The use of storytelling in the judgment process is based on the necessary assumption that experience and meaning are universal. In place of recognizing legitimate differences in the interpretation of social experience, jurors more often are compelled to regard unfamiliar story elements or dissonant interpretations as signs of guilt. When key elements in a case are anchored in different social worlds, defendants may be found guilty simply by reason of their social experiences and their communication styles. The important question arising (...) from this state of affairs is whether anything can be done to correct biased judgment of trials.Securing access to justice means, at a minimum, recognition for the legitimacy—if not the validity—of one's grievances and aspirations. (shrink)

This collection of essays on policing and the use of force, while written over the course of the last twenty-five years, remains relevant and timely. Although issues in policing and questions about excessive force and brutality have been addressed by criminologists, sociologists, philosophers, and criminal justice ethicists, only a handful of theological ethicists treat this pressing matter. While the Christian moral tradition has a voluminous record of theological attention to violence and nonviolence, war and peace, there is a dearth of (...) references to policing. And most considerations of criminal justice issues by Christians and their churches concentrate on prison reform, or abolition, and the death penalty, but not policing. These essays, authored by a theological ethicist possessing professional experience in law enforcement, seek to fill this curious gap. They offer a framework for moral reasoning concerning the justification for police use of force and the just application of such force, and they propose just policing as a model that is consonant with promoting a just peace in communities and society. In addition, they explore the implications of such an approach for wider, international questions about just war, terrorism, the responsibility to protect, and post-war justice. (shrink)

In _The Mind and its Place in Nature_ , C.D. Broad tries to show, as he says (p. 59), that "there is no doubt" that the Theory of Emergence is a logically possible view with a good deal in its favor. And in his history of British Emergentism, McLaughlin states that emergentism is perfectly internally coherent, although he doesn't think it has any empirical evidence in its favor at present. I am inclined to agree with the assessment that emergentism is (...) a coherent theory, but I can't see that Broad or McLaughlin has shown this, at least if this is taken to mean that it represents a metaphysical possibility (and not merely is not self-contradictory). Moreover, I suspect many people find the concept of emergent properties somehow unscientific, mysterious, and possibly incoherent; and I doubt that Broad has adequately addressed this intuition. He has indeed admirably explicated the meaning of the theory, so that now we can all understand it; but just as even to explain the idea, for example, that there are alterations without causes in such a way that it becomes absolutely, crystal clear what one means by "an uncaused change" would not be to demonstrate. (shrink)

Au sortir de la Première Guerre mondiale, le Congo belge est gagné par une rhétorique de « crise du mariage » dont la multiplication des litiges conjugaux semble un symptôme. Ces litiges envahissent non seulement les tribunaux mais aussi les bureaux de poste de l’administration coloniale via des courriers de colonisés qui réclament le règlement de leurs contentieux matrimoniaux. Cet article propose des pistes d’analyse de cette production écrite qui révèle un certain désarroi masculin face au brouillage des repères matrimoniaux (...) et de genre ainsi que les ambiguïtés des politiques coloniales en la matière. Cette correspondance masculine témoigne du dynamisme des interactions entre les normes de genre proposées par le pouvoir colonial et les colonisés. (shrink)

Au sortir de la Première Guerre mondiale, le Congo belge est gagné par une rhétorique de « crise du mariage » dont la multiplication des litiges conjugaux semble un symptôme. Ces litiges envahissent non seulement les tribunaux mais aussi les bureaux de poste de l’administration coloniale via des courriers de colonisés qui réclament le règlement de leurs contentieux matrimoniaux. Cet article propose des pistes d’analyse de cette production écrite qui révèle un certain désarroi masculin face au brouillage des repères matrimoniaux (...) et de genre ainsi que les ambiguïtés des politiques coloniales en la matière. Cette correspondance masculine témoigne du dynamisme des interactions entre les normes de genre proposées par le pouvoir colonial et les colonisés. (shrink)

Background:In their daily practice, Brazilian nurses have been met with complaints from co-workers and patients, as well as bioethical dilemmas intrinsic to the profession, particularly in the cont...

