We live in a world of states: a world in which the dominant form of “persisting structure” for the wielding of political power is characterized by territorially concentrated power exercised through political institutions that exert sovereign control in the sense of being able to exclusively command compliance. Within such a world, calls for reorganization of the way these institutions are organized so as to devolve power to groups oppressed or marginalized within existing structures are inevitable. However, for (...) proponents of liberal states, such calls for devolving power pose a problem. When substate groups call for a reorganization in which power is devolved rather than reformed, they imply that within some portions of the state’s territory, or for certain of the state’s inhabitants, state-level political institutions cannot rightfully command compliance, or at least, cannot do so exclusively. Proponents of liberal states might respond to this problem by letting go of the need for exclusive command. However, for many proponents of liberal states, the prospect of a competing source of rightful command that may assert priority over decision making that applies to the entire territory is impractical, and conceptually difficult to sustain. An alternative response, one that preserves the pre-eminent position of institutions that encompass the state’s entire territory and population, is to insist that such institutions have a vital role in ensuring that the decision making of sub-state groups meets minimal conditions of moral equality and respect for human rights. Emphasizing the role of institutions that encompass the entire territory in guaranteeing minimal conditions of moral equality and respect for human rights seems promising, but it cannot provide a satisfactory account of the desirability of empowering state officials to exercise powers of oversight, and so it cannot justify reserving such powers in the face of calls for power to be devolved. This is most obvious in relation to oppressed an marginalized groups, as state officials recognize cannot reasonably expect members of such groups to accept officials as credible guarantors of moral equality or human rights. This problem aside, there is a basic problem with the way decision making is conceived of in arguments for the importance of reserving powers of oversight as groups calling for devolution of power are not susceptible to the kind of characterization that state officials would have to engage in to effectively gauge whether to intervene to secure moral equality and human rights. (shrink)

The controversy that accompanied the publication and reprinting of cartoons depicting the Prophet Muhammed as part of a 2005 editorial in the Danish newspaper Jyllands-Posten has been widely interpreted as yet another illustration of an ineliminable tension between multiculturalism and liberalism. Such an interpretation would have us believe that what is at issue in defending the cartoons is our commitment to civil liberties as a mainstay of liberal democracy. But is this really what is at issue? A closer examination suggests (...) that what is actually being defended in this case is not civil liberty but civil privilege. In particular, what is at issue is the privilege to exclude and define Muslims. (shrink)

Chronic poverty comes in a variety of forms. It is multi-dimensional in its causes and multi-dimensional in its impacts . Although poverty "has an irreducible economic connotation," this connotation "does not necessarily imply the primacy of economic factors" . For example, violent conflict, access to land, and social relations of power are among the most important factors in food security . Integration into global economic markets is as likely to be a source of immiseration and impoverishment as it is (...) a solution . Access to safe drinking water and basic sanitation are significantly impacted by displacement and violent conflict and its aftermath; displacement and violent conflict often have an ethnic dimension. (shrink)

A common opinion is that power has shifted from states to companies. This article discusses quantitative and qualitative aspects of power possessed by companies and by states. A more adequate comparison than that between company sales and gross national product is the one between company value added and GNP. Also more adequate is the comparison between the public sector and company net profit. These rival measures take down company power to about a tenth of the sales measure. (...) Also in qualitative terms the "exit power" of the company gives a low impact compared to governmental action and the article concludes that company power by common measures is overestimated. However, the aggregated long-term effect of the market economy on the development of society is most significant. But it is a mistake to use that judgment as an argument for the opinion that business executives are the major power holders in modern societies. Perceptions of power also have an impact on which expectations and commitments that can be judged as realistic and therefore the issue of power is central for the normative discussion about corporate social responsibility. (shrink)

The perception of behavior as a moral or conventional concern can be influenced by contextual variables, including status and power differences. We propose that social processes and in particular social role enactment through the exercise of power will psychologically motivate moralization. Punishing or rewarding others creates a moral dilemma that can be resolved by externalizing causation to incontrovertible moral rules. Legitimate power related to structure and position can carry moral weight but may not influence the power (...) holder’s perceptions of rules and general norms of behavior. Social identity theory suggests moralization could be promoted by a concern for shared, defining values. However, the tendency to moralize another’s behavior can be injurious to shared identity. We explored white-collar employees’ perceptions of several categories of noxious or deviant workplace behaviors and regressed these perceptions on the tendency to use legitimate, referent, or reward and punish power; social identity; and the interaction of social identity and power, in particular legitimate power. Only the tendency to influence others through punishment or reward predicted moralization. Alternative causal explanations for the findings were addressed through the absence of any relationships between punishment and reward power and perceptions of deviant behaviors as wrong, upsetting, or requiring punishment. We discuss these results in the context of self and social processes, the social construction of morals and power, and the impact of managers’ behavior on group or organizational ethics. (shrink)

