From total rejection to reluctant acceptance and eventually to full acceptance with new justifications, the Chinese attitude towards the public/private divide has undergone several stages in theory and practice. During the early stages of the People’s Republic of China, Chinese scholars of law and political science firmly rejected the divide between the public and the private as being a distinction made in bourgeois law that should be replaced by a new socialist legal system, which (...) would acknowledge no such difference. Since the start of reforms in the late 1970s, the newly ascendant private sector of the economy called for legal recognition of its status, but due to ideological constraints inherited from the pre-reform era, it was not easy to give meaning to the existence of the private sector. Debates were waged among Chinese scholars over the distinction between the public and the private for the purpose of recognizing private ownership. Eventually, the distinction was recognized. The Chinese case is obviously a very good example to show that such a distinction does play a role in shaping or improving a legal system. The emergence of “social law,” however, has blurred the demarcation between the two, calling for new theorization. The “publicization of private law” and “privatization of public law” have further strengthened the ambiguity with respect to the public/private divide. (shrink)

New modes of environmental regulation are said to have transcended the public/private divide. These new regulatory schemes - referred to as non-coercive orderings, self-regulation, co-regulation, metaregulation and social regulation - set aside the formal nature of the regulating entity, the regulated entity, and the tools of regulation. Instead of asking whether the means, objects and formulators of the regulation are public or private, the focus lies on the substance and effectiveness of the regulation in mitigating (...) environmental harms. In this Article we argue that despite these claims, often advanced by new governance proponents, the public/private divide in in fact alive and well, informing and impacting the ways in which various regulatory schemes are justified and legitimated. We exemplify this argument through an analysis of the role of three entities in international environmental regulation: the state, local governments, and civil society entities. This Article then suggests three consequences of the persistence of the public/private dichotomy and its denial: it produces a “tilt” towards the private; it tends to hide conflicts and disagreements, projecting an image of a frictionless world; and it prevents an imagination of a different world that transcends the structure of social life embedded in it. (shrink)

In 2006, a WHO survey found evidence of a substantial increase in patient-led litigation against health authorities and funders over access to medicines around the world. New Zealanders have seldom litigated denials of access to health care. Part of the explanation lies in the fact that New Zealand has a legislated patients' "bill of rights", with enforcement through a complaints mechanism. Although the separate regime does not afford patients substantive legal protection in respect of complaints about lack of access to (...) care, this form of alternative, low-level resolution of health care disputes does condition disgruntled patients not to turn to the courts for legal redress in relation to their rights. But given the increasing need for prioritization arising from serious concern about the sustainability of the public health system, as well as a trend towards greater explicitness when it occurs, increased disappointment on behalf of patients and the public when care is denied or limited seems inevitable. This may well translate into increased patient-led litigation against health boards and funders. Part 1 provides an overview of the New Zealand health system, with a focus on the points at which resource allocation decisions are made, the identity of the decision-maker, and the methods by which priority-setting occurs. Part 1.1 describes inequalities between population groups in New Zealand, both in health outcomes and in access to health care. Part 2 describes the legal framework surrounding the health and disability sector, and discusses the lack of legislated rights to health and the limited right of access to health care in legislation, despite the existence of a legally enforceable Code of Health and Disability Services Consumers' Rights. (shrink)

Two influential approaches to conceptualising the relationship between public and private law have suggested that the distinction between them should be abandoned. The first, as exemplified by Oliver, suggests that the distinction should be abandoned in favour of fusion based on the notion of commonality. The second, as exemplified by Teubner, rejects fusion, arguing for the replacement of the distinction with a concept capturing the multi-dimensional complexity of law in multiple social contexts: `polycontexturality'. This article focuses primarily on (...) exploring conceptual puzzles presented by Oliver's `commonality thesis', and argues for a reconceptualisation of the relationship between public and private law as multi-layered. Monolithic and rigidly binary concepts alike should be replaced by a complex set of relationships – a position broadly supportive of Teubner's. However, it is argued that the relationships between public and private law are to be seen as existing on a spectrum, or even on an overarching meta-spectrum, in which the existence of distinctive `archetypal conceptual paradigms' influence as `meta-spectrum extremities'. This presents a limited caveat to Teubner's thesis. I suggest that explicit theoretical attention to both the implications of polycontexturality and the existence of the archetypal conceptual paradigms as meta-spectrum extremities might avoid occluding important distinctions and nuances within a fusion that tends illegitimately to subsume private law within a public law paradigm. Such an analysis, I argue, could enhance the coherence of the law in complex, multi-dimensional cases at the troubled borderline between public and private law. (shrink)

