Undisputed letters of Paul and Acts of the Apostles are replete with details of the Gentile Missionary’s multiple imprisonments, so much as to qualify him a ‘jailbird’ description. Paul’s incarceration in Herod’s palace for 2 years (Ac 23:34–35), his arraignment before Governor Felix and subsequent detention for 5 days before plea (Acts 24) on charges of inciting public violence, being a ringleader of a cultic faction and causing disturbances in the Jerusalem Temple, resonate with the contentious arrests and imprisonment (...) without bail and trial of members of opposition political parties in Zimbabwe. Consistent with New Testament passages that exhort caring for prisoners and the need to grant justice to those facing trial, this study seeks to understand how inmates in Zimbabwean prisons have been on the receiving end of relics of the ancient Roman Legal system in the country’s Human Rights history between 2018 and 2022. The article demonstrates how the New Testament can be deployed to grapple with distress calls emerging from Zimbabwe’s prison walls as part of advocacy for judicial reforms in the country’s quest for rule of Law. At the end, the article recommends ways in which Churches in Zimbabwe can tap from New Testament passages how to operate an effective prison ministry in liaison with the Prisons and Correctional Services Department of the Government of Zimbabwe. The article employs qualitative methods of Socio-Historical and Ethnographic Analyses to discuss how human rights pitfalls in Paul’s imprisonments present remedial lessons in Zimbabwe’s quest for judicial reforms. Contribution: Deployment of the Bible to redress Human Rights issues in Zimbabwe. Demonstration of how Early Christian Literature can dialogue with contemporary African Sitz im Leben for social transformation. (shrink)

Over 90% of the organs transplanted in China before 2010 were procured from prisoners. Although Chinese officials announced in December 2014 that the country would completely cease using organs harvested from prisoners, no regulatory adjustments or changes in China’s organ donation laws followed. As a result, the use of prisoner organs remains legal in China if consent is obtained. We have collected and analysed available evidence on human rights violations in the organ procurement practice in China. We demonstrate (...) that the practice not only violates international ethics standards, it is also associated with a large scale neglect of fundamental human rights. This includes organ procurement without consent from prisoners or their families as well as procurement of organs from incompletely executed, still-living prisoners. The human rights critique of these practices will also address the specific situatedness of prisoners, often conditioned and traumatized by a cascade of human rights abuses in judicial structures. To end the unethical practice and the abuse associated with it, we suggest to inextricably bind the use of human organs procured in the Chinese transplant system to enacting Chinese legislation prohibiting the use of organs from executed prisoners and making explicit rules for law enforcement. Other than that, the international community must cease to abet the continuation of the present system by demanding an authoritative ban on the use of organs from executed Chinese prisoners. (shrink)

In the United States, information about a person’s criminal history is accessible with a name and date of birth. Ruth Crampton has studied nurses’ care for prisoner-patients in hospital settings and found care to be perfunctory and reactive. This article examines whether it is morally permissible for nurses in hospital settings to access information about prisoner-patients’ criminal histories. Nurses may argue for a right to such information based on the right to personal safety at work or the obligation (...) to provide prisoner-patients with the care that they deserve. These two arguments are considered and rejected. It is further argued that accessing information about a prisoner-patient’s criminal history violates nurses’ duty to care. Care, understood through Sarah Ruddick’s account as work and relationship, requires nurses to be open and unbiased in order to do their part in forming a caring relationship with patients. Knowledge of a prisoner-patient’s criminal history inhibits the formation of this relationship and thus violates nurses’ duty to care. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ought We to Require Emotional Capacity as Part of Decisional Competence?Paul S. Appelbaum* (bio)AbstractThe preceding commentary by Louis Charland suggests that traditional cognitive views of decision-making competence err in not taking into account patients’ emotional capacities. Examined closely, however, Charland’s argument fails to escape the cognitive bias that he condemns. However, there may be stronger arguments for broadening the focus of competence assessment to include emotional capacities, centering on (...) the ways in which emotions aid humans in processing information. Before emotional capacities are added to the list of functions essential for decisional competence, though, the feasibility and utility of such a reorientation must be demonstrated.To what extent ought persons’ capacities to experience emotion be taken into account when determining whether they should be deemed competent to make their own decisions? In the previous article, Louis Charland (1998) argues that traditional models of decision-making competence—of which the MacArthur Competence Treatment Study is a typical example—are mistaken in focusing narrowly on persons’ cognitive abilities to the neglect of emotional factors. In contrast, he suggests, constructs of competence ought explicitly to require a capacity to experience emotions, which he believes is central to meaningful decision making, before deeming persons competent.Charland, as he acknowledges, is not the first to suggest that the presence of some degree of emotional capacity is a necessary element of competence, but his argument is among the most elaborate to date and is certainly worth closer examination. Looked at carefully, however, Charland’s argument does not make quite the case for the determination of emotional capacity in competence assessment that he claims for it. Indeed, as I demonstrate below, Charland may share the same “pernicious [End Page 377] cognitive bias” that he ascribes to more traditional approaches. However, despite what I identify as the problems in Charland’s argument, others have raised more disturbing questions about the lack of attention to emotional issues in competence assessment. Thus, I am not ready to reject entirely the possibility that determinations of decisional competence ought to consider emotional factors. I conclude by outlining the questions that remain to be answered to identify more clearly the potential benefits of such an approach.The Construct of Decision-Making CompetenceSome preliminary comments about the nature of the dominant construct of decision-making competence may provide a useful frame for my response to Charland’s paper. Contemporary ideas of competence are tied inextricably to the ideal of self-determination in modern Western societies. Such societies are committed to respect for individual choice, both as a good in its own right and on the grounds that each person knows best what choices will maximize his or her own welfare. In general, therefore, states will not intervene to prevent persons from acting on their decisions, even when the choices they make—like the decision to smoke or to refuse potentially life-saving medical care—may objectively be thought to be detrimental to them.In some cases, however, the presumption that people will act in their own interests, as well as the notion that there is something intrinsically valuable in respecting their choices, fails (Buchanan and Brock 1989). When people’s minds are so disordered that they cannot be said to be making meaningful choices, other values come into play. Such people are called “incompetent.” When persons reach that point, the state’s interest in protecting its citizens becomes primary and someone else must make decisions on their behalf. Note that the size of this group must be sharply limited, lest a liberal society’s commitment to self-determination be undermined: There is no more profound infringement of the rights of citizens than the determination that they are incompetent. Thus, the criteria for incompetence must be selected in a deliberately narrow fashion—alternately, one might say that the standards for competence are made intentionally broad—so that all but a tiny percentage of citizens will be permitted to make decisions on their own.In the Anglo-American world, the process of formulating criteria of competence by and large has been left to the common law courts. Over the course of centuries they have identified the capacities that are, in... (shrink)

