In this article, I show that women are depicted in the early Confucian texts not primarily as undertaking household duties or nurturing children but rather as partaking in rituals of mourning and ancestor worship. To make the argument, I analyze, besides the more philosophical texts like the Analects and the Mencius, texts known as the “Five Classics,” which describe women in their social roles in much more detail than the former. What women’s participation in rituals reveals, I contend, is that (...) the domestic-political distinction does little to illuminate the philosophical vision offered by the early Confucian texts. Relatedly, while women’s involvement in communal religious rituals has also been noted about early Greece, the political import of such participation is even more pronounced in the Confucian case. Specifically, I show that, by embodying intergenerational continuity, the mourning and ancestor rituals that women partake in are foundational to the Confucian state. (shrink)

The publication of Darwin's On the Origin of Species in 1859 ignited a public storm he neither wanted nor enjoyed. Having offered his book as a contribution to science, Darwin discovered to his dismay that it was received as an affront by many scientists and as a sacrilege by clergy and Christian citizens. To answer the criticism that his theory was a theory only, and a wild one at that, he published two volumes in 1868 to demonstrate that evolution (...) was obvious to anyone who cared to look at a bull in a pasture or a dog on a hearth. In response to those who insisted that species were distinct since creation, Darwin pointed to breeders of pigs and pigeons. In reply to those who protested that human intervention is one thing and natural selection another, he argued, "If organic beings had not possessed an inherent tendency to vary, man could have done nothing." To counter those who scorned his descriptions of species in exotic places, he submitted local evidence of cabbages and cauliflower. Based on a wide array of sources, from ancient pictographs to Polish roosters, from skins and from skeletons, from scientific journals and breeding manuals, Darwin assembled a mass of proof--and a hypothesis about species reversion that risked his reputation anew. The Variation of Animals and Plants under Domestication is a two-volume compilation of his thorough and intensive research and the revolutionary conclusions that resulted. The first portion of his work is dedicated to a meticulous analysis of various aspects of plant and animal life, including an inventory of varieties and their physical and behavioral characteristics, investigation of the impact of a species' surrounding environment and the role that both natural and forced changes in this environment have had. Darwin then turns to a richly detailed discussion of the roles of inheritance and crossing in the development of species. A wealth of illustrations further support and enhance his findings. This fascinating, invaluable, and courageous undertaking eventually formed the foundation for our current understanding of evolution. "In science as in politics the victors tend to write the history books. As a result, the record of the past is edited, intentionally or unintentionally, so that it focuses mainly on the precursors of contemporary orthodoxy. Such a focus may accurately represent the genealogy of modern ideas, but it almost inevitably misrepresents the historical experience of their progenitors... Even the powerful, persuasive, and ultimately triumphant theory of evolution by natural selection required not only defense, but repeated buttressing and revision. Variation showed Darwin hard at work on this rearguard action, using the materials he had at hand... His information was gleaned from the observations of fanciers, breeders, and amateur naturalists, as well as from the treatises of those on the cutting edge of zoology and botany. As hindsight narrows the historical spotlight, it imposes its own sense of hierarchy on the preoccupations of the past. But Darwin was interested in all of these topics, valued all of these sources, and belonged, to a greater or lesser extent, to all of these communities."--from the Introduction. (shrink)

During the early months of the COVID-19 pandemic, domestic violence came to be understood as a national emergency. In this paper, we ask how and why domestic violence was constructed as a crisis specific to the pandemic. Drawing from newspaper data, we show that the domestic violence victim came to embody the violation of gendered boundaries between “public” and “private” spheres. Representations of domestic violence centered on violence spilling over the boundaries of the home, infecting (...) the home, or the home imploding. While theorists of crisis have focused on the central role of temporality in crisis construction, and especially the performative invocation of “new time,” we argue that crisis rhetoric often relies on anxiety about the transgression of spatial boundaries. Our spatial approach to crisis has two components. First, we argue that crisis framings often invoke the idea that seemingly distinct arenas of social life are becoming disorganized or blurred. And second, because thresholds between social spaces are coded as sacred during crisis, this spatial reordering is rendered dangerous, resulting in calls to resecure boundaries. (shrink)