Since at least the 1980s, police departments in the United States have embraced a set of practices that aim, not to enable the prosecution of past criminal activity, but to discourage people from breaking the law in the first place. It is not clear that these practices effectively lower the crime rate. However, whatever its effect on the crime rate, I argue that preventive policing is essentially distinct from legal governance, and that excessive reliance on preventive policing undermines legal (...) governance. To show this, I emphasize law’s unique aptitude to define legal subjects’ ‘manifest’ status relations – that is, the rights and obligations that live within their local practices. I then argue, first, that preventive policing does not aim to define these relationships; and second, that excessive preventive policing threatens the relationship that law must bear with its subjects if law is to define their manifest relations authoritatively. (shrink)

Health care ethics is a sensitive domain, which if ignored, can lead to patient dissatisfaction, weakened doctor–patient interaction and episodes of violence. Little importance has been paid to medical ethics within undergraduate medical education in developing countries such as Pakistan. Three doctors in Pakistan are currently facing an official police complaint and arrest charges, following the death of a sanitary worker, who fell unconscious while cleaning a drain and was allegedly refused treatment as he was covered in sewage filth. (...) The medical license of the doctors in question should be cancelled, if found guilty following a thorough investigation into the case. The ‘right to life’ has been universally assured by all moral, cultural and legal codes and no society can ever argue against the sacredness of a human life. It is quite clear that the aforesaid doctors’ actions are not only against the core principles of the physicians’ code, but also go against the doctrine of human rights. If serious efforts on an urgent basis are not made by the regulatory and governing bodies, one can definitely expect similar incidents for at least a few more decades before any noticeable change is seen. (shrink)

In this paper, I develop an approach to population ethics which explains what we are permitted to do in virtue of the possible complaints against our action. This task is made difficult by a serious problem that arises when we attempt to generalize the view from two-option to many-option cases. The solution makes two significant moves – first, accepting that complaints are essentially pairwise comparative, and second, reimagining decision-making as a tournament between options competing two at a (...) time. The right view about when one option defeats another with respect to complaints, paired with the right view about how to pick the winners of the tournament given the relations of defeat, leads to a uniquely attractive view in the person-affecting tradition. (shrink)

In this paper, I develop an approach to population ethics which explains what we are permitted to do in virtue of the possible complaints against our action. This task is made difficult by a serious problem that arises when we attempt to generalize the view from two-option to many-option cases. The solution makes two significant moves – first, accepting that complaints are essentially pairwise comparative, and second, reimagining decision-making as a tournament between options competing two at a (...) time. The right view about when one option defeats another with respect to complaints, paired with the right view about how to pick the winners of the tournament given the relations of defeat, leads to a uniquely attractive view in the person-affecting tradition. (shrink)

Gender discrimination and sexual harassment of female police officers by their male counterparts remain areas of liability where police departments appeared to have failed to effectively confront the nagging issues. However, the appreciable level of research conducted on these issues in the global North has not been matched by the South, where issues bordering on sexual violence have cultural underpinnings. Drawing from the case of the Nigeria Police Force, feminist analysis was used to explore the lived reality (...) of 43 female officers in a qualitative study. Participants expressed distress in abiding by structural discriminatory regulations against female officers which include non-admittance of married women into the force, forbidding unmarried officers from getting pregnant, and a stipulated minimum of three-year work period before a female officer can marry. Findings also indicated that participants suffer a variety of sexual harassment, intimidation, and, violence from their male colleagues, while they feel constrained in reporting their victimization. Important policy and practical implications requiring the Nigerian police to address hegemonic masculinity and promote gender equality were provided. (shrink)

The police are one of the most powerful and important forces for any country. The main task of the police is to install a sense of security in the ordinary citizens and to protect their life and property when they are in danger. Bangladeshi Police have a glorious past with tremendous achievement. Especially in our great liberation war in 1971, they played an important role in achieving our liberation. Eliminating terrorism & militancy and others several operation that (...) leads with the risk of their life. But there are still a lot of accusations against the police force. Like- abusing of power, Misconducting with the people, Committing crossfire defying the high-court order, Wearing white dress when they move to detain criminals, Arresting without warrant, and many other including Bribery, Extortion, Trading Drug and Yaba, Playing partisan role, keeping Bad association, Filing case against deceased man, Charging sheet against the infant who has not been born yet, Enforcing disappearance, Suppressing the freedom of express, Violating Human rights, Doing anti-social activities such as rape, forcible extortion, drinking alcohol, etc. are the real scenario of Bangladesh Police. Policing ethics or related unethical behaviors, in particular, are shaped by both societal perceptions and organizational socialization of the police personnel on how authority should be exercised, as well as the latter's relationship with the socio-political and economic structures overtime. This paper proposes to explain the role of police as the main law enforcement agency in any democratic country. An Attempt has been made to bring different perspectives of ethics which comprises views of Aristotle, Machiavelli, Immanuel Kant, J S Mill and John Rawls. The paper focuses on police Ethics. Police ethics’ reflects the society and the regulations that shape the policing system. Discuss the results and analysis of the consequences of moral degradation caused by the Police. Explore the police brutality because of the lack of Ethics to highlight the public's attitude towards police. The ethical standards and the code of conduct Police practitioners should actually abide by is an ongoing debate. (shrink)