Liberal societies are built on a foundation of personal rights, including the right to make decisions about the medical treatment that one will receive or decline to receive. So essential to the liberal project is the power of individual choice that it will be abrogated only in the most extreme situations, in which persons seem to be unable to make rational decisions and thereby to protect their interests. A small number of decision-related abilities have been identified as relevant to (...) the determination of when a person will be deemed decisionally incapable: understanding, appreciation, reasoning, and choice. It would seem prudent to tinker with these standards cautiously—if at all.... (shrink)

The authors employ Rawls's distinction between the reasonable and rational capacities to show why and how rational choice theory cannot provide adequate explanations of human behavior. According to Rawls, the reasonable capacity, associated with the concept of right and the sense of justice, is no less fundamental a moral power than is the rational, associated with the concept of the good and self-interest. Since rational choice analysis presupposes the primacy of rationality, however, those who rely upon it see persons' expressions (...) of conceptions of right as expressions of rationality. The authors argue that in cases ranging from prisoner's dilemma experiments to the analysis of social institutions, rational choice theorists encounter expressions of the reasonable but cannot, because of their theoretical commitments, take systematic account of them. The article concludes by making some tentative suggestions about the form political analysis based on both the reasonable and the rational capacities might take. (shrink)

Some years ago I received a phone call telling me that my mother, then in her eighties, had been found wandering the street outside her home. It was the first indication my wife and I had of Alzheimer's disease. We arrived to discover that my mother was incoherent, with the house in disorder, bills unpaid, and perishable food in the night table rather than the refrigerator. Having spent much of my career trying to improve the assessment of decisional capacity, in (...) part to avoid unnecessary deprivation of decision-making rights, I did not take lightly the step to have my mother declared incompetent. But it was necessary. This episode has been on my mind since I returned recently from a conference in Paris devoted to the United Nations Convention on the Rights of Persons with Disabilities. (shrink)

How do journalists sort out the tangle of legal rights and ethical responsibilities in their everyday news work? A survey of 1,037 journalists and in-depth interviews with 22 others, found substantial evidence for 3 models of the relation of law and ethics: a Separate Realms model, a Correspondence model, and a new "Responsibility Model" in which the law is considered in problematic situations but only as one of several considerations in what is essentially an ethical decision. The findings have (...) implications for the maintenance of generous levels of First Amendment freedom news media currently enjoy. (shrink)

The doctrine of God is central to theology for it determines the way in which other regions of Christian doctrine are articulated, yet work on this topic in its own right has been occluded recently by treatments of the Trinity or divine passibility. This collection of specially commissioned essays presents major treatments of key themes in the doctrine of God, motivated by but not restricted to the work of Professor Paul S. Fiddes to whom it is offered as a Festschrift. (...) It includes invigorating discussions of the biblical and non-biblical sources for the doctrine of God, and the section on 'Metaphysics and the Doctrine of God' examines some of the most important conceptual questions arising in contemporary theological debate about the being and nature of God, and God's relations to the world. The final section of the book on 'God and Humanity' will be highly relevant to scholars working in the fields of theological anthropology, moral and political theology, on inter-faith relations, on theology and literature, or who are interested in the impact of contemporary science on the doctrine of God. The introduction relates the essays in the book to the work of Professor Fiddes and to wider debates in Christian doctrine. This volume brings together a team of internationally distinguished scholars from a wide range of theological, philosophical, and religious perspectives, and it will stimulate fresh thinking and new debate about this most central of topics in Christian theology.--Publisher. (shrink)