The concept of legal power is important in the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off from “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of (...) power is limited to the “immediate” legal power of a physical person characterized by the power-holder achieving a legal result by the power-holder's own behaviour. It is argued that in the literature on power the concept of legal power is frequently construed in such a way that it becomes either too broad or too narrow. (shrink)

In this paper, we are concerned with the preorderings (SS) and (BC) induced in the set of players of a simple game by the Shapley–Shubik and the Banzhaf–Coleman's indices, respectively. Our main result is a generalization of Tomiyama's 1987 result on ordinal power equivalence in simple games; more precisely, we obtain a characterization of the simple games for which the (SS) and the (BC) preorderings coincide with the desirability preordering (T), a concept introduced by Isbell (1958), and recently reconsidered (...) by Taylor (1995): this happens if and only if the game is swap robust, a concept introduced by Taylor and Zwicker (1993). Since any weighted majority game is swap robust, our result is therefore a generalization of Tomiyama's. Other results obtained in this paper say that the desirability relation keeps itself in all the veto-holder extensions of any simple game, and so does the (SS) preordering in all the veto-holder extensions of any swap robust simple game. (shrink)

The moral acceptability of intellectual property rights is often assessed by comparing them to central instances of rights to material property. Critics of intellectual ownership claim to have found significant differences. One of the dissimilarities pertains to the extent of the control intellectual property rights bestow on their holders over the material property of others. The main idea of the criticism of intellectual ownership built around that dissimilarity is that, in light of the comparison with material property rights, the (...) power is excessive. In this article, I assess this objection to intellectual property rights in connection with patents and copyrights. I maintain that it is implausible. (shrink)

Conceptual knowledge inspires imagination. On the other hand, it is a claim to power as well. Multiple knowledge claims often, therefore, are engaged in a contest. This contest can take the form of several discourses. Extant power structures play a significant role in lending (or not lending) a voice to one or several such discourses. To one with the power to govern, knowledge claims flowing from abstract concepts generated in an elite discourse not only inspires imagination but (...) also often leads to ‘norms’ and ‘rules’ that drive governance in the system which leads to action. Norms and rules define actionability of the conceptual knowledge claim. However, for the one weighed by powerlessness in being governed, knowledge claims often get generated only in action, since an autonomous discourse is often lacking. Yet the sheer powerlessness of the authors of such knowledge claims generated in action leads to its non-celebration. It fails to get elevated. It might also wither away. Such actionable knowledge claims of the powerless often then gets manifested as something like an ‘unvoiced’ or an ‘unvoicable’ discourse, in macabre forms of subversion of ‘norms’ and ‘rules’ of the system that leads to a sense of failure in governance among those with power as well. Power, thus, brings actionable knowledge to the fore, but in two different forms. For the power-holder, it takes the form of a ‘deviation’ from norms and rules in the actionable domain through subversion by the powerless, revealing a gap between knowledge in the conceptual and actionable domain that is reluctantly (often tacitly) tolerated. For the powerless, on the other hand, actionable knowledge is living; negotiating on the ‘deviation’ is an existential requirement. This paper is an attempt to explore these dichotomies, how power (and the lack of it) alters the significance and implications of actionable knowledge. (shrink)

This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role governing the exercise of public power in international law and has been presented as the 'ultimate rule of law'.

In this paper we provide a formal analysis of the idea of normative co-ordination. We argue that this idea is based on the assumption that agents can achieve flexible co-ordination by conferring normative positions to other agents. These positions include duties, permissions, and powers. In particular, we explain the idea of declarative power, which consists in the capacity of the power-holder of creating normative positions, involving other agents, simply by proclaiming such positions. In addition, we account also for (...) the concepts of representation, namely the representatives capacity of acting in the name of his principal, and of mandate, which is the mandatees duty to act as the mandator has requested. Finally, we show how the framework can be applied to represent the contract-net protocol. Some brief remarks on future research and applications conclude this contribution. (shrink)