The number of police departments carrying Narcan keeps increasing at a fast pace throughout the U.S., as it is considered an effective measure to fight the opioid epidemic. However, there have been strong oppositions to the idea of the police Narcan use. Still, in 2018, the nation is debating about it. Though not clearly visible to the public, there are important ethical arguments against the police Narcan use which necessarily involve understanding of the ethical roles and (...) responsibilities of police as the law enforcement agency and apprehension of the moral status of a non-therapeutic opioid use. The authors of the paper investigate, primarily, the existing ethical controversies surrounding the police Narcan use while touching upon the issue of the decriminalizing drug policy in the U.S. The authors conclude that the police can carry and administer Narcan without self-contradiction and that the policymakers’ investigation on the drug decriminalization policy should begin with the understanding of the “common morality” of the American public, the ethical view shared and practiced by the greatest number of people. (shrink)

The best arguments against gun control invoke moral rights—it might be good if there were fewer guns in circulation, but there is a moral right to own firearms. Rather than emphasizing the potential benefits of gun control, this paper meets the best arguments on their home turf. I argue that there simply is no moral right to keep guns on one’s person or in one’s residence. In fact, our moral rights support the mutual disarmament of citizens and police.

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a (...) crime. Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

Women are routinely subjected to penetrating surveillance during pregnancy. On the surface, this may appear to flow from a cultural commitment to protect babies – a cultural practice of “better safe than sorry” that is particularly vigilant given the vulnerability of fetuses and babies. In reality, pregnancy occasions incursions against human rights and well-being that would be anathema in other contexts. Our cultural practices concerning risk in pregnancy are infused with oppressive norms about women’s responsibility for pregnancy outcomes and (...) the demands of extreme self-sacrifice from women to protect their fetuses. Of particular concern is our culture’s willingness to enforce norms concerning risk during pregnancy using coercive measures including forced cesarean sections and criminal penalties for exposing fetuses to risk. This chapter will consider assaults on self-determination, bodily integrity and privacy inherent in such interventions, as well as the structural violence and “mangled pieties” that buttress such practices in our unjust society. (shrink)

Today, monitoring of patient complaints in healthcare services is being used as a tool for quality assurance systems and in the future development of services. This nationwide register study describes the number of all complaints processed, number of complaints between different state provinces, healthcare services and healthcare professionals, and outcomes of complaints in Finland during the period 2000–2004. All complaints processed at the State Provincial Offices and the National Authority for Medicolegal Affairs were analysed by (...) statistical methods. Complaints about mental healthcare were explored in greater detail. The analysis showed that the number of patient complaints increased considerably during the study period. There were changes in the number of complaints between study years in different provinces. Out of different healthcare services, an especially marked increase was seen in private healthcare. Nearly all complaints were lodged against physicians, and over half of the complaints were made because of medical error. In mental health care, patients more often complained about unsatisfactory certificates and statements and the use of compulsory hospital care. An analysis of the outcomes revealed that in mental health care complaints more seldom led to consequences. The results need to be utilised when planning interventions for advanced supervision, prevention of adverse events and patient safety in healthcare, and especially in mental health care. From the patients’ perspective, it is important to create a culture where most problem situations are handled where the treatment was provided, thus avoiding a complex complaints process. (shrink)