In an often-quoted passage, Richard Rorty wrote that “J.S. Mill’s suggestion that governments devote themselves to optimizing the balance between leaving people’s lives alone and preventing suffering seems to me pretty much the last word.” In this article, I show why, for Rorty, maintaining a strong public-private divide that cordons off final vocabularies – the religious, racial, ethnic, sexual, gender, philosophical, and other terms so important for citizens’ private pursuits of self-creation and self-perfection – from (...) class='Hi'>public political discourse is a crucial means to accomplishing both of these goals in post-secular liberal democracies. Public political justifications should instead be articulated in the foundation-neutral terms of a shared national vocabulary. Like paintbrushes and crowbars, final and shared vocabularies are different tools for different purposes, and a strong public-private divide helps ensure that no harm comes from their misuse. (shrink)

Digital photography is contributing to the renegotiation of the public and private divide and to the transformation of privacy and intimacy, especially with the convergence of digital cameras, mobile phones, and web sites. This convergence contributes to the redefinition of public and private and to the transformation of their boundaries, which have always been subject to historical and geographical change. Taking pictures or filming videos of strangers in public places and showing them in webs (...) like Flickr or YouTube, or making self-portraits available to strangers in instant messenger, social network sites, or photo blogs are becoming a current practice for a growing number of Internet users. Both are examples of the intertwining of online and offline practices, experiences, and meanings that challenge the traditional concepts of the public and the private. Uses of digital images play a role in the way people perform being a stranger and in the way they relate to strangers, online and offline. The mere claims about the privatization of the public space or the public disclosure of intimacy do not account for all these practices, situations, and attitudes, as they are not a simple translation of behaviors and codes from one realm to the other. (shrink)

The public/private dichotomy has long been the object of considerable attention for feminists. We argue that, by focusing their attention on a divide which has declined in importance, feminists may fail to keep up with the current means by which sexual inequalities are perpetuated. Furthermore, by concentrating on this divide feminists risk reproducing such dichotomous thinking in their own work, discursively perpetuating that which they had initially hoped to displace. We begin by surveying feminist critiques of (...) the public/private dichotomy, consider recent moves to go beyond critique, yet suggest that the dichotomy continues to be a framing concern within feminist work. We then survey the way in which space has been understood within geography, and consider the implications of adopting a relational conception of space for analysis of public and private in political theory. We offer a broader framework for examining the ways in which sexual inequalities are reproduced in contemporary society. We therefore open up the possibility that over time inequalities may be mediated to a greater or lesser degree by spatial divisions. This places a further pressure on the assumption that the public/private divide, or some variation thereof, must be at the heart of feminist theorizing. (shrink)

This paper focuses on interpreting Rorty’s defense of the public-private distinction. Traditionally, scholarship has been divided regarding how to interpret the distinction oscillating between ‘strict-divide’ and ‘loose-divide’ interpretations. The paper concludes that Rorty intended the loose interpretation and strives to explain how such an interpretation functions within his overall philosophical project.

In bioethics and health policy, we often discuss the appropriate boundaries of public funding; how the interface of public and private purchasers and providers should be organized and regulated receives less attention. In this paper, I discuss ethical and regulatory issues raised at this interface by three medical practice models in which physicians provide insured services while requiring or requesting that patients pay for services or for the non-insured services of the physicians themselves or their associates. This (...) choice for such practice models is different from the decision to design an insurance plan to include or exclude user fees, co-payments and deductibles. I analyze the issues raised with regards to familiar health care values of equity and efficiency, while highlighting additional concerns about fair terms of access, provider integrity, and fair competition. I then analyze the common Canadian regulatory response to block fee models, considering their extension to wellness clinics, with regards to fiduciary standards governing the physician–patient relationship and the role of informed consent. I close by highlighting briefly issues that are of common concern across different fundamental normative frameworks for health policy. (shrink)

Alongside the public and private, the sacred can represent a third social-political dispensation, as Raymond Geuss notes. The modern liberal public/private divide represents a historical anomaly, w...

The article uses Israel’s volatile jurisdictional dynamics of the past two decades concerning access to religious community justice, as a telling case for examining the way legal pluralism is deployed along the public–private divide. The Israeli case exhibits a complex combination of an ostensibly liberal democratic regime, a commitment to a particularistic ethno-national political project, structural entanglements of state and religion against the backdrop of an unsettled constitutional order, and an historically diffuse mode of often-illiberal normative ordering (...) within its diverse religious communities. All this provides a rich backdrop for various strategies by communal and institutional elites seeking to consolidate power, legitimacy, and authenticity in their often mutually-reliant jurisdictional projects. The article explores several salient episodes from Israel’s religious jurisdiction dynamics, focusing for purposes of analytical clarity on the case of Jewish orthodox legality. The analysis uncovers the main strategies stakeholders resort to, and shows how agency flows in different ways, with the choices of each player affecting the possibilities of the others. The institution at the arguable top of the system—the Supreme Court—is shown to be often devoid of effective means of elucidating, let along imposing, a coherent vision for a fragmented jurisdictional field. Conceptually, the judicial forum is revealed as the locus of an ongoing, uneasy engagement among normative imaginaries in a sometimes-competitive, sometimes-collaborative negotiation over coherence, tolerance, authority, and legitimacy. (shrink)