Self-harm is a potentially lethal symptom of borderline personality disorder (BPD) that often improves with dialectical behavior therapy (DBT). While DBT is effective for reducing self-harm in many patients with BPD, a small but significant number of patients either does not improve in treatment or ends treatment prematurely. Accordingly, it is crucial to identify factors that may prospectively predict which patients are most likely to benefit from and remain in treatment. In the present preliminary study, twenty-nine actively self-harming patients with (...) BPD completed brain-imaging procedures probing activation of the prefrontal cortex during impulse control prior to beginning DBT and after seven months of treatment. Patients that reduced their frequency of self-harm the most over treatment displayed lower levels of neural activation in the bilateral dorsolateral prefrontal cortex prior to beginning treatment, and they showed the greatest increases in activity within this region after seven months of treatment. Prior to starting DBT, treatment non-completers demonstrated greater activation than treatment-completers in the medial prefrontal cortex and right inferior frontal gyrus. Reductions in self-harm over the treatment period were associated with increases in activity in right dorsolateral prefrontal cortex even after accounting for improvements in depression, mania, and BPD symptom severity. These findings suggest that pre-treatment patterns of activation in the prefrontal cortex underlying impulse control may be prospectively associated with improvements in self-harm and treatment attrition for patients with BPD treated with DBT. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.2 (2004) 226-227 [Access article in PDF] Will Dudley. Hegel, Nietzsche and Philosophy: Thinking Freedom. New York: Cambridge University Press, 2002. Pp. xvii + 326. Cloth, $60.00. Clear and concise statements are among the virtues of Hegel, Nietzsche and Philosophy: Thinking Freedom, beginning with its title. The book develops an account of human freedom through close attention to Hegel's and Nietzsche's thinking. That (...) account affirms philosophy as a liberating activity that makes freedom ever more "comprehensive" by overcoming external constraints, both actual and theoretical. Hegel takes the project of realizing freedom over from Kant, who had himself advanced it beyond the legacy of "liberalism," and Nietzsche is read here as advancing beyond Hegel's perspective. A very considerable clarification of the structure and content of Hegel's thought about freedom is offered in the first four chapters, and many plausible imputations are made in the second four that illuminate important dimensions of Nietzsche's work. Finally, the role of philosophy as liberating activity is revealed in both "systems," albeit in very different conceptions of what that philosophical activity is like.The greatest strength of the book lies in its erudite and lucid unpacking of Hegel's adamantine thought. Abstract expositions of arguments are often accompanied by helpful examples taken from simple, familiar contexts. Unfortunately, the scope of this review is entirely inadequate to even a summary account of the many dialectics which Dudley reveals [End Page 226] in structural transparency, from the freedom of willing in the Philosophy of Right to freedom beyond willing in absolute Spirit. The body of this book contributes an excellent new commentary on Hegel's conception of freedom, while in his footnotes Dudley offers a rich counterpoint to his own themes in frequently lengthy excurses on much of the relevant literature.However, although Dudley notes at the outset (10-11) that Hegel's and Nietzsche's styles are so different as to require a different style of interpretive treatment, he seems to have forgotten this promise by the time he reaches his discussion of Nietzsche. Instead, Dudley breaks arguments down into their various elements, revealing symmetries to obtain between and among these, in the service of a quasi-dialectical method that sees Nietzsche's thought advance by overcoming its own internal inadequacies. Such a method of analysis seems well suited to Hegel, but it is less persuasive in treating Nietzsche's much more amorphous work, especially as any chronological approach to Nietzsche, which might ground such a developmental claim, is explicitly eschewed. Frequent extended quotation of Nietzsche throughout makes that incongruity of styles particularly strident.Dudley's admittedly Hegelian reading (176) of Nietzsche describes an arc of development in strategies for obtaining freedom: from the enslavement to simple material needs in "disgregation" (a coinage of Werner Hamacher's, apparently, who is cited, but not as the source of this term), through the partial freedom of the moral will, to the self-determined noble will, which itself is aufgehoben by the tragic will. The dynamics of this process are complicated, and laying them out constitutes the lion's share of the analysis. One must forge one's own will, we read, by "giving birth to oneself as a living whole," something accomplished by "integrating the chaos that results from the destruction of the moral will." This feat of "integration" is itself first accomplished by giving oneself "customs" which, however, soon become a new form of unfreedom; what ultimately is needed is "a complementary combination of nobility and modernity, of setting oneself apart from and holding oneself open to the chaotic stimuli beyond one's measure" (177). These are just the barest bones on which Dudley hangs a lot of flesh—not all of which appears natural there. Dudley articulates Nietzsche's ideas in sentences like these: "Recall that the sovereign, noble will is the offspring of the genius of giving birth applied by the individual to herself. Now the transformative destruction of this will results from such a reflexive application of the genius of impregnation; the individual transgresses... (shrink)

For many years, biology was largely descriptive (natural history), but with its emergence as a scientific discipline in its own right, a reductionist approach began, which has failed to be matched by adequate understanding of function of cells, organisms and species as whole entities. Every effort was made to explain biological phenomena in physico-chemical terms.It is argued that there is and always has been a clear distinction between life sciences and physical sciences, explicit in the use of the word biology. (...) If this distinction is real, it implies that biological phenomena can never be entirely satisfactorily explained in terms of extant physicochemical laws. One notable manifestation of this is that living organisms appear to -- actually do -- behave in purposeful ways, and the inanimate universe does not. While this fundamental difference continues to be suppressed, the purposiveness (or teleology) which pervades biology remains anathema to almost all scientists (including most biologists) even to the present day. We argue here that it can, however, become a perfectly tenable position when the Theory of Natural Selection is accepted as the main foundation, the essential tenet, of biology that distinguishes it from the realm of physical sciences. In accepting this position, it remains quite legitimate to expect that in many but not all circumstances, extant physical laws (and presumably others still to be discovered) are in no way breached by biological systems, which cannot be otherwise since all organisms are composed of physical material. (shrink)