In her final fragmentary novel Sanditon, Jane Austen develops a theme that pervades her work from her juvenilia onward: illness, and in particular, illness imagined, invented, or self-inflicted. While the “invention of odd complaints” is characteristically a token of folly or weakness throughout her writing, in this last work imagined illness is also both a symbol and a cause of how selves and societies degenerate. In the shifting world of Sanditon, hypochondria is the lubricant for a society bent on (...) turning health into a commodity. As a result, people’s rationality and their moral character come under attack. Catherine Belling’s recent subtle study, A Condition of Doubt: The Meanings of Hypochondria, unveils hypochondria’s discursive and cultural character. Running sharply against the tenor of Austen’s treatment, however, she argues in defense of the rationality of hypochondriacs; the notion that the condition may involve morally significant defects is not entertained; any connection to the commercialization of health care is muted. Here, I contrast Austen’s morally and epistemically negative rendering of her hypochondriacal characters in Sanditon with Belling’s efforts to create a sympathetic understanding of people with hypochondria. I will argue that, despite time gaps and genre differences, joint consideration of these texts can help bioethicists better appreciate how medicine can intensify, pathologize, and exploit anxieties about illness and death, thus adding to the challenges of living well in the face of mortality and morbidity. (shrink)

This paper traces the contradictions of liberal ‘police’ power from Hegel’s analysis of modern polizei to a Foucauldian analysis of the 2011 judicial ruling on the police eviction of Occupy Wall Street protestors from Zucotti Plaza in New York. In the first section, I develop insights from Hegel and Foucault’s analysis of the contradictions of liberal police, whereby power in liberal government incorporates an ‘internal principle of limitation’ that distinguishes it from the unlimited internal objectives of the (...) European police state, while finding itself constantly violating its own internal normative principles. In the second section, I situate liberal police within Foucault’s history of police and the development of a political economy of the poor. In the third section, I challenge Foucault’s own portrayal of liberal police as ‘self-limiting’ in the 1978-79 lectures, through a detailed examination of ‘police’ in the life and thought of Benjamin Franklin. In the final section, I draw upon this historical background of police to analyse the police power jurisprudence laid out in the 2011 Waller v. City of New York ruling on the police eviction of protestors from Zucotti Plaza. Here, I argue that the ruling allows us to see how the discourse of ‘police power’ claims to uphold a (neo)liberal economic-juridical order, while at the same time functioning as a mechanism of repression and security against the ‘dangerous’ (democratic) element within the polity. (shrink)

In the mid-19 th century, increases in global migration and mobility produced a discernable rise in the number of ambiguous absences. This shift, combined with a novel expectation, linked to improved communications technology, that such absences might be resolved engendered the emergence of missing persons as a social category. A demand on the part of families of the missing that the state aid in their location would produce a Bourdieusian classification struggle over how to define and categorize this new mass (...) of absences. At issue would be whether an ambiguously absent individual was merely absent, as a routine component of social life, or whether the individual merited legitimation by the state as a new form of deviant: a "missing" person. Scholars have described the emerging administrative state’s enhanced powers of surveillance and classification and its persistent inclination to render their populations, in James Scott’s phrase, “legible.” Brought to the attention of the state, missing persons represented a body of people who had conspicuously fallen out of official sight. Yet, instead of attempting to fix this omission by gathering additional information on the lost — to, in effect, see the missing — as theories of the state would lead us to expect, the state chose to look away. In the United States, the state, in the form of municipal police departments, resisted classifying absences as cases of missingness and pushed back against families’ requests for aid. Leveraging the inherently ambiguous characteristics of the missing, the state promoted a definition of missing persons that conveniently freed it from the burden of managing an unmanageable population. In this article, drawing from archival data, I challenge prevailing theories of the modern state that emphasize its avidly classificatory nature by offering a case in which legibility was strategically withheld and a population was, in service of state interests, intentionally obscured. Only after the state lost its symbolic monopoly and the category was raced and gendered, becoming, in public discourse, associated with a socially valuable demographic – namely, young, white women – would the state, facing a threat to its legitimacy, deem the missing as worthy of being seen. (shrink)

Predictive policing, the practice of using of algorithmic systems to forecast crime, is heralded by police departments as the new frontier of crime analysis. At the same time, it is opposed by civil rights groups, academics, and media outlets for being ‘biased’ and therefore discriminatory against communities of color. This paper argues that the prevailing focus on racial bias has overshadowed two normative factors that are essential to a full assessment of the moral permissibility of predictive policing: fairness (...) in the social distribution of the benefits and burdens of policing as well as the distinctive role of consent in determining fair distribution. When these normative factors are given their due attention, several requirements emerge for the fair implementation of predictive policing. Among these requirements are that police departments inform and solicit buy-in from affected communities about strategic decision-making and that departments favor non-enforcement-oriented interventions. (shrink)