Richard Rorty reimagined the traditional liberal private-public divide to face contingency. This chapter explains Rorty’s understanding of it as a crucial component of any just and stable political order in the post-secular West. Rorty’s continued defense of the liberal private-public divide has been criticized from the political right and left. His foundation-neutral model is, however, equipped (or can easily be modified) to answer these objections. And this is good news, because Rorty has shown us (...) that the leading post-secular alternatives (e.g., identity politics) threaten freedom, risk humiliation, and undermine solidarity. (shrink)

Many people recognize that governments can play salutary roles in relation to markets by “overseeing” market behavior from “above,” or supplying foundational “rules of the game” from “below.” It is probably no accident that these widely recognized roles also sit comfortably with traditional conceptions of government and market, pursuant to which people tend categorically to distinguish between “public” and “private” spheres of activity. There is a third form of government action that receives less attention than forms and, however, (...) possibly owing in part to its straddling the traditional public/private divide. We call it the “government as market actor” form, whereby government instrumentalities pursue traditionally “public” ends through traditionally “private” means. Inattention to this pervasive form of government action might signal a theoretical blind spot attending the public/private distinction itself. At least as importantly, however, this inattention also denies us a practical opportunity: it prevents our more fully exploiting the government role in question. This Article, part of a larger project, aims to encourage fuller theoretical appreciation and wider practical use of the role we identify. It first offers a provisional taxonomy of recurrent forms that the government market actor role appears to take, affording a wealth of illustrative case studies in so doing. It then envisions additional good that governments might do, simply by extending their market acting roles to spheres in which they have yet to be fully utilized. The Article concludes by suggesting next steps in both theorizing and employing the government market actor role. (shrink)

The “return of the state” as an economic actor has left scholars at a lack of theoretical tools to capture the characteristics of state-dominated business systems. This is reflected in the fact that any type of state intervention in the economy is too easily qualified as a sign of “authoritarian capitalism,” which has led scholars to lump together countries as diverse as China, Singapore, and Norway under that heading. Rather than considering any type of state intervention in the economy as (...) authoritarian, we propose a more sophisticated conceptualization, which distinguishes two boundaries between the public and the private domains and conceives of the “return of the state” as the erosion of one or both of them. This conceptualization allows us to clearly distinguish a shift from an ideal-typical market-based “regulatory capitalism” to “state capitalism” or “authoritarian capitalism,” respectively. We use interview data with business leaders in an extreme case of the return of the state to identify the nature of the mechanisms by which an authoritarian government erodes these private-public divides. We argue that a focus on these constitutive mechanisms of the erosion of private-public divides allows us to define “authoritarian capitalism” in a way that makes it a useful tool to understand contexts beyond the Chinese case in which it first emerged. (shrink)

In two decisions delivered inFebruary and March 2001, the German FederalConstitutional Court voided the maritalagreements struck between a man and a pregnantwoman on the grounds that they were the productof an inequality of bargaining power betweenthe parties. These findings, involving anapplication of the fundamental rightsprovisions of the German Basic Law to privateagreements, demonstrate the creeping competenceof the F.C.C. into the sphere of contractualrelations and an ongoing questioning ofthe traditional public/private law divide. Exploring some of the implications of (...) applyingpublic values and constitutional reviewstandards to private agreements, this notecontextualises the decisions within the debateupon competing (and ultimately colliding)social systems of the family and the market. (shrink)

