant budget constraint. This calibration is challenging (...) both conceptually and operationally as it shifts dramatically when technology or budget developments alter what can be achieved for incapacitated individuals. The proposal nevertheless ensures that the maximal achievable satisfaction of one person’s preferences can carry no more intrinsic value than that of another. This approach, which can be applied to other domains of social valuation, thus prevents implicit discrimination against the elderly and those with irremediable incapacities. (shrink)

Their paper begins with the observation that, even though many philosophers, especially in the twentieth century, have had personal experience of exile, they rarely treat the topic of exile directly in their philosophical works. Existentialist thinkers such as Heidegger, it is true, have employed exile as a metaphor for the human condition, yet the concrete experience of political exile has been treated as somehow lacking the universality that canonical philosophy needs. This paper warns against the temptation to conflate the (...) real situation of exile with a general condition of existential unbelongingness. It goes on to trace two major threads in the history of the philosophical treatment of citizenship, the one deriving from Plato and the other from Kant and to explore their relevance to contemporary debate around the moral and legal status of those who seek refuge abroad from war, oppression, or other kinds of threat in their homeland. The Platonic tradition treats citizenship as deriving primarily from association with a land; it views foreigners as having the potential to contaminate the polis and any citizen who spends time away from the polis as likely to betray it. While many features of the Platonic position have not survived to the present, it is noteworthy that, for indigenous peoples in many parts of the world, attachment to the land remains of fundamental importance. At the same time, though migration of many kinds has become extremely common, some individuals and governments in the first world still demonstrate a visceral belief that refugees and immigrants to their country will somehow corrupt or contaminate it. The Kantian position, by contrast, treats citizenship as, ideally at least, cosmopolitan and global. It envisages nation states as moving towards “an enduring and gradually expanding federation likely to prevent war”. Consequently, the stranger seeking refuge abroad from life-threatening persecution in his or her own country has what Kant refers to as a “right of resort” in another country. While Kant argues that we must therefore not show hostility to such people, our obligations to them do not extend to philanthropic hospitality. This assertion of a limited obligation to displaced persons forms the basis for much contemporary discussion around the rights of refugees and migrants. Globalization, of course, has not taken quite the form that Kant envisaged. While the United Nations asserts the universality of human rights, and certain clusters of countries, such as those in Western Europe, have moved towards federation and free internal movement of their citizens, so-called globalization has taken place primarily on the economic, rather than the political, level. The extreme international mobility of investment capital from first-world countries in search of cheap labour is not currently matched by an acceptance within such countries of the rights of third-world citizens to migrate to their shores in search of higher wages and improved living conditions. Finally, this paper offers a critique of both the Platonic and the Kantian positions and argues the need in the modern world for institutional arrangements which represent a variety of interests and struggles across national boundaries. (shrink)