In this paper, I consider practical strategies for resolving the epistemic injustice that ill persons face when seeking medical treatment. My arguments will expand upon those initially made by Havi Carel and Ian James Kidd in “Epistemic Injustice in Healthcare: A Philosophical Analysis.” My approach to this problem is twofold. First, I will demonstrate how the phenomenological toolkit, as it currently stands, emphasizes the patient’s experience and leaves the doctor’s experience unadjusted. After this, I will explain how the toolkit can (...) be improved to include the doctor’s perspective. (shrink)

Human rights are particularly relevant in contexts in which there are significant asymmetries of power, but where these asymmetries exist the human rights project turns out to be especially difficult to realize. The stronger can use their disproportionate power both to threaten others’ human rights and to frustrate attempts to secure their fulfillment. They may even monopolize the international discussion as to what human rights are and how they should be implemented. This paper explores this tension between the (...) normative ideal of human rights and the facts of asymmetric power. It has two objectives. The first, pursued in section 2, is to reconstruct and assess a set of important power-related worries about human rights. These worries are sometimes presented as falsifying the view that human rights exist, or at least as warranting the abandonment of human rights practice. The paper argues that the worries do not support such conclusions. Instead, they motivate the identification of certain desiderata for the amelioration of human rights practice. The paper proceeds to articulate twelve such desiderata. The second objective, pursued in section 3, is to propose a strategy for satisfying the desiderata identified in the previous section. In particular, the paper suggests some ways to build empowerment into the human rights project that reduce the absolute and relative powerlessness of human rights holders, while also identifying an ethics of responsibility and solidarity for contexts in which power asymmetries will not dissolve. Power analysis does not debunk the human rights project. Properly articulated, it is an important tool for those pursuing it. (shrink)

In this text we discuss how power, mathematics and cryptography establish dialogues that are considered critical for the present, but which have influence from the past and concerns for the future. We contextualize our reflections from a historical perspective, especially in the Brazilian context, and advance the debates about how cryptography, based on mathematical theories, influenced and dynamized wars. Going a little beyond this historical context, we present some reflections concerning the role of cryptography as a means of data (...) security, one of the main discussions in contemporary society. In this reflection, we point out the position of power that the holders of this knowledge occupy, and that, in the scope of basic school, lacks important discussions for both teachers and students. (shrink)

Human rights are high priority norms that empower right holders to demand the benefits protected by their rights. This is no less true of socioeconomic human rights than civil and political human rights. I argue that realizing human socioeconomic rights requires that they be enacted into state law in such a way that individual right holders have the power to bring legal action in defense of their rights. Contrary to Thomas Pogge, it is not enough for states (...) simply to provide the benefits required by human rights. Unfortunately, limited resources mean that successful litigation by right holders threatens to disempower other right holders by distorting a fair distribution of limited resources, since those with the resources to litigate can command a disproportionate and unjust share of limited resources. Using the human right to health as an example, I argue that an important part of the solution requires specifying different aspects of the content of the right to health and adopting appropriately strong standards of judicial review. (shrink)

Power consists in the capacity of A to command B, even against B's wishes, whether directly or indirectly. Questions to do with who possesses it and in what degree are obscured by inflationary shifts of definition (as where power encompasses action as such, or right action, or co?operation). These misjudged moves are generally marked by the assumption that democracy displaces power. But if democracy ultimately persists as a voting procedure, its object is to create power?holders. (...) Democracy may endorse three electoral principles: (a) majority rule, or (b) enhanced majority rule, or (c) unanimity. Its commonest electoral device is (a), but its strongest moral defence for (a) implicitly is (c), which legitimates forms of (d) veto and forms of minority rule. If (d) is fair, this need not follow from (a). Nor is (a) right in virtue of superior power. Democracy is commonly a combination of (a) plus (e) defence of individual and corporate rights. But this combination, while apt and convenient, is not incontestably coherent. Despite growing support for deliberation over election, if democracy must be impelled by (a), thus far does it sustain, not topple, power. If power persists more stably under democracies than elsewhere, sustained caution in regard to its supposed ?circularization? is fully warranted. (shrink)