This paper explores recent vigilance attending pedophilia in the UK context. It examines governmental and popular responses to the perceived threat posed by child sex offenders, exhibited respectively in provisions for sex offender orders within the Crime and Disorder Act 1998, and in press and public campaigns for the “naming and shaming” of paedophiles. These two responses cohabit in current contexts of concern about childhood as innocence and vulnerability, and are worked out against the figure of the paedophile as (...) a “dangerous individual”; nevertheless, they invoke different visions of political community. Developing Foucault's observation that contemporary political rationalities combine two distinct models of political community, that of the juridically constituted polity and that of the society rendered calculable and organized through normalizing models of risk, the paper argues that both of these models are evident in governmental and popular responses to paedophilia. However, where the former, a technical and administrative response to a problem of social order, aims to achieve public safety through the professional prediction and management of risk, the latter is premised on the elimination of danger,demanding the public outing of paedophiles and their exorcism from the community. While these responses contest whether danger can be turned into risk through professional management, they are mutually enhancing in fostering governmental and popular concern with public and community safety. (shrink)

Famously, Saul Kripke proposes that there are contingent a priori truths, and has offered a number of examples to illustrate his claim. The most well-known example involves the standard meter bar in Paris. Purportedly, a certain agent knows a priori that the bar is one meter long. However, in response to a long-standing objection to such examples - the "existential complaint" - generally only modified examples having a conditional form are now considered candidates for the contingent a priori. Gareth Evans (...) argues that these conditionals must be understood free-logically, and on this basis argues against Keith Donnellan's analysis of the contingent a priori. I show Evans' argument mistaken. I also take issue with the existential complaint, and suggest a way of understanding Kripke's original examples that is not subject to it. My approach focuses the debate in its right place, and allows us to take Kripke's original examples seriously. (shrink)

Debates about terrorism and technology often focus on the potential uses of technology by non-state terrorist actors and by states as forms of counterterrorism. Yet, little has been written about how technology shapes how we think about terrorism. In this chapter I argue that technology, and the language we use to talk about technology, constrains and shapes our understanding of the nature, scope, and impact of terrorism, particularly in relation to state terrorism. After exploring the ways in which technology shapes (...) moral thinking, I use two case studies to demonstrate how technology simultaneously hides and enables terroristic forms of state violence: police control technologies and Unmanned Aerial Vehicles (UAVs), or drones. In both these cases, I argue that features of these technologies, combined with a narrative of precision and efficiency, serves to mask the terroristic nature of the violence that these practices inflict and reinforces the moral exclusion of those against whom these technologies are deployed. In conclusion, I propose that identifying acts of terrorism requires a focus on the impact of technologies of violence (whether they are “high tech” or not) on those most affected, regardless of whether users of these technologies conceive of their actions as terroristic. (shrink)

Very little of the expanding debate over private policing has employed the language of human rights. This is notable not just because private policing is a distinctly global phenomenon, and human rights have become, as Michael Ignatieff puts it, “the lingua franca of global moral thought.” It is notable as well because a parallel development that seems in many ways related to the spread of private policing—the escalating importance of private military companies—has been debated as a matter of human rights. (...) This Article asks whether discussions of private policing have been impoverished by their failure to employ the language of human rights. It begins by discussing the dramatic rise, over the past several decades, in the size and significance of private policing. It then summarizes the academic and public policy debates about that development and considers what, if anything, the language of human rights could add to those debates, and whether the addition would be welcome. One strand of the Article compares the debate over private policing with the debate over private military companies. Another strand compares private policing with private prisons, in light of the recent ruling by the Supreme Court of Israel declaring private prisons unconstitutional. The Article concludes that the benefits of introducing the language of human rights into debates about private policing are far from clear—with one exception. Human rights, particularly as codified in international treaties, do seem a promising way to get traction on a particular aspect of police privatization that has received less attention than it deserves: the way in which widespread reliance on private security firms may weaken public commitment to providing everyone with a minimally acceptable degree of protection against private violence. (shrink)

In his recent book, Daniel Korman contrasts ontological conservatives with permissivists and eliminativists about ontology. Roughly speaking, conservatives admit the existence of ‘ordinary objects' like trees, dogs, and snowballs, but deny the existence of ‘extraordinary objects', like composites of trees and dogs. Eliminativists, on the other hand, deny many or all ordinary objects, while permissivists accept both ordinary and extraordinary objects. Our aim in this paper is to outline some of our reasons for being drawn to permissivism, as well as (...) some of our misgivings about conservative metaphysics. In the first section, we discuss a tempting epistemic line of argument against conservatism. This isn’t a line of argument we find especially promising. Our most basic complaint against conservatism is not that conservatism has poor epistemic standing even if true, but instead that conservatism is weird. We develop this thought in the second part of the paper. In the final section we discuss some larger methodological issues about the project of ontology. (shrink)