Background Following passage of the Patient Self Determination Act in 1990, health care institutions that receive Medicare and Medicaid funding are required to inform patients of their right to make their health care preferences known through execution of a living will and/or to appoint a surrogate-decision maker. We evaluated the impact of external factors and perceived patient preferences on physicians’ decisions to honor or forgo previously established advance directives (ADs). In addition, physician views regarding legal risk, patients’ ability to comprehend (...) complexities involved with their care, and impact of medical costs related to end-of-life care decisions were explored. Methods Attendees of two Mayo Clinic continuing medical education courses were surveyed. Three scenarios based in part on previously court-litigated matters assessed impact of external factors and perceived patient preferences on physician compliance with patient-articulated wishes regarding resuscitation. General questions measured respondents’ perception of legal risk, concerns over patient knowledge of idiosyncrasies involved with their care, and impact medical costs may have on compliance with patient preferences. Responses indicating strength of agreement or disagreement with statements were treated as ordinal data and analyzed using the Cochran Armitage trend test. Results Three hundred eighty-eight of 951 surveys were completed (41% response rate). Eighty percent reported they were likely to honor a patient’s AD despite its 5 year age. Fewer than half (41%) would honor the AD of a patient in ventricular fibrillation who had expressed a desire to “pass away in peace.” Few (17%) would forgo an AD following a family’s request for continued resuscitative treatment. A majority (52%) considered risk of liability to be lower when maintaining someone alive against their wishes than mistakenly failing to provide resuscitative efforts. A large percentage (74%) disagreed that patients could not appreciate complexities surrounding their care while 69% agreed that costs should never impact a physician’s decision as to whether to comply with a patient’s AD. Conclusions Our findings highlight the impact, albeit small, external factors have on physician AD compliance. Most respondents based their decision on the clinical situation at hand and interpretation of the patient’s initial wishes and preferences expressed by the AD. (shrink)

Animal rights campaigners and scientists working with animals completed anonymous questionnaires in which they were asked to report, not only on their own beliefs and ideas about the animal experimentation debate, but also on those they perceived the opposing group to hold. Both groups of participants tended to have a negative and somewhat extreme view of the other. But they did have an accurate grasp of the arguments and defenses commonly offered on both sides of the debate, and showed (...) some agreement concerning the relative capacity of different animals to suffer. Differences appeared in the level of the phylogenetic hierarchy at which participants thought animals might be capable of suffering, and in their decision-making processes regarding the admissibility of animal experiments. (shrink)

For nearly a century, and until very recently, the majority of U.S. states required a blood test for marriage license applicants. The tests identified people with conditions formerly designated as "venereal diseases," most importantly gonorrhea and syphilis. Those who tested positive were barred from civil marriage. Although the premarital testing requirement is no longer a feature of state law, numerous related enactments are common features of law in most states.The historical literature describing the rise and fall of laws prescribing marriage (...) restrictions related to VD has treated those enactments as public health measures, meant primarily to forestall the spread of disease to intimate partners. But laws to... (shrink)

Ce deuxième tome des Hommes de la fraternité s'achève avec le règne de Constantin et le concile de Nicée (325). Les quelques deux cent cinquante évêques qui participent à ce concile dit " œcuménique " représentent bien mal, par leur provenance, ce qu'on appelait alors l'oïkouméné (l'ensemble des terres habitées). Mais le concile est présidé par l'empereur, et une ère nouvelle commence pour les chrétiens au sein de l'Empire. Ils sont si bien traités par le prince, ces évêques conciliaires, qu'ils (...) " se demandent s'ils ne sont pas déjà dans le Royaume de Dieu ". Il semble loin le temps de l'épître à Diognète (vers 195) qui parlait des chrétiens en ces termes : " toute terre étrangère leur est une patrie, toute patrie une terre étrangère. " avec Constantin s'inaugure ce qu'on appellera plus tard l'alliance du trône et de l'autel. Ce deuxième tome est celui d'un tournant décisif pour la suite de l'histoire. Mais l'historien qu'est Michel Clévenot se garde bien d'illustrer une thèse, fût-elle éclairante. Il donne au contraire à voir et à entendre la diversité des situations aux quatre coins de l'Empire et au sein des classes sociales si peu homogènes : le lecteur fait connaissance avec le " directeur de conscience " de la bourgeoisie d'Alexandrie, mais il visite aussi les petits agriculteurs d'Italie, d'Afrique du Nord ou des bords du Nil. Les querelles commerciales, les tensions économiques, les controverses théologiques, les affrontements politiques et guerriers, rien de tout cela n'est négligeable pour celui qui entend " l'appel de Jésus à ne pas déserter l'Histoire ". (shrink)

Paul Weithman offers a fresh, rigorous, and compelling interpretation of John Rawls's reasons for taking his so-called "political turn.".