Corporate social responsibility (CSR) is a dramatically expanding area of activity for managers and academics. Consumer demand for responsibly produced and fair trade goods is swelling, resulting in increased demands for CSR activity and information. Assets under professional management and invested with a social responsibility focus have also grown dramatically over the last 10 years. Investors choosing social responsibility investment strategies require access to information not provided through traditional financial statements and analyses. At the same time, a group of mainstream (...) institutional investors has encouraged a movement to incorporate environmental, social, and governance information into equity analysis, and multi-stakeholder groups have supported enhanced business reporting on these issues. The majority of research in this area has been performed on European and Australian firms. We expand on this literature by exploring the CSR disclosure practices of a size- and industry-stratified sample of 50 publicly traded U.S. firms, performing a content analysis on the complete identifiable public information portfolio provided by these firms during 2004. CSR activity was disclosed by most firms in the sample, and was included in nearly half of public disclosures made during that year by the sample firms. Areas of particular emphasis are community matters, health and safety, diversity and human resources (HR) matters, and environmental programs. The primary venues of disclosure are mass media releases such as corporate websites and press releases, followed closely by disclosures contained in mandatory filings. Consistent with prior research, we identify industry effects in terms of content, emphasis, and reporting format choices. Unlike prior research, we can offer only mixed evidence on the existence of a size effect. The disclosure frequency and emphasis is significantly different for the largest one-fifth of the firms, but no identifiable trends are present within the rest of the sample. There are, however, identifiable size effects with respect to reporting format choice. Use of websites is positively related to firm size, while the use of mandatory filings is negatively related to firm size. Finally, and also consistent with prior literature, we document a generally self-laudatory tone in the content of CSR disclosures for the sample firms. (shrink)

This research illustrates dangers inherent in the gap created when organizations decouple ethics program adoption from implementation. Using a sample of 182 professionals in the pharmaceutical and financial services industries, we examine the relationship between structural decoupling of formal ethics programs and individual-level perceptions and behavior. Findings strongly support the hypothesized relationships between decoupling and organizational members’ legitimacy perceptions of the ethics program, psychological contract breach, organizational cynicism, and unethical behavior.

Official apologies and truth commissions are increasingly utilized as mechanisms to address human rights abuses. Both are intended to transform inter-group relations by marking an end point to a history of wrongdoing and providing the means for political and social relations to move beyond that history. However, state-dominated reconciliation mechanisms are inherently problematic for indigenous communities. In this paper, we examine the use of apologies, and truth and reconciliation commissions in four countries with significant indigenous populations: Canada, Australia, Peru, and (...) Guatemala. In each case, the reconciliation mechanism differentiated the goal of reconciliation from an indigenous self-determination agenda. The resulting state-centered strategies ultimately failed to hold states fully accountable for past wrongs and, because of this, failed to transform inter-group relations. (shrink)

The universe appears fine-tuned for life. Bayesian confirmation theory is utilized to examine two competing explanations for this fine-tuning, namely design (theism) and the existence of many universes, in comparison with the ’null’ hypothesis that just one universe exists as a brute fact. Some authors have invoked the so-called ’inverse gambler’s fallacy’ to argue that the many-universes hypothesis does not explain the fine-tuning of ’this’ universe, but flaws in this argument are exposed. Nevertheless, the hypothesis of design, being simpler, is (...) arguably of higher prior probability and, therefore, to be preferred. The hypothesis of the single brute-fact universe is disconfirmed. (shrink)

The value relevance of corporate social responsibility performance disclosures for financial markets participants remains uncertain despite advances in the literature and the recent proliferation of CSR disclosures around the world. Using an experimental approach involving MBA students at universities in the United States and Lebanon, we study the value relevance of CSR disclosures by testing whether they affect participants’ personal portfolio management investment decisions. We also examine whether the degree to which the CSR disclosures affect these decisions is influenced by (...) corporate governance quality. To examine these issues, we examine the effect of environmental performance on investment decisions in Experiment 1, and the effect of labor performance on investment decisions in Experiment 2. Results from both experiments show that investment decisions are affected by CSR performance. Analysis shows that governance strength exerts a marginal effect on the investment decision only when CSR performance is strong. Lebanese participants appear to be more sensitive to weak performance than U.S. participants. Overall, our findings extend the CSR disclosures literature by documenting the value relevance of CSR performance for financial markets participants’ decision making. These findings also extend the governance literature by documenting that consistent with attribution theory, the effects of governance quality are contingent upon the information and decision context, and that efforts to decontextualize governance may be counterproductive. (shrink)

Hume's argument concerning miracles is interpreted by making approximations to terms in Bayes's theorem. This formulation is then used to analyse the impact of multiple testimony. Individual testimonies which are ‘non-miraculous’ in Hume's sense can in principle be accumulated to yield a high probability both for the occurrence of a single miracle and for the occurrence of at least one of a set of miracles. Conditions are given under which testimony for miracles may provide support for the existence of God.