Most conceptions of public and private life within political and social theory do not adequately consider the networks or fluidities involved in contemporary social relations. The distinction of public and private is often conceived of as statically `regional' in character. This article, following an extensive analysis of the multiple meanings of the `public' and `private', criticizes such a static conception and maintains that massive changes are occurring in the nature of both public and (...) private life and especially of the relations between them. We consider flows and networks that enable mobility between and across apparent publics and privates. These mobilities are both physical and informational. We consider the transformations of public and private life that have arisen from `complex' configurations of place and space: the dominant system of car-centred automobility whose spatial fluidities are simultaneously private and public; and various globalizations through the exposure of `private' lives on public screens and the public screening of mediatized events. These mobile, machinic examples demonstrate the limitations of the static, regional conceptualizations of public and private life developed within much social and political theory, and suggest that this divide may need relegation to the dustbin of history. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:183, IMPRESSIONS AND EXPERIENCES: PUBLIC OR PRIVATE? In his 'Perceptions and Persons' William Davie aims "to determine what perceptions are for Hume." He challenges what I trust that he is right in labelling "The Standard View." His statement of this view is quoted from my Hume's Philosophy of Belief:... Impressions are defined as constituting with ideas the class of 'perceptions of the mind. ' While wine must (...) be (logically) public, the impression of wine like the idea of wine must be (logically) private. Whereas the presence of wine tautologically guarantees the presence of wine, the occurrence of an impression of wine is by no means a sufficient condition of the presence of wine — because an impression of wine, but not of course real wine, may be hallucinatory. Impressions belong to the category of experiences: wine2is cellared in that of physical things. My own purpose now is to defend, against attacks recently launched not only by Davie but also by Donald Livingston, this standard view. Davie contrasts it with "my own view, which is that perceptions are the things that we know, both private and public" (p. 130). He shows no signs of recognizing either how revolutionary his present suggestion is, or how revolutionary Hume himself would have been were any such suggested interpretation correct. For this particular "Standard View" is not one first introduced by me a couple of decades ago, and later misguiding even such usually sound scholars as Terence Penelhum. Instead it seems to have been accepted by almost if not absolutely all earlier writers discussing this part of Hume's philosophy. For instance: if Davie is right, then Thomas Reid must have devoted most of his professional life to the dismembering of a straw man. "Reid," as Livingston remarked in his Introduction to Hume: A Re- 184. evaluation, "took Hume's work to be a reduction to absurdity of a philosophical hypothesis which began in modern times with Descartes.... 'The hypothesis I mean is, that nothing is perceived but what is in the mind which perceives it....'" Again: if Davie is right, then Hume is here breaking from all his immediate predecessors in a revolutionary way, and in a direction which ought to have made the revolution welcome to Reid. Yet Hume himself gives no hint of this radical new beginning. Instead he goes out of his way to note a merely verbal innovation: by his introduction of a new use for the term 'impression' the word 'idea' is restored "to its original sense, from which Mr. Locke had perverted it, in making it stand for all our perceptions" (T2 fn.). The class of Lockean ideas, the class which Hume is thus studiously subdividing into the subclasses of Humean ideas and Humean impressions, contains, surely, nothing but what is logically private? Certainly no other interpretation of Locke's words would seem to be possible. He scarcely could have put the point more clearly or more emphatically than he does in the introductory first chapter of An Essay concerning Human Understanding. He says there that he is going to investigate "those Ideas, Notions, or whatever else you please to call them, which a Man observes, and is conscious to himself he has in his Mind...." Locke also apologizes for his frequent employment of "the Word Idea, " excusing it as necessary "to express whatever is meant by Phantasm, Notion, Species, or whatever it is, which the Mind can be 4 employ'd about in thinking...." Only and precisely in this understanding of the nature of ideas was it possible for Berkeley to open The Principles of Human Knowledge with a single sentence asserting everything which Reid was so correctly concerned to deny: 185, It is evident to any one who takes a survey of the objects of human knowledge, that they are either ideas actually imprinted on the senses, or else such as are perceived by attending to the passions and operations of the mind, or lastly ideas formed by help of memory and imagination, either compounding, dividing, or barely representing those originally perceived in the aforesaid ways. In face of all this, how is it possible to maintain that, for Hume, "perceptions are the things that we know... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:183, IMPRESSIONS AND EXPERIENCES: PUBLIC OR PRIVATE? In his 'Perceptions and Persons' William Davie aims "to determine what perceptions are for Hume." He challenges what I trust that he is right in labelling "The Standard View." His statement of this view is quoted from my Hume's Philosophy of Belief:... Impressions are defined as constituting with ideas the class of 'perceptions of the mind. ' While wine must (...) be (logically) public, the impression of wine like the idea of wine must be (logically) private. Whereas the presence of wine tautologically guarantees the presence of wine, the occurrence of an impression of wine is by no means a sufficient condition of the presence of wine — because an impression of wine, but not of course real wine, may be hallucinatory. Impressions belong to the category of experiences: wine2is cellared in that of physical things. My own purpose now is to defend, against attacks recently launched not only by Davie but also by Donald Livingston, this standard view. Davie contrasts it with "my own view, which is that perceptions are the things that we know, both private and public" (p. 130). He shows no signs of recognizing either how revolutionary his present suggestion is, or how revolutionary Hume himself would have been were any such suggested interpretation correct. For this particular "Standard View" is not one first introduced by me a couple of decades ago, and later misguiding even such usually sound scholars as Terence Penelhum. Instead it seems to have been accepted by almost if not absolutely all earlier writers discussing this part of Hume's philosophy. For instance: if Davie is right, then Thomas Reid must have devoted most of his professional life to the dismembering of a straw man. "Reid," as Livingston remarked in his Introduction to Hume: A Re- 184. evaluation, "took Hume's work to be a reduction to absurdity of a philosophical hypothesis which began in modern times with Descartes.... 'The hypothesis I mean is, that nothing is perceived but what is in the mind which perceives it....'" Again: if Davie is right, then Hume is here breaking from all his immediate predecessors in a revolutionary way, and in a direction which ought to have made the revolution welcome to Reid. Yet Hume himself gives no hint of this radical new beginning. Instead he goes out of his way to note a merely verbal innovation: by his introduction of a new use for the term 'impression' the word 'idea' is restored "to its original sense, from which Mr. Locke had perverted it, in making it stand for all our perceptions" (T2 fn.). The class of Lockean ideas, the class which Hume is thus studiously subdividing into the subclasses of Humean ideas and Humean impressions, contains, surely, nothing but what is logically private? Certainly no other interpretation of Locke's words would seem to be possible. He scarcely could have put the point more clearly or more emphatically than he does in the introductory first chapter of An Essay concerning Human Understanding. He says there that he is going to investigate "those Ideas, Notions, or whatever else you please to call them, which a Man observes, and is conscious to himself he has in his Mind...." Locke also apologizes for his frequent employment of "the Word Idea, " excusing it as necessary "to express whatever is meant by Phantasm, Notion, Species, or whatever it is, which the Mind can be 4 employ'd about in thinking...." Only and precisely in this understanding of the nature of ideas was it possible for Berkeley to open The Principles of Human Knowledge with a single sentence asserting everything which Reid was so correctly concerned to deny: 185, It is evident to any one who takes a survey of the objects of human knowledge, that they are either ideas actually imprinted on the senses, or else such as are perceived by attending to the passions and operations of the mind, or lastly ideas formed by help of memory and imagination, either compounding, dividing, or barely representing those originally perceived in the aforesaid ways. In face of all this, how is it possible to maintain that, for Hume, "perceptions are the things that we know... (shrink)