The present study was designed to explore the relationship between self-reported dissociative experiences and performance in tasks eliciting right-hemisphere processing load. Thirty-four participants performed a vigilance task in two conditions: with task-irrelevant negative-arousing pictures and task-irrelevant neutral pictures. Dissociation was assessed with the Dissociative Experience Scale. Consistent with theories positing right-hemisphere deregulation in high non-clinical dissociators, dissociative experiences correlated with greater vigilance decrement only in the negative picture condition. As both the vigilance task and negative picture processing are right lateralized, (...) this result provides support for a right-hemisphere dysfunction in high dissociators, at least in negative conditions. (shrink)

Summary Apotemnophilia, or body integrity image disorder (BIID), is characterised by a feeling of mismatch between the internal feeling of how one’s body should be and the physical reality of how it actually is. Patients with this condition have an often overwhelming desire for an amputation- of a specific limb at a specific level. Such patients are not psychotic or delusional, however, they do express an inexplicable emotional abhorrence to the limb they wish removed. It is also known that such (...) patients show a left-sided preponderance for their desired amputation. Often they take drastic action to be rid of the offending limb. Given the left-sided bias, emotional rejection and specificity of desired amputation, we suggest that there are clear similarities to be drawn between BIID and somatoparaphrenia. In this rare condition, which follows a right parietal stroke, the patient rejects (usually) his left arm as ‘‘alien’’. We go on to hypothesis that a dysfunction of the right parietal lobe is also the cause of BIID. We suggest that this leads to an uncoupling of the construct of one’s body image in the right parietal lobe from how one’s body physically is. This hypothesis would be amenable to testing by response to cold-water vestibular caloric stimulation, which is known to temporarily treat somatoparaphrenia. It could also be investigated using functional brain imaging and skin conductance response. If correct our hypothesis not only suggests why BIID arises, but also, in caloric stimulation a therapeutic avenue for this chronic and essentially untreatable condition. (shrink)

Thom Brooks'sHegel's Political Philosophy: A Systematic Reading of the Philosophy of Rightpresents a very clear and methodologically self-conscious series of discussions of key topics within Hegel's classic text. As one might expect for a ‘systematic’ reading, the main body of Brooks's text commences with an opening chapter on Hegel's system. Then follow seven chapters, the topics of which are encountered sequentially as one reads through thePhilosophy of Right. Brooks's central claim is that too often Hegel's theories or views on any (...) of these topics are misunderstood because of a tendency to isolate the relevant passages from the encompassing structure of thePhilosophy of Rightitself, and, in turn, from Hegel's system of philosophy as a whole, with its logical underpinnings. Brooks is clearly right in holding that Hegel hadintendedthePhilosophy of Rightto be read against the background of ‘the system’ and the ‘logic’ articulating it —nobody doubts that— but there is a further substantive issue here.Shouldcontemporary readers heed Hegel's advice? Brooks's answer is emphatically in the affirmative, and what results is a series of illuminating discussions in which he makes a case for his own interpretations on the basis of systematic considerations, presented against a range of alternatives taken from the contemporary secondary literature, which is amply covered, often in the extensive endnotes to the book. (shrink)

It has long been held that humans need government to impose social order on a chaotic, dangerous world. How, then, did early humans survive on the Serengeti Plain, surrounded by faster, stronger, and bigger predators in a harsh and forbidding environment? Pirates, Prisoners, and Lepers examines an array of natural experiments and accidents of human history to explore the fundamental nature of how human beings act when beyond the scope of the law. Pirates of the 1700s, the leper colony on (...) Molokai Island, prisoners of the Nazis, hippie communes of the 1970s, shipwreck and plane crash survivors, and many more diverse groups--all existed in the absence of formal rules, punishments, and hierarchies. Paul and Sarah Robinson draw on these real-life stories to suggest that humans are predisposed to be cooperative within limits. What these "communities" did and how they managed have dramatic implications for shaping our modern institutions. Should today's criminal justice system build on people's shared intuitions about justice? Or are we better off acknowledging this aspect of human nature but using law to temper it? Knowing the true nature of our human character and our innate ideas about justice offers a roadmap to a better society. (shrink)

This introduction sets the stage for four papers on Nicholas Wolterstorff's Justice: Rights and Wrongs , written by Harold Attridge, Oliver O'Donovan, Richard Bernstein, and myself. In his book, Wolterstorff defends an account of human rights. The first section of this introduction distinguishes Wolterstorff's account of rights from the alternative account of rights against which he contends. The alternative account draws much of its power from a historical narrative according to which theory and politics supplanted earlier (...) ways of thinking about justice. The second section sketches that narrative and Wolterstorff's counter-narrative. The third section draws together the main points of Wolterstorff's own account. (shrink)

France is the home of the Declaration of the Rights of Man, yet women did not vote until 1945, many years later than their peers in other countries. In a country where civil rights had long been a rallying cry, women were not second-class citizens--they were not citizens at all. In this fascinating and ground-breaking study, Paul Smith assesses why Frenchwomen were repeatedly refused the rights of citizenship and examines the political relationships established by French feminists in (...) order to achieve their goal: one woman, one vote. (shrink)

The abuse of prisoners by U.S. soldiers at Abu Ghraib had far-reaching consequences, leading many people around the world to question the legitimacy of U.S. goals and activities in Iraq. Drawing on extensive unclassified reports from multiple investigations that followed Abu Ghraib, this article considers both psychological and social-situational factors that contributed to ethical failures there. This analysis suggests that leaders need to be more attuned to the developmental stage of subordinates and take appropriate steps to reinforce ethical behaviors. From (...) a psychological standpoint, young adults especially are strongly inclined to behave in accord with social conventions and pressures around them. Particularly in ambiguous circumstances, it is important that standards of behavior be clear and explicit throughout all phases of an operation and that leaders at all levels represent and reinforce those standards. (shrink)

Research Articles Paul A. Rahe, Social Philosophy and Policy, FirstView Article.