Recent years have featured a spate of regulatory action pertaining to the development and/or disclosure of corporate governance structures in response to financial scandals resulting in part from governance failures. During the same period, corporate governance activists and institutional investors increasingly have called for increased voluntary governance disclosure. Despite this attention, there have been relatively few comprehensive studies of governance disclosure practices and response to the regulation. In this study, we examine a sample of 50 U.S. firms and their public (...) disclosure packages from 2004. We find a high degree of variability in the presentation and reporting format choices for many elements of the governance structure. This variability includes several items for which disclosure is mandated by regulators or legislative action. In particular, smaller firms offer fewer disclosures pertaining to independence, board selection procedures, and oversight of management (including whistleblowing procedures). There are also trends associated with board characteristics: boards that are less independent offer fewer disclosures of independence and management oversight matters. Moreover, large firms provide more disclosures of independence standards, board selection procedures, audit committee matters, management control systems, other committee matters, and whistleblowing procedures but do not appear to have a strictly superior information environment when compared to smaller firms. The findings raise questions about compliance with regulatory requirements and the degree to which conflicts of interest between managers and directors are being controlled. While there have been notable improvements in the information environment of governance disclosures, there remain structural issues that may possess negative ramifications for stakeholders. (shrink)

Recent years have featured a leap in academic and public interest in Corporate Social Responsibility (CSR) activities and related corporate reporting. Two main themes in this literature are the exploration of management incentives to engage in and disclose this information, and of the use and value of this information to market participants. We extend the second theme by examining the interest that specific investor classes have in the use of CSR information. We rely on feminist intersectionality, which suggests that gender (...) intersects with other identities to yield different values, experiences, and opportunities that can lead to gender-based preferences for CSR information. Based upon a survey of 750 US-based retail investors, we find that female retail investors have a greater interest in the use of CSR information, relative to male retail investors. Women express greater anticipated future demand for this information than do men. Further, the magnitude of the increase from current use to anticipated future demand is greater for women than men. Age is a significant modifying factor in that the discrepancy between women of any age and older men is greater than that between women and younger men. Finally, women also exhibit greater demand for streamlining of the information flow, consistent with pressures induced by time poverty. It appears that current disclosure practices provide a less than optimal match with the needs of the information consumers that are primarily interested in using this information. This mismatch may result in a systematic disenfranchisement of female investing classes which suggests an ethical need to level the playing field. (shrink)

The quality of corporate disclosures has drawn increasing levels of criticism from Congress and the SEC. A subject of particularly intense scrutiny and action is the Management’s Discussion and Analysis (MD&A). This narrative, intended to provide an inside perspective on the reported results of the firm, is particularly important when attempting to evaluate the investment prospects of the marginal or poorly performing firm. However, managers may restrict the information content of the disclosure, raising potential concerns about ethical behavior. In this (...) study, we employ a proprietary instrument to measure the quality of MD&A disclosures for a sample of firms entering financial distress. We evaluate the disclosure behavior of these firms in an effort to determine whether changes in the disclosure appear to be motivated primarily by economic or ethical concerns. We find, on average, that firms increase disclosure quality in the year of initial distress. However, sustained increases in disclosure quality are limited to firms that subsequently recover from the distress. The results suggest that observed changes in disclosure are driven primarily by economic considerations, rather than ethical ones, especially in good economic times. (shrink)

The depth and diversity of scholarship on both Nāgārjuna and Kant is so staggering that any work invoking both risks losing itself in a sea of competing currents. I hope that the present offering is modest enough to stay afloat, but incisive enough to present interested readers with a thought-provoking case. Rather than a comparison between Kant and Nāgārjuna, my goal is to present an interpretation of Nāgārjuna that is lent systematic support by Kantian presumptions. Specifically, I am proposing a (...) reading of Nāgārjuna's Mūlamad-hyamakakārikā that takes advantage of a Kantian picture of the nature of judgment to account for how this text may achieve its goals.To accomplish this, we must set out with a... (shrink)