Internationalism became an important feature of medicine and medical science during the second half of the nineteenth century. Internationalism emerged in a climate of nationalism and the latter sometimes affected cooperation, especially after the Franco-Prussian War of 1870-71, and the increased imperialism of the last third of the century. Against this backdrop, the International Sanitary Conferences, beginning with the first one in Paris in 1851, attempted to provide guidelines to control the spread of disease, especially cholera and plague. Quarantine (...) was seen as a central feature of disease control, but it remained a controversial measure, since it disrupted trade and inhibited freedom of movement. Most of the early Sanitary Conferences failed to reach agreement, but by the early twentieth century, a broader series of control measures began to be effected, as knowledge of the mode of spread of infectious diseases was achieved. (shrink)

In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) (...) known in-progress violent crimes, (2) interactions with civilians behaving non-aggressively, and (3) interactions with civilians behaving aggressively. It is argued that the context of a known in-progress violent crime gives rise to threat probability-, fairness-, and lesser evil-based reasons for a norm permitting police officers to use lethal force. However, in the contexts of civilians behaving non-aggressively and civilians behaving aggressively, such a norm is not justifiable. In the former case, I introduce two conditions, the Justification condition and the Valuing Civilian Lives condition, which I argue are not presently met. In the latter case, these two conditions again are not met; aggression may moreover be excused or justified due to background injustices around race and the criminal justice system. (shrink)

In this article, we explore some of the roles of cameras in policing in the United States. We outline the trajectory of key new media technologies, arguing that cameras and social media together generate the ambient surveillance through which graphic violence is now routinely captured and circulated. Drawing on Michel Foucault, we suggest that there are important intersections between this video footage and police subjectivity, and propose to look at two: recruit training at the Washington state Basic Law Enforcement (...) Academy and the Seattle Police Department’s body-worn camera project. We analyze these cases in relation to the major arguments for and against initiatives to increase police use of cameras, outlining what we see as techno-optimistic and techno-pessimistic positions. Drawing on the pragmatism of John Dewey, we argue for a third position that calls for field-based inquiry into the specific co-production of socio-techno subjectivities. (shrink)

ABSTRACT The article discusses the Hegelian opposition between institutions of Police and Corporation, leading to the objective spirit formed in the notion of the State. Juxtaposing both of Hegel's institutions against the usage of these notions proposed by Jacques Rancière (Police) and Alain Badiou (State of the Situation) opens a critical dividing line. We emphasize the inadequate handling of economic factors inherent in both notions, consequently obfuscating the economic conditioning of the political dimension in the social body. (...) Moreover, we supplement both of the institutions with an economic-counterpart notion; to Police we add “Private Property” and to Corporation “State of Technology”. Further, we apply Badiou's handling of Hegel's dialectics as the dialectics of “constitutive scission”. The dialectical play of private property and state of technology is distinguished in the dialectics of algebra of places and topology of localizations. The resulting intersection is shown to be the place of torsion – corresponding to the place of the Subject – an interval, where we confront an uttered “wrong”, an interruption in the smooth counting of parts in a social body. This torsion is an immanent backside operation of the economic structure as far as it is a necessary factor in the upsurge of political subjectivity. (shrink)

The Roman Inquisition against Heretical Depravity, also known as the Holy Office, established in 1542, and the Congregation of the Index of Prohibited Books, announced officially in 1572, undertook to protect Italy from ideas and practices that menaced the authority of the Roman Catholic Church in this world and the salvation of its members in the next. This grandiose public-health program required trained and dedicated thought police to receive and evaluate alarms from the public and, when business was (...) bad, to seek out sources of infection themselves. The resultant records of accusations, investigations, trials, condemnations, expurgations, and exceptions, if extant in its entirety, would go far to fill.. (shrink)