In the United States, amid the fractious politics of attempting to achieve something close to universal access to basic health care, two impressions are likely to feed skepticism about the status of a right to universal access: the moral principles that underlie any right to universal access may seem incredibly "ideal," not well rooted in the society's actual fabric, and the necessary practical and political attempts to limit the scope of universally accessible care to make its achievement realistic may seem (...) marked less by moral rhyme and reason than by the pull of conflicting interests. I try to directly dispel the first of these impressions and to obliquely question the second. The immense political barriers to .. (shrink)

The early paragraphs of John Locke’s Second Treatise of Government describe a poetic idyll of property acquisition widely supposed by contemporary theorists and historians to have cast the template for imperial possessions in the New World. This reading ignores the surprises lurking in Locke’s later chapters on conquest, usurpation, and tyranny, where he affirms that native rights to lands and possessions survive to succeeding generations. Locke warned his readers that this “will seem a strange doctrine, it being quite contrary (...) to the practice of the world.” His doctrine of native right is equally strange to recent scholars who see in Lockean theory the ideological prototype for England’s colonial expropriation in the “vacant lands” of North America. This interpretation, dignified by the elusive principle of vacuum domicilium, is considerably weakened when Locke’s arguments are placed in the historical context of the sixteenth and early seventeenth-century English colonial experience. Locke’s Second Treatise, with its literary flourish of a vast and idyllic state of nature, was written in the full appreciation of Amerindian agriculture, its established populations, the acknowledgement of native property rights, and the policy and practice of purchasing land from the native inhabitants. (shrink)

The role of Amartya Sen's early work on famine notwithstanding, food security is generally seen as but one capability among many for scholars writing in development ethics. The early literature on the ethics of hunger is summarized to show how Sen's Poverty and Famines was written in response to debates of past decades, and a brief discussion of food security as a capability follows. However, Sen's characterization of smallholder food security also supports the development of agency in both a political (...) and an economic sense. Economic agency is discussed and tied to longstanding literatures on the moral significance of farming within political economy. Finally, while the newly emergent literature on food sovereignty includes many themes, it is shown to be re-articulating arguments that stress smallholder's economic agency as a development goal. This pattern of argument thus provides a way to reconcile at least some of the claims being advanced under the banner of food sovereignty with the human development.. (shrink)

This collection of essays is dedicated to the memory of the late Harvard philosopher Robert Nozick, who died in 2002. The publication of Nozick's Anarchy, State, and Utopia in 1974 revived serious interest in natural rights liberalism, which, beginning in the latter half of the eighteenth century, had been eclipsed by a succession of antithetical political theories including utilitarianism, progressivism, and various egalitarian and collectivist ideologies. Some of our contributors critique Nozick's political philosophy. Other contributors examine earlier figures in (...) the liberal tradition, most notably John Locke, whose Second Treatise of Government, published in the late seventeenth century, profoundly influenced the American founders. The remaining authors analyze natural rights liberalism's central doctrines. (shrink)

One way to characterise the difference between analytic and Continental political philosophy concerns the different roles played by normative and descriptive analysis in each case. This article argues that, even though Michel Foucault’s genealogy of liberal and neoliberal governmentality and John Rawls’s political liberalism involve different articulations of normative and descriptive concerns, they are complementary rather than antithetical to one another. The argument is developed in three stages: first, by suggesting that Foucault offers a way to conceive of public reason (...) as a historical phenomenon. Second, it is suggested that both Rawls and Foucault allow us to consider rights as historical and particular rather than a-historical and universal. Third, it is argued that Foucault’s genealogy of modern liberal government illuminates some of the tensions and some of the alternatives within the liberal tradition in relation to the concept of political legitimacy. (shrink)

The purpose of this research is to examine the impact of individual and firm moral philosophies on marketing exchange relationships. Personal moral philosophies range from the extreme forms of true altruists and true egoists, along with three hybrids that represent middle ground (i.e., realistic altruists, tit-for-tats, and realistic egoists). Organizational postures are defined as Ethical Paradigm, Unethical Paradigm, and Neutral Paradigm, which result in changes to personal moral philosophies and company and industry performance. The study context is a simulation of (...) an exchange environment using a variation of the prisoners' dilemma game. A literature review is provided in the opening section, followed by details on the simulation, discussion of the results, and the implications for theory and practice. (shrink)