Are there wrongs for which states cannot apologise? In this chapter, I argue that the answer is 'Yes'. I begin with the simple observation that reasoning as a state official requires a conception of what officials do, and so a conception of what is - and is not - properly undertaken on behalf of the state. To act as an official, then, requires a theory of what happens in a well functioning state: it requires a 'normative theory of the state. (...) What officials believe to be necessary for a state to be a good example of its kind will affect what they recognise as outside the bounds of what a state official ought to do. This limit on what can be recognised as something prior officials ought not to have done is illustrated by Canada's official apology for imposing residential schools on indigenous peoples. Canada's official apology left out a crucial feature of the schools policy in part because of the influence of integrationist theories of the state. An integrationist view of good statehood has limited officials' ability to see the project of restructuring indigenous communities and inculcating attachment to an overarching identity as a wrong in itself, and distorted officials' diagnosis of what went wrong in previous policy. One effect has been to allow contemporary officials to offer a sincere and comprehensive apology for past officials' human rights violations in indigenous communities while themselves pursuing policies in these communities that violate human rights. The lesson of the Canadian apology is that how state officials theorise the state can undermine their capacity to recognise human rights violations for what they are and distort their judgements of what must be done in remedy. (shrink)

It is claimed that the universe appears to be fine-tuned so as to admit the development of life. In this article Rodney Holder examines the evidence for fine-tuning and the chief rival explanation to design, namely the existence of a.

In what follows we present group rights as portrayed in contemporary theoretical debates; compare this portrayal with some of the claims actually advanced by various indigenous groups throughout the world; and give reasons for preferring the practical to the theoretical treatments. Our findings suggest that liberal-individualist and corporatist accounts of group rights actually agree on the kind of importance that group interests have for persons and on what it is that groups who claim rights are concerned about. Both liberal-individualists and (...) corporatists locate the importance of group interests in the personal psychology of individual group members. As a result, both treat group interests (such as cultural integrity) as not only different in kind from individualized interests such as freedom of expression but as potentially in competition with them. In contrast, the real-world demands of indigenous groups place emphasis on concrete ways in which the preserving of communal life can be important to individuals’ well-being, in addition to the various spiritual and symbolic resources which such life may provide. These practical aspects of communal life make individuals’ group interests a lot like their individualized ones, and so suggest that group rights do not introduce new or distinctive theoretical questions. Instead, group rights are raise familiar questions about how individuals’ interests ought to be balanced against one another when they are in competition; what counts as an adequate institutional structure for the instantiation of a right; and who ought to be recognized as an authoritative judge of whether a right has been respected. (shrink)

Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the capacity of both peoples (...) and persons to engage in culture is taken to be as basic a component of human dignity as are freedom of movement, freedom of speech, and freedom from torture. It is not an accident that this treatment of culture has emerged from international documents treating indigenous peoples. However, the value of this treatment of culture extends beyond the human rights of indigenous peoples. Treating culture as an activity establishes an understanding of what cultural rights protect that clarifies the relationship between cultural rights and other mechanisms for protecting minorities and frames the role of cultural communities in the realization of human dignity as an important physical and political issue, not just a psychological one. For these reasons, the norms regarding cultural rights that are emerging from international documents treating indigenous peoples are a much-needed step forward for peoples' rights more generally. (shrink)

What did kratos imply in the classical democratic context? Focusing on the two Constitutions of the Athenians traditionally attributed to Xenophon and Aristotle respectively, this article explores differences among kratos and three proximate terms: archē (de facto governance or magistracy), kuros (authority, perceived as legitimate), and dēmagōgia (leadership). With Benveniste and Loraux, it argues that kratos specifically signalled ‘superiority’ or ‘predominance’, as revealed in combat or other form of contest. Dēmokratia thereby connoted the forceful predominance of the dēmos (‘assembly’, ‘collective (...) common people’) over the rest of the community, including office-holders (archontes, archai) and political leaders (dēmagōgoi). The association of kratos with force directs attention to the martial underpinnings of classical demotic authority, incidentally highlighting a weakness in modern democracy: the dēmos’ lack of kratos over the political elite when that elite controls military and police power. (shrink)

Who constitutes the public on whose behalf such an official speaks and in whose name the apology is offered? In this paper I argue that in most cases, the “public” that the official offering an apology represents and on whose behalf the apology is offered is not the general public but the public sector: those who direct, control and populate the apparatus of the state. I argue that in most cases there is not a plausible model according to which public (...) sector actors can be treated as vehicles for actions, decisions, projects and values of the general public: a public sector actor is not an avatar of the general public. This makes for a gap between public officials and the general public that must be explicitly bridged with respect to actions, decisions and attitudes named in a public apology in order for members of the general public to perceive themselves as part of either the wrongs for which apology is offered or the apology itself. Recognizing this gap does not imply that members of the general public are not or cannot be responsible for wrongs perpetrated by public sector actors. However, it does imply that the source of the responsibility will not usually be found in public officials having acted at the behest of or for the sake of the general public. (shrink)