In this Article we offer a new conceptualization of industrial citizenship, which is sensitive to gender and migration status. Our conceptualization builds on the theoretical distinction between active and passive citizenship and the analyses of active industrial citizenship. We suggest that active industrial citizenship should be detached from the old and influential tradition of trade unionism that is connected with the public/private divide. Our proposed conceptualization leads to attaching value to activities related to ethics of care and to (...) the pursuit of legal status, which should be seen as forms of activism. The discussion focuses on organizing domestic workers. We argue that this new conceptualization of active industrial citizenship leads to the recognition of domestic workers as active industrial citizens, rather than passive victims of abuse. It also transforms the way we view organizational forms within the labor market, making it possible to appreciate on an equal basis membership in trade unions and participation in NGOs and other civil society organizations, thereby building cooperation as well as taking part in other aspects of public life. We ground our argument on theoretical literature as well as a qualitative study, a series of interviews with key trade union and NGO actors with expertise in organizing and supporting domestic workers in Israel and the United Kingdom. (shrink)

A complex conjuncture of ideological constructions obscured and rationalized the systematic exploitation of farm women. First, farming and homemaking, to which people cling in an attempt to avert the alienation of wage labor, provide a basis for evaluating one's labor in terms that, ironically, makes them vulnerable to super-exploitation. Second, agrarian ideologies, with their strongly patriarchal bias, did not allow women to understand themselves as public actors. Modernizing elite ideologies, specifically the equation of entrepreneurial individualism and efficiency with “progress” (...) and affluence, and the “cult of domesticity” with its redefinition of men's and women's roles, promised women greater equality within the family; however, these normative codes simultaneously opened the farm and home to greater dependence on capitalist markets. The ideology of entrepreneurial individualism also provided templates through which farm men and women (mis)understood their relative poverty as being the result of private, individual choices. In addition, virtually all media assumed a sector differentiated only by commodity, rendering size, class, or other distinctions invisible. Finally, the ideology of separate spheres, as it developed in the nineteenth century, created a segmented and discriminatory labor market for women. The period focused on, the late 1940s and the 1950s, was crucial in establishing the terms of the post-War order. (shrink)

This article examines the complexity of feminized domestic labor in the context of global migration. I view unpaid household labor and paid domestic work not as dichotomous categories but as structural continuities across the public and private spheres. Based on a qualitative study of Filipina migrant domestic workers in Taiwan, I demonstrate how women travel through the maid/madam boundary—housewives in home countries become breadwinners by doing domestic work overseas, and foreign maids turn into foreign brides. (...) While migrant women sell their domestic labor in the market, they remain burdened with gendered responsibilities in their own families. Their simultaneous occupancy of paid and unpaid domestic labor is segmented into distinct spatial settings. I underscore women’s agency by presenting how they articulate their paid and unpaid domestic labor and bargain with the monetary and emotional value of their labor. (shrink)

At the mid-point of the twentieth century, many philosophers in the English-speaking world regarded political and moral philosophy as all but moribund. Thinkers influenced by logical positivism believe that ethical statements are merely disguised expressions of individual emotion lacking propositional force, or that the conditions for the validation of ethical statements could not be specified, or that their content, however humanly meaningful, is inexpressible. Philosophical Dimensions of Public Policy presents thirty-four articles written by research scholars numerous fields-philosophy, political theory, (...) medicine, law, biology, economics, ecology and sociology-treating a broad range of topics in practical philosophy. The Institute for Philosophy and Public Affairs has been home for these ideas, pioneering a distinctive method of conducting inquiry into the moral dimensions of public life, and contributing to public discussion and deliberation. Members of the Institute reject the idea that public philosophy means reaching into the philosopher's tool-kit and "applying" prefabricated theories to particular problems. They set in motion a dialogue between the distinctive moral features of practical problems and the more general moral theories or considerations that seem most likely to elucidate these problems. The volume is divided into five areas: "Politics, Civic Life, and Moral Education"; "Diversity, Identity, and Equal Opportunity"; "Human Rights, Development Ethics, and International Justice"; "Biotechnology, Genetic Research, and Health Policy"; and "Natural Environment, Human Communities." Philosophical Dimensions of Public Policy presents empirical data and philosophical arguments with the intention of informing public policy and public deliberation. Scholars as well as graduate and undergraduate students are certain to find it useful to their research work. Verna V. Gehring is editor at the Institute for Philosophy and Public Policy at the School of Public Affairs, University of Maryland. She serves as editor of Philosophy & Public Policy Quarterly, reviewer of ethics manuscripts for Oxford University Press, and moderator for the Aspen Institute. William A. Galston is director at the Institute for Philosophy and Public Policy at the School of Public Affairs, University of Maryland. He is a political theorist who both studies and participates in American politics and domestic policy. Galston is the author of nearly one hundred articles on moral and political theory, American politics, and public policy, and the author of five books, including Liberal Purposes. (shrink)