Cosmopolitanism and statism represent the two dominant liberal theoretical standpoints in the current debate on global distributive justice. In this paper, I will develop a feminist argument that recommends that statist approaches be rejected. This argument has its roots in the feminist critique of liberal theories of social justice. In Justice, Gender, and the Family Susan Moller Okin argues that many liberal egalitarian theories of justice are inadequate because they assume a strict division between public and private spheres. (...) I will argue that this inadequacy is replicated in statist approaches to global justice. To demonstrate this, I will show how an analogue of Okin's critique of Rawls's A Theory of Justice can be extended to his The Law of Peoples. I will conclude that statist theories inevitably assume a strong divide between public and private spheres and that by doing so they allow for situations marked by gross injustice which anyone concerned with the welfare of the world's most vulnerable should find unacceptable. (shrink)

This article questions the nature of the philosophical commitment to the problem of 'the public' in modernity. To what extent does the natural form of the public determine the use and value of the instruments of pragmatism in the public-private divide. In this interpretation, John Dewey's ideas about 'the public' are presented in terms of how to solve a specific problem through what he sees as 'co-operative inquiry'. The article also examines the role of (...) public space in the process of democratization through the potential of co-operative inquiry. More often than not, it appears that the politics of public space may be both detrimental and/or beneficial to its end-users in China, Europe, the Americas, Africa, and the rest of Asia. (shrink)

Most normative theorists of public apology agree that, while apologies may have multiple purposes, central to most of them is the apology’s narrative power; that is, its ability to tell new stories of wrongdoing, responsibility, and accountability. We judge political apologies by whether they correctly identify the harms in question and the apologizer as the responsible party, whether they acknowledge the effects of this harms on the recipients of apology, and whether they successfully address those recipients as persons deserving (...) respect. The narrative power of official public apologies can also alter legal and political record, as well as media discourse nationally and internationally. Drawing on multiple examples of public apologies to women that were offered (or demanded and not offered), I identify three ways in which attention to gender complicates our understanding of public apology, and the narrative power they hold. These include the difficulties of articulating the nature of gendered harm, given the depoliticization of women’s roles and the stigma surrounding sexual violence, the complexities of traversing the public/private divide by bringing private stories of gendered harm to public attention, and the ways in which attending to gendered and sexual violence reframes our understanding of both political responsibility for wrongdoing, and how apologies express and affirm that responsibility. (shrink)

Biobanks that are run on an opt-in basis depend on people having the motivation to give and to trust in those who control their samples. Yet in the UK trust in the healthcare system has been in decline and there have been a number of health-related scandals that have received widespread media and public attention. Given this background, and the previous public consultations on UK Biobank, the paper explores the way people express their trust and mistrust in the (...) area of medical and genetic information through discussions in six focus groups held in different areas of Britain. The themes that emerged in the discussion were the special character of genetic data; the ease with which information spreads; the public/private divide in genetic research; the potential of genetic information to harm people; choice, consent and lack of control; and the difficulty of establishing trustworthy governing arrangements. The expert agenda of policy-makers and medical ethics does not address the broader concerns expressed by participants. It seems that public consultation and the language of openness and transparency may not be sufficient to establish trust in the governance of genetic databases. Donors will be asked to give freely without any return but the participants' perception of those using the samples is that they are motivated by success and profit rather than healthcare priorities. In this context altruism seems naive and even dangerous. In order to place their trust well people need evidence of a relationship with obligations and expectations on both sides. (shrink)