Understanding the hadiths requires not only knowing the language well but also knowing the intention of the narrator, the environment and context in which the word is uttered. Furthermore, within a language, the presence of the words which have entirely disconnected from their real meaning due to the metaphoric and idiomatic use of them developed in time requires making more efforts to understand them. In this respect, the expression ‘Aqrā-Ḥalqā’ used by Prophet Muhammad (PBUH) for Ṣafiyya in the Farewell Sermon (...) when he was leaving Mecca, is mostly attributed to inauspiciousness and thus, requires special investigation. Determination of the correct meaning and use of the expression will prevent any misunderstanding. However, only the literal equivalences of the expression have been used in its annotations and translations until now. By including the annotations and translations of the expression in dictionaries and Ġarību'l- Ḥadīth books, which were written with a more specific purpose, this study aims to find the most suitable meaning by considering all these data and the data which compatible with the sunnah.Summary: Before the leaving of Prophet Muhammad after the Farewell Sermon, he learned that one of his wife Ṣafiyya is in her period (ḥayḍ). After hearing this, he used the expression ‘Aqrā-Ḥalqā’. These statements are not frequently used in the Arabic language. The expressions, which we encounter in some ancient Arab poems, were mentioned several times in some hadiths while narrating the stories of the past societies (ummah), and as far as we can see they were used only for Ṣafiyya by the Prophet. The reason for Prophet's expression was because after he was informed that Ṣafiyya was in period, he thought that she did not make the obligatory circumambulation. Depending on this, the Prophet thought that they could not returning to Medina immediately; thus, he said this word with the confusion and anxiety caused by the difficulty of staying in Mecca for a while with a crowded pilgrim group. With regard to the meaning of these words, both the diversity in the translations and some negative comments and inferences in the annotations, this study was written.There is a sufficient amount of information about the meanings of this expression in classical dictionaries and works such as Ġarību'l- Ḥadīth. These works state that they have meanings such as death, injury, infertility, illness, bad luck and mourning at the root of the words. Although the fundamental roots of the words have these meanings, the expressions have undergone a change and transformation. As with some other examples in the Arabic language, these words have lost their relevance for their meaning root gradually and have been used more often for astonishment. This information is included in both classical sources and contemporary studies on the subject.Despite the fact that the expression has become independent from their root meaning and has an astonishing sense used in case of confusion, negative emphasis comes to the fore both in Turkish translations and in some commentaries. In Turkish translations, the usages which are related directly to the word itself and emphasizing its meaning for bad luck are dominant, but sometimes translations that give the meaning of astonishment, sometimes translations that are not related to the word have been made, and sometimes they have been contented with latinizing the word instead of translation. Additionally, the malediction used in searching the correct meaning to the word leads to an emphasize toward negativity.While most of the annotations do not give much information about the expressions, it is seen that some authors give a negative meaning to the words and accordingly, they make a comparison between Ṣafiyya and ‘Ā’isha. Because of the special situation of ‘Ā’isha, she was upset that she could not make umrah and she conveyed this situation to our Prophet. Hence the Prophet produced a solution for her to complete her umrah. In the one hand, producing a solution to ‘Ā’isha by the Prophet and comforting her, on the other hand, his expression ‘Aqrā-Ḥalqā’ for Ṣafiyya in a similar situation led some scholars to conclude that Ṣafiyya was not as valuable as ‘Ā’isha in the eyes of the Prophet. However, this result is not acceptable. Although there is no evidence for this, in another annotation, it is conveyed that the Prophet had said these words to her by its meaning for “her tongue is long” because Ṣafiyya spoke to the Prophet with disrespect. Another commentary based on this promise makes the provision that a man can talk heavily to his wife when she delays something.The implications that depend on the assumption these words have negative meanings and produce results related to this assumption are incompatible with other data of circumcision. It could not be possible that the Prophet, who defended Ṣafiyya against the criticism against Ṣafiyya and who even guided him to defend himself, had a bad word for his wife. If the meaning of bad luck is given, then the Prophet will be the first person who disregards his own word “there is no bad luck”. Besides, the Prophet's good communication with the women in all areas of his life makes it impossible for him to say "damn" to one of his wives. It seems it is not logical for the Prophet to say this word to his wife, who is waiting in sorrow in front of his tent even after special worship Hajj.The translations, which are opposed to both the basic principles of religion and the guide life of Prophet, bring many problems. This translations, on the one hand, are drawing a portrait of a prophet who is intolerant to women and their specific situations, degrading women, and able to say rude and bad words whenever he wishes, on the other hand, are reflecting an image for the Prophet who does not comply with his own warnings. However, based on the information provided by the classical dictionaries, translations such as "Alas!" to indicate the magnitude and gravity of the situation that the word is currently facing, or "Wow!" to express the astonishment, will prevent all these negative consequences.As in many other fields, the translation of religious texts, especially hadiths, appears as an area that needs to be carefully considered in this regard. Thus, the expression ‘Aqrā-Ḥalqā’ was chosen as the main theme of this study. The translation of hadiths has an essential function and the only way for those who do not speak Arabic is to learn about the life of the Prophet. For this reason, one of the main results of the study is that only knowledge on grammar is not sufficient for the translation of the hadiths. On the contrary, the persons who will translate hadiths must have many competencies in the field such as the reasons for hadiths, their relationship with other hadiths, and understanding the hadith in line with the basic principles. Beyond this knowledge, it should be expected to master areas that require particular studies such as strange words in the language, meaningful constrictions, enlargements and shifts over time, proverbs and idiomatic expressions. Otherwise, it will be impossible to prevent a biased and wrong prophet representation. (shrink)