An assumed core of normative ethical principles may constitute a philosophically proper framework within which public policy should be formulated, but it seldom provides any substantive solutions. To generate public policy on bioethical issues, participants still need to confront underlying philosophical controversies. Professional philosophers' proper role in that process is to clarify major philosophical options, to press wider-ranging concistency questions, and to bring more parties into the philosophical debate itself by arguing for particular substantive claims. Though questions of (...) fact that mediate final policy conclusions frequently fall outside philosophical competence, one sort of fact, lack of political support, should seldom cause philosophers to stand aside; philosophers still have an important role as critics of culture, politics, and profession. They have no authority, however, on even the philosophical presuppositions of public policy. Keywords: bioethics, philosophy, public policy CiteULike Connotea Del.icio.us What's this? (shrink)

Here we attempt to define a specifically human ecology within which male reproductive strategies are formulated. By treating the domestic and public spheres of social life as "ecological niches" that men have been forced to compete within or to avoid as best they can, we generate a typology of four "social modes" of human male behavior. We then attempt to explain the broad distribution of social modes within and between human groups based on the relative intensity of scramble (...) and contest competition. (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.

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)

This article explores the question of the role of religion in the public square through the lens of Richard Rorty’s more general public–private distinction. When we note his various positions over the years on the role of religion in the public square we observe a shift that yields a more favorable public role for religion so long as it limits itself to social action and refrains from making knowledge-claims that serve as tools of the powerful. (...) But if, according to Rorty, religion per se is no longer the problem, then what becomes of his efforts to endorse a more general public–private distinction? The argument set forth assesses the inadequacies and limitations of Rorty’s assumptions about the public–private split and suggests another way of framing the issue that will prove productive in debates concerning the role of religion in the public square. (shrink)

Public sector institutions are increasingly investing resources in data collection and data analytics to provide better public services at lower cost, to anticipate demand for services, to identify high-risk groups, and to develop targeted interventions. Prior research has shown that the media shape understanding of the possibilities of technology and creates related expectations. In this article we explore how artificial intelligence and emerging data-driven technologies are made familiar and by whose voices they are talked about in the media. (...) Empirically, we explore communication materials and media coverage from the joint AI experiment between the City of Espoo and Tieto Corporation in 2017–18. In this experiment, Tieto Corporation combined customer data from the City of Espoo’s social and health care and early childhood education from 2002–2016 and analysed this data using artificial intelligence methods. Theoretically, we draw on the tradition of the social construction of technology and especially its branch that focuses on the domestication of technologies. The results show that the means of narration used by the media – repetition and highlighting the voice of the representatives of the institutional actors involved in the AI experiment – strengthen the agency and interests of the parties involved as well as their visibility in the media, while reducing the space for possible critical discussion. We argue that this way, AI is made familiar and acceptable to citizens and in public services in Finland. (shrink)

Feminist thinkers have long criticized liberal theory’s public/private distinction for perpetuating indifference to injustices within the family. Thinkers such as Susan Okin have extended this criticism in evaluating the theory of political liberalism, suggesting that this theory’s reliance on a public conception of citizenship renders it indifferent to the way in which the internal politics of the family can undermine equality.However, I argue in this article that the feminist concern to ensure equality within the domestic sphere (...) can in fact be incorporated into a reconstructed account of political liberalism. Central to my strong public reconstruction is the principle of publicly justifiable privacy, according to which the public/private distinction itselfmust be formulated with reference to the values of free and equal citizenship. On my account, the public values of citizenship should figure prominently in evaluations of family life. This reformulation of the public/private distinction answers feminist critics who suggest that political liberalism fails to offer a politics of the personal. (shrink)

This essay argues that Catholic (magisterial) social teaching's division of ethics into public and private creates a structural lacuna which makes it almost impossible to envision a truly just situation for migrant domestic careworkers (MDCs) within the current horizon of Catholic social thought. Drawing on a variety of sociological studies, I conclude that it is easy for MDCs to “disappear” between two countries, two families, and, finally, two sets of ethical norms. If the magisterium genuinely wishes Catholic ethicists (...) to address the plight of these migrant women, normative Catholic social teaching must pay more attention to household sociological realities and more fully absorb the feminist critique of the sharp line between the public and the private, between care and paid work. (shrink)