Fraud in Europe is complex and well organised: it crosses organisational and geographic boundaries. The policing of fraud, on the other hand, is characterised both at national and transnational levels by fragmentation and divided accountability. This paper considers the issues involved in combating fraud in European institutions and spending programmes. It discusses the roles of those bodies with transnational responsibilities such as UCLAF , the European Fraud Prevention Office and the European Court of Auditors. The paper considers the difficulties associated (...) with the Corpus Juris proposals for a single European legal area to facilitate the fight against fraud related to the European Budget. It concludes that the task of policing Europe is hampered not only by the diversity of national political and jurisprudential systems, but also by the weakness and lack of independence of the transnational institutions. (shrink)

The effectiveness of complaint handling and service recovery policies in customer retention has been the focus of both scholars and service organizations. In the past decade, Justice Theory has provided the basis of the dominant theoretical framework for complaint management and service recovery. However, it does not explicitly address unfair trade practices, which constitute an ethical issue. Favorable outcomes in complaint handling may not be able to restore the reputation of a company and the potential harm perceived by consumers. Using (...) face-to-face interviews, this study applies Fairness Theory to explore the psychological responses of consumers in the post-complaint phase, particularly in ethical judgment. The findings suggest that an unfavorable outcome in the post-complaint stage leads to counterfactual thinking by the consumer about the consumer's state of well-being. The complaint must be due to the discretionary actions of the service provider whose accountability is assessed. Those harmful actions are then judged against an ethical standard. Explanations can reduce blame, and their effectiveness is moderated by outcome favorability but not ethical judgment. Favorable outcome, captured by "Would Perception," has only limited influence on Perceived Potential Harm (PPH), which is an important determinant of ethical judgment. This study makes both theoretical and practical contributions. It is the first study to validate Fairness Theory empirically and apply it to complaint handling as a complement of Justice Theory in the information and communication technology (ICT) service context. The study indicates that customers may condemn a service provider because of PPH even though the outcome is favorable. Unfair trade practices are what make customers hate ICT service providers. (shrink)

Classical utilitarianism is very demanding and entails some counter-intuitive implications in moral dilemmas such as the trolley problem in deontological ethics and the repugnant conclusion in population ethics. This article presents how one specific modification of utilitarianism can avoid these counter-intuitive implications. In this modified utilitarian theory, called ‘discounted’ or ‘mild’ utilitarianism, people have a right to discount the utilities of others, under the condition that people whose utility is discounted cannot validly complain against such discounting. A complaint made (...) by a utility discounted person is not valid if either the existence of the discounting people in that option is in a specific sense necessary or the existence of the discounted person is in a sense not necessary. According to mild utilitarianism, we should choose the option that maximizes the total validly discounted or complaint-free discounted utility, i e. the sum of everyone’s utility minus the complaint-free discounts. As there are two conditions that make a complaint invalid, this right to discount can be translated into two versions: the right to bodily autonomy and the right to procreation autonomy. The former right relates to the mere means principle in deontological ethics, the latter right is useful in avoiding the repugnant conclusion problem in population ethics. The possibility of democratically imposing an upper bound on the permissible amount of discounting is discussed. (shrink)

’For each case against advertising, there is a stronger offsetting argument.’Dr Hyman is Visiting Professor of Marketing at Limburg University, Holland, and guest editor of a forth coming special issue of The Journal of Advertising on advertising ethics. Dr Skipper is Instructor of Philosophy at Southwest Texas State University.

The Complaint Model is an interpretation of Scanlon’s contractualism which holds that (1) an individual can reasonably reject a distribution of well-being when her complaint against that distribution is larger than any other person’s complaint against any other distribution. The Complaint Model further holds that (2) the size of an individual’s complaint against a distribution is a function of (2a) her absolute level of well-being under that distribution, with the size of her complaint increasing as her absolute (...) level of well-being decreases, and (2b) the size of her loss in well-being under that distribution relative to the level of well-being she could have enjoyed under the distribution most favourable to her, with the size of her complaint increasing as her loss increases. In this paper, I argue that the Complaint Model should be rejected, because the way in which it takes individuals’ losses into account leads to strongly counterintuitive results. In particular, I show that the Complaint Model may sacrifice the well-being associated with the least-well-off, secondleast-well-off, etc. positions for the sake of minimizing the largest complaint. I also argue that revisions to element (1) to allow for the aggregation of complaints must either leave the Complaint Model vulnerable to this objection or lead it to collapse into prioritarianism. The failure of the Complaint Model may lead us to search for an alternative way of taking losses into account. I conclude by arguing that the attractiveness of the Anonymous Pareto principle poses a challenge to any such alternative. (shrink)