This companion to Elliot Dorff's three books on Jewish ethics -- Matters of Life and Death , To Do the Right and the Good , and Love Your Neighbor and Yourself -- is designed for group as well as individual study. Through suggested readings from Dorff's books, probing questions, lively discussion topics, and simple writing exercises, readers will be able to analyze and clarify their own positions on a host of controversial issues: sex, surrogate motherhood, adoption, family abuse, responsibilities for (...) charitable giving, the ethics of war, suicide, and euthanasia, and more. (shrink)

John Rawls based his theory of justice, in the work of that name, on a ‘Kantian interpretation’ of the status of human beings as ‘free and equal’ persons. In his subsequent, ‘political rather than metaphysical’ expositions of his theory, the conception of citizens of democracies as ‘free and equal’ persons retained its foundational role. But Rawls appealed only to Kant’s moral philosophy, never to Kant’s own political philosophy as expounded in his 1797 Doctrine of Right in theMetaphysics of Morals. I (...) argue here that the structure of Kant’s political philosophy, with its categories of the innate right to freedom, private acquired right and public right, can clarify the relationship between Rawls’s two principles of justice and his scheme of basic liberties and primary goods. (shrink)

In a day in which there are different religious system vying for acceptance and probably even dominance, it is high time to identify a peaceful model for inter-religious understanding and communication. St. Paul had several interactions with the Jewish leaders, monarchs and government officials on religious topics and issues in between A.D. 60 to A.D 62 at Caesarea. His interaction with King Agrippa II and Governor Festus can be used as a paradigm for contemporary inter-religious understanding and communication. Even though (...) Paul’s life was hanging on a balance as a prisoner about to be transported to Rome, he did not resort to violence, verbal abuse or rain down curses, when his religious claims were questioned. Instead, he argued as a seasoned philosopher, prayed as a pious saint and appealed as a prisoner in chains with humility for the ‘veracity and the reasonability’ of his truth claim. The article will interact with few philosophical themes that surface during this discourse and dialogue and also attempt to trace St Paul’s use of rhetoric in his discourse. The title of this article is ‘St. Paul’s discourse and dialogue with King Agrippa and Governor Festus as a model for contemporary inter-religious understanding and communication’. The primary source for this article is the book of Acts in the New Testament and the secondary source would be dictionaries and books. (shrink)

In this paper I return to the familiar territory of the Lord-Bondsman "dialectic" in Hegel's Phenomenology of Spirit in order to raise the question of the relation of Hegel's use of the theme of recognition there to Fichte's. Fichte had introduced the notion of recognition in his Foundations of Natural Right, to "deduce" the social existence of humans within relations of mutual recognition as a necessary condition of their very self-consciousness. However, there it also functioned as part of a solution (...) to a problem within the work on which the theory of rights was meant to be based, the earlier Foundation of the Complete Wissenschaftslehre of 1794-5. In Hegel's classic account in chapter 4 of the Phenomenology we find recognition offered as a solution to a problem within an account of "self-consciousness" that has a number of clearly Fichtean features. But I suggest that to the degree that the lord-bondsman episode there expresses any "theory of recognition", it is not Hegel’s own theory but rather his interpretation of Fichte's, a theory of which he is critical. Freed from this misleading assumption that the "lord-bondsman dialectic" represents something deep about Hegel's own philosophy, we might then be more able to get clearer about Hegel's actual views about recognition and the role it plays in his own philosophy. (shrink)

Research involving recently deceased humans that are physiologically maintained following declaration of death by neurologic criteria—or ‘research involving the recently deceased’—can fill a translational research gap while reducing harm to animals and living human subjects. It also creates new challenges for honouring the donor’s legacy, respecting the rights of donor loved ones, resource allocation and public health. As this research model gains traction, new empirical ethics questions must be answered to preserve public trust in all forms of tissue donation (...) and in the practice of medicine while respecting the legacy of the deceased and the rights of donor loved ones. This article suggests several topics for immediate investigation to understand the attitudes and experiences of researchers, clinical collaborators, donor loved ones and the public to ensure research involving the recently deceased advances ethically. (shrink)

This chapter surveys attempts to provide liberal justification for specific rights available to Indigenous citizens of democratic societies. The most important of these, by Will Kymlicka, relied on the equal right of all citizens to the good of cultural membership to argue for specific rights to protect minority cultures. After noting that Rawls’s political liberalism offers other resources to argue for specific constitutional or legal rights for colonised Indigenous citizens, the chapter turns to consider James Tully’s argument (...) for an inter-cultural constitutionalism based on the principles of recognition, consent and continuity. Finally, the chapter refers to the work of Robert A. Williams Jr in order to suggest that the conditions of a just and fair colonial constitution are similar to the conditions of a just and stable political society in which there are incommensurable comprehensive moral views. (shrink)

The distinction between the public and private spheres of human life is a critical facet of contemporary moral, political, and legal thought. Much recent scholarship has invoked privacy as an important component of individual autonomy and as something essential to the ability of individuals to lead complete and fulfilling lives. However, the protection of one's privacy can interfere with the ability of others to pursue their own projects and with the capacity of the state to achieve collective goals. Developing an (...) acceptable account of the right to privacy - one that provides satisfactory answers to both theoretical and practical questions - has proven to be a vexing problem. The thirteen essays in this volume examine various aspects of both the right to privacy and the roles that this right plays in moral philosophy, legal theory, and public policy. (shrink)

Hegel offers perhaps the most profound and systematic modern attempt to understand the state as the realization of human freedom. In this examination of the philosopher’s ideas on freedom, Paul Franco focuses particularly on G. W. F. Hegel’s masterpiece, Philosophy of Right. Franco traces the development of Hegel’s ideas and relates them to modern political theory.