Residents living in the vicinity of lead smelters are subjected to particularly high levels of contamination from the toxic process of smelting. Yet, public health strategies currently promoted by state health authorities in Australia do not focus their major attention on stopping the contamination at its source. This article focuses on housecleaning regimes, largely implemented by women, aimed at stopping the toxic material from being ingested by children. Because the residential areas surrounding the smelters are degraded, their property value (...) is low and, by and large, working-class families live there. As this article shows, the recommended cleaning regimes are embedded in social class and gender relations. Analysis of the implementation of the strategy and the historical context within which it is administered provides an example of a state gender regime, the state “doing” gender and class, and a lens through which to view contemporary gender and class relations. (shrink)

Contrairement à ce qu’ont affirmé un certain nombre d’historiens et d’historiennes, les femmes ont une place dans l’espace social vénitien aux xve et xvie siècles. Elles appartiennent à l’espace domestique, mais elles sont aussi présentes à l’extérieur, dans les rues et sur les places. Cette étude s’appuie sur des sources picturales pour discuter la présence féminine dans l’espace extérieur et l’espace domestique vénitiens. Peintes par des artistes masculins, elles sont représentées selon des codes bien précis dans l’espace extérieur, souvent à (...) l’image de la Vierge Marie ou d’autres figures saintes. Mais nous verrons également que l’incursion des peintres au sein des case venetiane, qui entraîne une manière plus réaliste de représenter la figure féminine et leur offre une plus grande visibilité, leur permet de gagner une certaine liberté de mouvement, parfois au détriment de leur réputation. (shrink)

This article argues that a state-centered theory of global justice exhibits an epistemic problem of perspective, and that this worry exhibits a gendered character. Within a liberal domestic theory of justice, the public/private distinction has been repeatedly shown to be bad for women because it creates a domain for injustice that becomes invisible to public policy and the law. This article argues that state-centered theories of global justice create an analogous space that is cut off from (...) questions of global justice. The article therefore suggests that this way of framing questions of global justice is problematic, and is problematic for women in particular. Just as the public/private distinction in liberal domestic justice leaves cases of injustice outside the vision of the law, the hard distinction between the domestic (state) sphere and the international realm of justice leaves cases of injustice invisible to international law. For the question of global justice, the privileging of sovereignty and non-intervention compromises the ability of the theory to achieve its purported goal of universal justice. (shrink)

This article argues that a state-centered theory of global justice exhibits an epistemic problem of perspective, and that this worry exhibits a gendered character. Within a liberal domestic theory of justice, the public/private distinction has been repeatedly shown to be bad for women because it creates a domain for injustice that becomes invisible to public policy and the law. This article argues that state-centered theories of global justice create an analogous space that is cut off from (...) questions of global justice. The article therefore suggests that this way of framing questions of global justice is problematic, and is problematic for women in particular. Just as the public/private distinction in liberal domestic justice leaves cases of injustice outside the vision of the law, the hard distinction between the domestic sphere and the international realm of justice leaves cases of injustice invisible to international law. For the question of global justice, the privileging of sovereignty and non-intervention compromises the ability of the theory to achieve its purported goal of universal justice. (shrink)

This article examines the treatment of women in flight from domestic violence at the U.S. – Mexico border. It compares the robust state protections available to domestic violence victims in the interior of the country with the hostile landscape women encounter at the border. The article draws on three sources for information about the treatment at the border of domestic violence victims: an in-depth case study of one woman’s experience of domestic violence and flight, a small (...) data set of domestic violence victims detained in the Eloy Detention Center in Arizona during 2010 and 2011, and a detailed analysis of the policies and practices at play when a woman in flight from domestic violence comes to the U.S. border. From these sources, a grim picture emerges that may surprise many. Women fleeing violence whose lives entangle with the border confront a bureaucracy and justice system that harkens back to the time, 50 years ago, when domestic violence was seen as a private matter about which there was little the government could or should do to respond.Building on this descriptive account, the article draws on political theories of citizenship and membership to highlight the moral and legal inconsistencies between the immigration policies of the United States and its national values and commitments regarding violence against women. It suggests that language about the “private” nature of the violence at issue for women in flight from domestic violence should not be used to cloak underlying concerns about immigration admissions policies. Transparent discussion of the considerations at issue lays bare the irrationality of applying fundamentally different conceptions of domestic violence depending on which side of the geographic border it occurs. (shrink)