Although the policing of gendered embodiment is central to ethnographic accounts of sexual minority bullying, data limitations have prevented population-level analyses of how gender expression shapes bullying victimization. Using novel data on gender expression, I document the dynamics of gender policing in contemporary American high schools. Analyzing population-representative surveys from eight states and 10 school districts, I examine how students’ assigned sex, sexual identity, and gender expression intersectionally shape their risk for bullying. Consistent with patterns of cultural sexism that stigmatize (...) male “femininity” more harshly than female “masculinity,” I find that gender expression powerfully stratifies bullying among boys but is seemingly unrelated to bullying for girls. Boys who report feeling seen as “very feminine” are 3.5 times more likely to be bullied than their “very masculine” peers. By contrast, girls’ bullying rates are roughly constant across the gender expression spectrum. Stratifying by sexuality, I find that highly conforming gender expression offers some protection against bullying for sexual minority boys but no protection for sexual minority girls. This study illustrates the value of gradational measures of gendered embodiment and makes newly visible the powerful sanctions pressuring boys into narrow, heteronormative enactments of masculinity. (shrink)

Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (...) (2) an algorithmic model: subsuming policing into technocratic judgements encoded in algorithms through strategies such as predictive policing (mitigating archetypal bias). This paper begins by considering the normative basis of the relationship between political community and policing. It then examines the justification of reallocative and algorithmic models in light of the relationship between political community and police. Given commitments to the depth and distribution of security—and proscriptions against dehumanizing strategies—the paper concludes that a nonideal-theory priority rule promoting respect for personhood (manifest in community and dignity-promoting policing strategies) is a necessary condition for the justification of the above models. (shrink)

’For each case against advertising, there is a stronger offsetting argument.’Dr Hyman is Visiting Professor of Marketing at Limburg University, Holland, and guest editor of a forth coming special issue of The Journal of Advertising on advertising ethics. Dr Skipper is Instructor of Philosophy at Southwest Texas State University.

This article explores the policies of discrimination and oppression towards Protestant communities in interwar Italy exercised by the state authorities and often incited by the Catholic Church. In particular, the circumstances in the multi-ethnic north-eastern region, the Julian March, are analysed in the context of so-called Border Fascism. The Protestant Churches had had in the past a prevalently ethnic character, but with the annexation to Italy, their background had been in several cases either concealed or, through migrations, Italians eventually became (...) majorities. Another significant characteristic is that Slovene and Croatian minorities only rarely adhered to Protestantism, other than the relatively few Seventh-day Adventists and ‘Fratelli’. Based on the archival documents, oppressive actions of the Fascist authorities against Adventists in Trieste as a response to a complaint by the Catholic curia accusing them of proselytism are reconstructed. The investigations and harassments of Adventists show all basic similarities to the episodes of oppression against certain Protestant minorities in other parts of Italy, while the nationality of their members was a crucial factor in determining why of all minority religions, aside from the Jewish, it was this community which experienced the most oppressive police treatment in the Julian March region. (shrink)

Recent scholarship on the social history of health and medicine in colonial India has moved beyond enclavist or hegemonic aspects of imperial medicine and has rather focused on the role of Indian intermediaries and the fractured nature of colonial hegemony. Drawing inspiration from this scholarship, the article highlights the significance of the Indian subordinates in the lock hospital system in the nineteenth century Madras Presidency. This study focuses on a class of Indian subordinates called the “gomastah”, who were employed to (...) detect clandestine prostitution in Madras to control the spread of venereal disease. It also underlines the role of other native and non-native subordinates such as Dhais, Chowdranies and Matrons, the ways in which they became indispensable for the smoother operation of the Contagious Diseases Act and the lock hospitals on a day-to-day basis. By emphasising how Indian subordinates were able to bring in caste biases within colonial governmentality, adding another layer to the colonial prejudices and xenophobia against the native population, it underlines the fact that there was not a one-way appropriation or facilitation of the coloniser’s knowledge or biases by the colonised intermediaries. Rather, it argues for an interaction between them, and highlights the complexities of caste hierarchies and prejudice within the everyday colonial governmentality. Moreover, the article focuses on the consequent chaos and inherent power struggle between different factions of colonial staff. (shrink)

Examining racial profiling in American policing, Naomi Zack argues against white privilege discourse while introducing a new theory of applicative justice. Deepening understanding without abandoning hope, Zack shows why it is more important to consider black rights than white privilege as we move forward through today's culture of inequality.