Lithuania was one of the first states in Europe to approve a comprehensive list of patients’ duties under a special Law on the Rights of Patients of 2010. The approval of the catalogue of patients’ duties at the level of a law is based on the restatement of the principle of equal rights of the parties participating in health care relations, and the prevention of consumerism in these relations. The paper distinguishes between general and special patients’ duties. The general duties (...) include the duty to exercise the patient’s rights in good faith, the ban to abuse them, the duties of cooperation and looking after one’s health, as well as the duty of treatment with due respect. The norms that entrench duties of ethical nature should serve to prevent any inappropriate behaviour of patients in health care institutions. Nevertheless, legal application of these provisions and proving the infringements in practice is likely to be complicated. The special duties include: the duty to familiarise oneself against signature with the internal regulations of the health care institution as presented to him or her, other documents prescribed by the health care institution; the duty to present the documents confirming identity; the duty upon receiving information about the health care services prescribed for him or her to confirm in writing his or her consent or refusal with regard to the provision of such health care services in the cases specified by the law; the duty to provide health care professionals with any information about one’s health, to follow the prescriptions and recommendations of health care professionals, to inform health care professionals about any deviations from the prescriptions or the prescribed treatment regime which he or she has accepted. The legal analysis of the contents of the duties has revealed certain unsubstantial obscurities. The analysis of the provision that enables to take sanctions against the patient infringing their duties has revealed that the health care institution may only terminate provision of health care services to the patient if one of the two alternative conditions is fulfilled. I.e. if a person violates his or her duties and thereby causes danger to their own and other patients’ health and life, or prevents them from receiving high quality health care services. The conclusions show that application of this provision may be problematic: first, due to the juridical technique of the wording of the norm; second – due to complicated substantiating that the patient prevented or prevents other patients from receiving high quality health care services; third – due to the conflict of this provision with the provision of the Law of the Republic of Lithuania on Medical Practice, which provides that a doctor may refuse provision of health care services in cases of real threat to his or her own life; and fourth – the norm does not provide for the right to terminate the provision of services in cases of threat to health and/or life of health care workers (non-specialists). (shrink)

This symposium contribution offers a reconsideration of a range of “vice crime” legislation from late nineteenth and early twentieth century American law, criminalizing matters such as prostitution, the use of opiates, illegal gambling, and polygamy. According to the standard account, the original justification for these offenses was purely moralistic and paternalistic ; and it was only later, in the late twentieth century, that those who supported such legislative initiatives sought to justify them in terms of their ability to prevent (...) harms. This piece argues that the rationale for these vice crimes laws was much more complicated than has traditionally been thought, encompassing not just moralistic justifications but also a wide range of harm-based rationales—similar to those that underlie modern, technocratic, “preventive justice” legislation involving matters such as anti-social behavior orders, sex offender registration, stop-and-frisk policing, and the fight against terrorism. (shrink)

The emergence of synthetic biology holds the potential of a major breakthrough in the life sciences by transforming biology into a predictive science. The dual-use characteristics of similar breakthroughs during the twentieth century have led to the application of benignly intended research in e.g. virology, bacteriology and aerobiology in offensive biological weapons programmes. Against this background the article raises the question whether the precautionary governance of synthetic biology can aid in preventing this techno-science witnessing the same fate? In order (...) to address this question, this paper proceeds in four steps: it firstly introduces the emerging techno-science of synthetic biology and presents some of its potential beneficial applications. It secondly analyses contributions to the bioethical discourse on synthetic biology as well as precautionary reasoning and its application to life science research in general and synthetic biology more specifically. The paper then identifies manifestations of a moderate precautionary principle in the emerging synthetic biology dual-use governance discourse. Using a dual-use governance matrix as heuristic device to analyse some of the proposed measures, it concludes that the identified measures can best be described as “patchwork precaution” and that a more systematic approach to construct a web of dual-use precaution for synthetic biology is needed in order to guard more effectively against the field’s future misuse for harmful applications. (shrink)

Resumen El papa Francisco ha destacado en su magisterio la gravedad de la corrupción como una categoría moral que va más allá del propio concepto de pecado personal. Si los pecadores son perdonados, los hombres corruptos han cerrado su corazón a dicho perdón. Sus enseñanzas nos recuerdan al pecado contra el Espíritu Santo y al concepto de “pecado social”. Sus palabras son de gran actualidad en una sociedad donde la corrupción se extiende como una plaga en instituciones y personas que (...) debían dar ejemplo de honradez y responsabilidad. En este trabajo. nos acercamos al concepto de corrupción desde la perspectiva teológica, aportando luz para prevenir la corrupción y sus efectos desbastadores para la consecución del bien común y la confianza ciudadana que se tiene que dar en la vida social.Pope Francis has highlighted in his teaching the seriousness of corruption as a moral categoty that goes beyond the concept of personal sin. If the sinners are forgiven, the corrupt men have closed his heart to such forgiveness. His teachings remind us of sin against the Holj Spirit and the concept of “social sin”. His words are vety interesting in todaj society where corruption preads like a plague in institutions and people who should set an exampk of honesty and reponsibility. In this paper, we approach the concept of corruption from a theological perpective, providing light to prevent corruption and its devastating effects for the achievement of the common good and the public trust that must be given in social life. (shrink)

Aquinas and the idea of law -- Aquinas on criminal culpability -- Crimes against the person -- Aquinas on sexual offenses -- Aquinas on property offenses -- Offenses involving judicial process -- Aquinas on offenses against public morality -- Law, justice, sentencing and punishment.