Private associations abounded in the ancient Greek world and beyond, and this volume provides the first large-scale study of the strategies of governance which they employed. Emphasis is placed on the values fostered by the regulations of associations, the complexities of the private-public divide and the dynamics of regional and global networks and group identity. The attested links between rules and religious sanctions also illuminate the relationship between legal history and religion. Moreover, possible links between ancient (...) associations and the early Christian churches will prove particularly valuable for scholars of the New Testament. The book concludes by using the regulations of associations to explore a novel and revealing aspect of the interaction between the Mediterranean world, India and China. (shrink)

Many employees with strong religious convictions find themselves living in two separate worlds: the sacred private world of family and church where they can express their faith freely and the secular public world where religious expression is strongly discouraged. We examine the origins of sacred/secular divide, and show how this division is an outcome of modernism replacing Christianity as the dominant worldview in western society. Next, we make the case that guiding assumptions (or faith) is inherent in (...) every worldview, system of thought, or religion and also show that scientific reason can never be a comprehensive or totalizing meaning system, particularly in the realm of ethics. The underlying assumptions of the sacred/secular divide are seriously questioned which has implications for employees who desire to integrate faith and career. Finally, we offer possibilities for individuals and corporate entities to integrate the personal and sacred with the institutional and secular. (shrink)

The world of wage labour seems to have become a soulless machine, an engine of social and environmental destruction. Employees seem to be nothing but 'cogs' in this system - but is this true? Located at the intersection of political theory, moral philosophy, and business ethics, this book questions the picture of the world of work as a 'system'. Hierarchical organizations, both in the public and in the private sphere, have specific features of their own. This does not (...) mean, however, that they cannot leave room for moral responsibility, and maybe even human flourishing. Drawing on detailed empirical case studies, Lisa Herzog analyses the nature of organizations from a normative perspective: their rule-bound character, the ways in which they deal with divided knowledge, and organizational cultures and their relation to morality. The volume examines how individual agency and organizational structures would have to mesh to avoid common moral pitfalls and develops the notion of 'transformational agency', which refers to a critical, creative way of engaging with one's organizational role while remaining committed to basic moral norms. The volume goes on to explore the political and institutional changes that would be required to re-embed organizations into a just society. Whether we submit to 'the system' or try to reclaim it, Herzog argues, is a question of eminent political importance in our globalized world. (shrink)

Reasonable individuals often share a rationale for a decision but, in other cases, they make the same decision based on disparate and often incompatible rationales. The social contract tradition has been divided between these two methods of solving the problem of social cooperation: must social cooperation occur in terms of common reasoning, or can individuals with different doctrines simply converge on shared institutions for their own reasons? For Hobbes, it is rational for all persons, regardless of their theological beliefs, to (...) consent to the sovereign's power. But for Locke, only Protestants with a shared theology could be party to the social contract. Rousseau thought that private reasons are not part of the general will, and in Kant's hypothetical contract, pure noumena reach common principles for the social order through the same reasoning process. In A Theory of Justice, John Rawls agreed with Rousseau and Kant: selecting the principles of justice requires modeling parties to the original position as having identical reasons. But in Political Liberalism, Rawls embraced the idea of an overlapping consensus, which accords distinct reasons justificatory force. (shrink)

What were once considered private domains of life have become more public in the last 20 years with the rise of social media. Illness narratives of patients with chronic, severe, or terminal condit...

The article explores the landscape in higher education in which old binary divisions are officially denied yet have been reinvigorated through a mix of conservative and neo-liberal policies. Efforts to resist such pressures can happen at different levels, including, in this case, module design and classroom practice. The rationale for such resistance is considered in relationship to the authors’ political and moral standpoints. Debates within higher education policy circles are invariably reduced to a series of oppositions: theory and practice; training (...) and education; research and teaching. The article seeks to break down such polarities through an exploration of classroom practice. In fact, we argue that such distinctions help to legitimize the existing inequalities in higher education and group-based harms, which characterize the sector. Instead, a case is made for a pedagogy that enables students, particularly those from diverse and disadvantaged backgrounds, to use their experiences, values, etc. to exchange and develop ideas in a group context, thereby providing an important means of collective empowerment (intellectual and practical, both at work and in their private lives). In this process students are encouraged to use ethical theories as tools to explain and underpin their understanding of work-based scenarios. The role of the academic is to facilitate such exchanges and foster new ethical approaches and a public awareness and engagement that goes beyond the classroom. The pedagogic approach, drawing on notions of relational autonomy and narrative methods as well as providing spaces for the co-production of new knowledge, confirms the indivisibility of research and teaching. (shrink)