By way of an analysis of Arendt's defense of the public/private distinction in The Human Condition, this essay offers a re-interpretation of the status of the family as a realm where the categories of action and speech play a vital role. The traditional criterion for the establishment of the public/private distinction is grounded in an idealization of the family as a sphere where a unity of interests destroys the conditions for the categories of action and speech. (...) This essay takes issue with this assumption and argues that the traditional conception has had a pernicious effect not only on women, but on men as well. This argument is supported by locating a fissure in Arendt's analysis of this distinction that suggests a profound structural affinity between the public realm and the family. Key Words: Arendt • family • feminism • public/private. (shrink)

This article considers whether a morally relevant distinction can be drawn between wild and domesticated animals. The term “wildness” can be used in several different ways, only one of which (constitutive wildness, meaning an animal that has not been domesticated by being bred in particular ways) is generally paired and contrasted with“domesticated.” Domesticated animals are normally deliberately bred and confined. One of the article's arguments concerns human initiatives that establish relations with animals and thereby change what is owed to (...) these animals. The main relations of interest in ethics are the vulnerability and dependence in animals that are created when humans establish certain relations with them on farms, in zoos, in laboratories, and the like. Domestication is a pervasive way in which humans make animals vulnerable, and thereby duties of animal care and protection arise in a persistent way. (shrink)

Rorty uses the private–public distinction as a conceptual tool to uphold the ideal of self–creation (Romanticism) simultaneously to the ideal of solidarity (Enlightenment liberalism). The difficulty of accommodating these two apparently opposing ideals has led Rorty to make inconsistent and contradictory claims about the private–public distinction. This article suggests a way of easing the tension that exists around Rorty’s formulations of the distinction. It does so by turning to the thematic of “self–enlargement” to be found (...) in Rorty’s later writings. By presenting self–enlargement as a common feature of self–creation and solidarity, this reading opens up a way of reconciling these two ideals and mitigating some of the difficulties in Rorty’s private–public distinction. (shrink)

This article provides a new interpretation of Richard Rorty’s notion of the private-public distinction. The first section of the article provides a short theoretical overview of the origins of the public-private distinction in Rorty’s political thought and clarifies the Rortian terminology. The main portion of the article is dedicated to the critique of Rorty’s private-public distinction, divided into two thematic sections: (i) the private-public distinction as undesirable and (ii) the private-public (...) class='Hi'>distinction as unattainable. I argue that Rorty’s formulation provides plausible answers to the first kind of criticism, but not to the second. Finally, a reformulation of the private-public distinction will be suggested, which both mitigates the second line of criticism and better coheres with Rorty’s general theory. (shrink)

In a time of cultural pluralism and legitimation crisis, there is an increasing uncertainty among teachers in Sweden about with what right they are fostering other people's children. What does it mean to teach ‘common values’ to the coming generation? How do teachers find legitimacy and authority for this endeavour, not as family members or as politicians, but as teachers? To respond to this uncertainty, the paper takes the public/private distinction as a starting-point for rethinking the place of (...) the school. Drawing on the work of Hannah Arendt and of Jan Masschelein and Maarten Simons, it argues that the school is an in-between place—a place that transforms values into ‘common goods’ and turns fostering into a teaching matter. The overall purpose of the paper is to sketch out the consequences of this ‘in-betweenness’ for what it means to find one's voice as a teacher in fostering the coming generation. (shrink)

Although most political theorists accept that the meaning of concepts is in part context specific, this dimension tends to be neglected when they deal with concepts that have been part of the collective political imagination for a long period of time. This has been the case with the concepts of public and private. Since the time of Aristotle, public and private have often been represented as two separate and discreet zones of activity, with the private viewed as the (...) domain of the family, home, the indoor, and the public as the domain of the outdoor, the state and the collective body of citizens. Against the backdrop of such an analysis, the paper draws attention to the ways in which the concepts of the private and public get nuanced, modified and even redefined as we move from the ancient to the modern world, and then to contemporary liberal democratic societies. It argues that in liberal democratic societies the private and the public cannot be understood in opposition to one another. Instead of associating them with separate spheres of life, it is necessary to recognize that they represent two different but complementary values ? namely, liberty and equality ? each of which is necessary for the effective functioning of democracy. (shrink)