Recovering Reason: Essays in Honor of Thomas L. Pangle is a collection of essays composed by students and friends of Thomas L. Pangle to honor his seminal work and outstanding guidance in the study of political philosophy. These essays examine both Socrates' and modern political philosophers' attempts to answer the question of the right life for human beings, as those attempts are introduced and elaborated in the work of thinkers from Homer and Thucydides to Nietzsche and Charles Taylor.

When the fuzzy indeterminacy of quantum mechanics overthrew the orderly world of Isaac Newton, Albert Einstein and Erwin Schrödinger were at the forefront of the revolution. Neither man was ever satisfied with the standard interpretation of quantum mechanics, however, and both rebelled against what they considered the most preposterous aspect of quantum mechanics: its randomness. Einstein famously quipped that God does not play dice with the universe, and Schrödinger constructed his famous fable of a cat that was neither alive nor (...) dead not to explain quantum mechanics but to highlight the apparent absurdity of a theory gone wrong. But these two giants did more than just criticize: they fought back, seeking a Theory of Everything that would make the universe seem sensible again. In Einstein’s Dice and Schrödinger’s Cat, physicist Paul Halpern tells the little-known story of how Einstein and Schrödinger searched, first as collaborators and then as competitors, for a theory that transcended quantum weirdness. This story of their quest—which ultimately failed—provides readers with new insights into the history of physics and the lives and work of two scientists whose obsessions drove its progress. Today, much of modern physics remains focused on the search for a Theory of Everything. As Halpern explains, the recent discovery of the Higgs Boson makes the Standard Model—the closest thing we have to a unified theory— nearly complete. And while Einstein and Schrödinger failed in their attempt to explain everything in the cosmos through pure geometry, the development of string theory has, in its own quantum way, brought this idea back into vogue. As in so many things, even when they were wrong, Einstein and Schrödinger couldn’t help but get a great deal right. (shrink)

The Philosophy of Right presents us with a vision of bureaucratic paternalism that is designed to check the excesses of free markets set in motion by the triumph of natural-law thinking, which abstracted the principles of private property and subjective freedom from the institutions that had tamed them and situated them in a stable context. Against these excesses Hegel pits the agricultural estate, which has not succumbed to natural-law thinking; and a “universal estate” of bureaucrats who are educated in Hegel’s (...) philosophy itself, freeing them of the natural-law conflation of human needs with arbitrary and endlessly expanding preferences. Taught by Hegel to look after the needs of the organic whole that is society rather than the gratification of their own preferences, the task of the bureaucrats of the universal estate is to curb the tendency of free markets to produce the social preconditions for an alienated “rabble” to bring down the system. (shrink)

This essay explores the mutual reinforcements between socioeconomic precarity and right-wing populism, and then envisions a politics that contests Trumpism through workers’ organizations that create alternatives to predominant patterns of subject formation through work. I first revisit my recent critique of precarity, which initiates a new method of critical theory informed by Paulo Freire’s political pedagogy of popular education. Reading migrant day laborers’ commentaries on their work experiences alongside critical accounts of today’s general work culture, this “critical-popular” procedure yields a (...) conception of precarity with two defining characteristics. First, precarity is socially bivalent: it singles out specific groups for especially harsh treatment even as it pervades society. Second, precarity constitutes subjects through contradictory experiences of time in everyday work-life, exacerbated by insoluble dilemmas of moral responsibility. Antonio Vásquez-Arroyo’s conception of “political literacy” and Bridget Anderson’s notion of “migrantizing the citizen,” in turn, help us understand how precaritization blocks workers from developing the critical dispositions toward time needed for democratic citizenship. This analysis then makes it possible to elucidate, in dialogue with Daniel Martinez-HoSang and Joseph Lowndes, how precaritized worker-citizenship facilitates the cross-class and multiracial appeal of Trumpism’s white supremacist discourse of national economic decline and resurgence, while normalizing the temporal affects of shock and violence characteristic of Trumpism, as theorized by Lia Haro and Romand Coles. Day laborers’ worker centers, I argue, refunction precaritized time, regenerate political literacy, and migrantize the citizen. A large-scale alternative to right-wing populism thus could emerge if the worker center network were expanded throughout the economy. (shrink)

In the United States the Civil Rights Movement emerging after World War II ended Jim Crow racism, with its legal segregation and stigmatization of black people. Yet black people, both in chattel slavery and under Jim Crow, had provided abundant labor subject to racist terror; they were workers who could be recruited for work others were unwilling to do. What was to replace this labor, which had been the source of so much wealth and power? Three federal initiatives helped (...) to create new workers without rights: the welfare reform law of 1996 and the changes in immigration and crime law and policy both starting in the mid-1960s. These changes re-created vulnerable labor, disproportionately marked and stigmatized as black or Mexican. These workers create a central strength of U.S. imperialism: cheap food. Because workers without rights have an important function in a capitalist economy, a society where all workers can flourish is not capitalist but communist. (shrink)