The proliferation of public–private partnerships for development as an answer to many public challenges calls for careful evaluation. To this end, tailored frameworks are fundamental for helping understand the PPPs’ impact and for guiding corrective adjustment. Scholars have developed frameworks focusing on the partners’ relationships, the order of effects, and the distinction between outputs and outcomes. To capture a PPP’s complexity and multiple linkages with its environment, we argue that a thorough evaluation should adopt a stakeholder-oriented approach (...) and consider the costs and benefits that a PPP implies for them—especially as taxpayers’ money is involved. For this purpose, we build on a stakeholder-oriented evaluation framework from the nonprofit business partnership literature. In line with our broad evaluation conception, we extend it with the manifold ripple effects that PPPs for development have and include the time dimension for the links between different PPP stages and related outcomes to become clearer. Applying this framework to an illustrative case, we highlight important direct and especially indirect stakeholder outcomes, which a narrow evaluation would omit, point to the challenges involved in the evaluation endeavor, and identify interesting future research areas. (shrink)

This article provides an explanation for how increased public participation can paradoxically translate into limited democratic decision-making in urban settings. Recent sociological research shows how governments can control participatory forums to restrict the distribution of resources to poor neighborhoods or to advance private land development interests. Yet such explanations cannot account for the decoupling of participation from democratic decision-making in the case of planning for climate change, which expands the substantive topics and public funding decisions that involve (...) urban residents. Through an in-depth case study of one of the largest coastal protection projects in the world and drawing on global scholarship on participation, this article narrates the social production of resistance to climate change infrastructure by showing how the state sidestepped public input and exercised authority through appeals to the rationality of technical expertise. After a lengthy participation process wherein participants reported satisfaction with how their input was included in designs, city officials switched decision-making styles and used expertise from engineers to render the publicly-supported plan unfeasible, while continuing to involve residents in the process. As a result, conflict arose between activists and public housing representatives, bitterly dividing the neighborhood over who could legitimately claim to represent the interests of the “frontline community.” By documenting the experience of participants in the process before and after the switch in decision-making styles, this article advances a sociological description of public influence in policy: The ability for participants in a planning process to recognize their own input reflected in finished plans. (shrink)

. In this paper the nature and the role of Rawls's idea of a “free public reason” are examined with an emphasis on the divide between the private and the public spheres, a divide which is the hallmark of a liberal democracy. Criticisms from both the so‐called Continental tradition and the Communitarian opponents to liberalism insist on the ineffectiveness of such a conception, on its inability to establish a political consensus on democracy. But it would (...) be a mistake to see a contractarian theory of justice, such as Rawls's justice as fairness, as grounding the social contract in a public use of reason. Such a contract would indeed be susceptible to endless conflicts and renegotiations and would never achieve consensus. Therefore, a distinction must be made between the values of justice that are present in and through the “original” contractual position and the that regulate the public sphere and guarantee its stability. (shrink)

In this paper the nature and the role of Rawls's idea of a “free public reason” are examined with an emphasis on the divide between the private and the public spheres, a divide which is the hallmark of a liberal democracy. Criticisms from both the so-called Continental tradition and the Communitarian opponents to liberalism insist on the ineffectiveness of such a conception, on its inability to establish a political consensus on democracy. But it would be (...) a mistake to see a contractarian theory of justice, such as Rawls's justice as fairness, as grounding the social contract in a public use of reason. Such a contract would indeed be susceptible to endless conflicts and renegotiations and would never achieve consensus. Therefore, a distinction must be made between the values of justice that are present in and through the “original” contractual position and the that regulate the public sphere and guarantee its stability. (shrink)

In Public/Private, Fairfield examines the ethical-political significance as well as the policy implications of a right to privacy. Discussing the different applications of privacy laws, technology,property, relationships, Fairfield writes in a style accessible to specialists and students alike.

This dissertation abstract and the reflection commentary present the work done by Dr. Lea Stadtler. Comprising four articles, the dissertation explores the challenge of designing successful public–private partnerships for development and contributes to the discourse on partnerships and business engagement in society. Article I adopts the company perspective and develops a conceptual framework for interest alignment in PPPs for development. Based on a theoretical analysis, Article II examines the role that different structures play in handling common design challenges. (...) Articles III and IV are empirical: The former analyzes how partners cope with tensions occurring on the PPP’s boundaries, while Article IV explores the roles of broker organizations, which increasingly facilitate the partnering process of PPPs for development. This extended dissertation abstract introduces the dissertation’s research focus and summarizes each article’s research question, methods, and main findings. The reflection commentary in the appendix discusses the author’s views of her dissertation journey as a junior scholar and the research process. (shrink)