It seems undeniable that some cultures encourage individuals to act in ways that harm others, and/or to believe that there is nothing wrong when another acts in a way that harms them. And when this is the case it also seems undeniable that it would be better if the scope for such cultures to guide individuals' decision-making were minimized or even eliminated. From these observations a number of people have inferred that groups which exhibit bad cultures ought not to be (...) permitted to hold or exercise group rights. Susan Okin's liberal feminist critique of multiculturalism is one of the most interesting and persuasive examples of this type of argument. In this paper I take a closer look at Okin's critique and ask whether it actually does give one reason to be skeptical about group rights. I conclude that it does not. For although the worries which animate Okin's critique are good ones to have, it is a mistake to think that they are about group rights. Moreover, insofar as Okin's concerns are well motivated they are not actually worries about morally problematic cultures but rather worries about groups' internal political and social structures. These worries should not be equated. Ultimately (I argue) it is not only misleading but counterproductive to focus on the viciousness of a group's culture as a potential reason for disqualifying it from holding or exercising rights. (shrink)

It is shown that, for certain classes of cosmological model which either postulate or give rise to infinitely many universes, only a measure zero subset of the set of possible universes above a given size can in fact be physically realized. It follows that claims to explain the fine tuning of our universe on the basis of such models by appeal to the existence of all possible universes fail.

We consider the evidence that RA†, the vitamin A metabolite, is involved in three fundamental aspects of the development of the CNS: (1) the stimulation of axon outgrowth in particular neuronal sub‐types; (2) the migration of the neural crest; and (3) the specification of rostrocaudal position in the developing CNS (forebrain, midbrain, hindbrain, spinal cord). The evidence we discuss involves RA‐induction of neurites in cell cultures and explants of neural tissue; the teratological effects of RA on the embryo's nervous system; (...) the observation that RA can be detected endogenously in the spinal cord; and the fact that the receptors and binding proteins for RA are expressed in precise domains and neuronal cell types within the nervous system. (shrink)

Edited by Andrew Hunt and Cally Spooner with an introduction by Will Holder, this new title contains Cally Spooner’s complete scripts to date. As an artist who writes neither from a confessional standpoint, nor from the position of fragmented ‘art writing’, Spooner’s prose makes the verbal visual, and focuses on a visceral use of text as an invitation to act. Her narratives operate energetically in collective schisms through being performed, and often collapse to attack the spectator, observer or reader. Importantly, (...) the artist appropriates historical voices as a mode of activity, and uses theory to ignite imaginative scenarios. Scripts comprises twelve works produced between 2009 and 2015, including: A Six Stage Manifesto On Action, Collapsing In Parts, and And You Were Wonderful, On Stage. This book is the first in the ‘Slimvolume Synthesis’ series, a sequence of publications that includes texts by artists, critics, curators, poets and theorists to produce new creative disjunctions between art and writing. (shrink)

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. By this is meant that securing individuals in their human rights requires limits on the rights of their peoples, and vice versa. In contrast, the Draft UN Declaration on the Rights of Indigenous Peoples (the Draft Declaration) treats the two as not only mutually supporting but mutually necessary. In the Draft Declaration, the right of peoples to self-determination is more than a principle (...) that constrains states in their behavior towards other states and territories “outre-mer”; it also constrains states within their domestic realm. This view of self-determination reflects the experience of many indigenous groups, for whom refusal to respect the integrity of their group and failure to respect the integrity of their persons have gone hand in hand. In this chapter, I argue that the Draft Declaration’s treatment of self-determination is right: self-determination is a human right and this human right is the same right that underpins the rights of states. Treating an interest of peoples like self-determination as a constitutive element of human dignity raises practical worries about the stability of the international system, and philosophical worries about potential conflicts between individuals and peoples. But it also casts state sovereignty itself in a different light. This new light has interesting consequences both for international law and for philosophical debates about minorities within minorities. In particular, it allows one to think about questions about internal minorities as ultimately questions about legitimacy and representation. (shrink)