In this paper we evaluate the ethical aspects of a public-private partnership (PPP) for the production and distribution of electricity in a particular context, i.e.,in a developing country characterized by a high corruption rate. In general, multinational enterprises (MNE) are considered suspect in developing countries by their own populations and by others, especially in those countries perceived as corrupt. A second source of suspicion concerns the privatization of utilities: utilities such as electricity and clean water play an essential (...) role in people’s lives, thus, leaving their production and distribution in the hands of for-profit companies may seem imprudent, particularly with respect to the poorest people. On the basis of a questionnaire submitted to managers of a privatized utility company in Cameroon, this case study suggests that the combination of these two sources of suspicion does not automatically lead to negative outcomes. (shrink)

Until the recent spread of public-private partnerships, pharmaceutical firms had avoided research and development into neglected tropical diseases (NTDs). Because these are diseases that affect the poorest populations in developing regions, research and development initiatives have for the most part depended on the resources and expertise drawn from academia, international organizations, and intermittent state interventions in disease-endemic countries. Over the last few decades, however, public-private product development partnerships (PDPs) have been introducing new collaborative agreements in which (...) the existing resources and expertise combine with the those traditionally withheld by the pharmaceutical industry and global health NGOs. This paper explores recent transformations in the representation of NTDs by examining the shifting logic and spaces of knowledge production which the advent of PDPs has enabled. An analysis of two case studies focused on Chagas disease-related initiatives addresses recurring preoccupations in Science, Technology and Society studies as well as in critical analyses of PDPs: that is, the back-and-forth movement of the disease from being an object of scientific inquiry to a public health concern, and the legitimacy risks and material asymmetries entailed in global health PDPs. Both cases show that it is major global health stakeholders and experts in non-endemic countries, rather than transnational pharmaceutical firms, that exert the greatest influence upon these changing representations: PDPs attempt to expand the preexisting biomedical focus on NTDs by means of incorporating “real world” drug development preoccupations (which I term epistemic shifts), but they also combine their stated global humanitarian aim with security concerns about the diseases spreading to non-endemic, industrialized countries (which I term geographical shifts). (shrink)

The nation/state as an imaginative enterprise encompasses multiple imagined subnational boundaries. The ‘public/private’, I suggest, is a ‘purposeful fiction’ constitutive of the will to statehood. As such, its configurations are impacted upon by the institutions and forces competing with and within state-building enterprises. Proposing the terms government, non-government and domestic as analytical tools to demarcate discursive and material domains, I argue that, in Lebanon, the fluidity of boundaries among these spheres is constitutive of patriarchal connectivity, a form of (...) patriarchal kinship linked to the state-building enterprise. (shrink)

This Article examines what form the public/private distinction takes in contemporary legal consciousness. It proposes that while the public/ private distinction is still an important component of contemporary legal consciousness, the content of each sphere, their stability as distinct spheres, and their interaction with each other have significantly changed. This transformation occurred primarily due to the rise of the regulatory state and the increased visibility of the interconnectedness of the spheres due to public ordering of (...) private activity in an age of widespread privatization. The current state of the distinction challenges courts, when these are asked by petitioners to define the proper scope of the spheres and decide on their boundaries. The Article critically examines the Israeli High Court of Justice decision in a prison privatization case, as a case that reflects the mismatch between the traditional understanding of the public/private distinction and a much messier reality in which the private and public spheres keep changing, and intermingling in new ways. (shrink)

Public-private partnerships are established to specifically harness the potential of Big Data in healthcare and can include partners working across the data chain—producing health data, analysing data, using research results or creating value from data. This domain paper will illustrate the challenges that arise when partners from the public and private sector collaborate to share, analyse and use biomedical Big Data. We discuss three specific challenges for PPPs: working within the social licence, public antipathy to (...) the commercialisation of public sector health data, and questions of ownership, both of the data and any resulting intellectual property or products. As a specific example we consider the case of the UK National Health Service providing patient data to Google’s DeepMind AI program to develop a diagnostic app for kidney disease. This article is an application of the framework presented in this issue of ABR. Please refer to that article for more information on how this framework is to be used, including a full explanation of the key values involved and the balancing approach used in the case study at the end. We use four specific values to help analysis these issues: public benefit, stewardship, transparency and engagement. We demonstrate how the Deliberative Framework can support ethical governance of PPPs involving biomedical big data. (shrink)

In an effort to create a mechanism for addressing a critical need of providing medicines for economically developing countries, the Chiron Corporation and the Global Alliance for TB Drug Development have entered into an innovative public-private partnership. In the following interview, Craig Wheeler discusses the origins and nature of this agreement that could set a pattern for how corporations and nonprofit organizations can work together in drug development.

The way pollution is managed in Western countries is based on the preservation of the taboo character of waste, which is conceived to be privately produced and seen as a threat to public health. Public authorities have been given the responsibility to isolate waste and hide it from public eyes. However, this dominant approach is challenged by the emergence of new forms of pollution. New conceptual and policy frameworks to manage environmental degradation have to be developed. The (...) prevailing institutional structures, however, obstruct the successful societal uptake of alternative frameworks. (shrink)