Language did not evolve only in the distant past. Our shared understanding of the meanings of words is ever-changing, and we make conscious, rational decisions about which words to use and what to mean by them every day. Applying Charles Darwin's theory of "unconscious artificial selection" to the evolution of linguistic conventions, Daniel Cloud suggests a new, evolutionary explanation for the rich, complex, and continually reinvented meanings of our words. The choice of which words to use and in which sense (...) to use them is both a "selection event" and an intentional decision, making Darwin's account of artificial selection a particularly compelling model of the evolution of words. After drawing an analogy between the theory of domestication offered by Darwin and the evolution of human languages and cultures, Cloud applies his analytical framework to the question of what makes humans unique and how they became that way. He incorporates insights from David Lewis's Convention, Brian Skyrms's Signals, and Kim Sterelny's Evolved Apprentice, all while emphasizing the role of deliberate human choice in the crafting of language over time. His clever and intuitive model casts humans' cultural and linguistic evolution as an integrated, dynamic process, with results that reach into all corners of our private lives and public character. (shrink)

Domestic abuse is a worldwide public health issue with long‐term health and social consequences. Nurses play a key role in recognizing and responding to domestic abuse. Yet there is considerable evidence that their responses are often inappropriate and unhelpful, such as trivializing or ignoring the abuse. Empirical studies have identified several reasons why nurses' responses are sometimes wanting. These include organizational constraints, e.g. lack of time and privacy; and interpersonal factors such as fear of offending women and (...) lack of confidence. We propose, however, that these factors present only a partial explanation. Drawing on the work of Julia Kristeva, we suggest that alternative understandings may be derived through applying the concept of abjection. Abjection is a psychological defence against any threat (the abject) to the clean and proper self that results in rejection of the abject. Using examples from our own domestic abuse research, we contend that exposure of nurses to the horror of domestic abuse evokes a state of abjection. Domestic abuse (the abject) transgresses established social boundaries of clean and proper. Thus when exposed to patients' and clients' experiences of it, some nurses subconsciously reject domestic abuse as a possibility (abjection). They do this to protect themselves from the horror of the act, but in so doing, render themselves unable to formulate appropriate responses. Rather than understanding the practice of some nurses as wilfully neglectful or ignorant, we argue that through a state of abjection, they are powerless to act. This does not refute existing evidence about nurses' responses to domestic abuse. Rather, as a relatively unknown concept in nursing, abjection provides an additional explanatory layer that accounts for why some nurses respond the way they do. Crucially, it elucidates the need for nurses to be supported emotionally when faced with the transgressive practice of abuse. (shrink)

Many believe that the treatment-enhancement distinction marks an important ethical boundary that we should use to shape public policy on biomedical interventions. A common justification for this purported normative force appeals to the idea that, whereas treatments respond to genuine medical needs, enhancements can only satisfy mere preferences or “expensive tastes”. This article offers a critique of that justification, while still accepting the TED as a conceptual tool, as well as some of the key ethical axioms endorsed by (...) its proponents. I begin by laying out the TED, the practical implications that tend to be drawn from it, and the justification just sketched for these implications. Using examples drawn from preventive medicine, biomedical technology, and other categories of biomedical interventions, I then go on to challenge both the presupposition of a fundamental dichotomy between treatments and enhancements, and the assumption that enhancements – barring rare exceptions – cannot serve legitimate medical needs. Finally, I consider some ways in which supporters of the TED might try re-formulating the distinction to blunt the force of my critique. I conclude that such a move cannot fully succeed, and that while the TED does have some degree of normative force, it nevertheless cannot play the role that its advocates expect from it. Seeking to justify a general presumption against enhancements based on the rationale I critique here would mean ignoring their various potential benefits, including medical or therapeutic, and would reflect a prejudice – which I refer to as “treatment fetishism”. (shrink)

This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. -/- No one should be neutral in relation to cruelty. Eminently, cruelty in (...) criminal law, a human-created phenomenon, vigorously calls for responses in the form of preventive and corrective action on the part of private and public actors. It is in this sense that cruelty is a problem of practical reason, one of action preoccupied with its legal or moral obligations, rational grounds, value commitments, and actual consequences. -/- However, the connection between conceptions of cruelty and the implications practical reason can draw from the correct application of a conception of cruelty to phenomena in the world remains too detached to be able to capture and explain people's actual experiences both of seeing cruelty in the world and of confronting the question of what to do about cruelty and how to address its cultural and institutional aspects. Something is missing. -/- What is missing is the integration of conceptions of cruelty and the practical reason implications of detecting cruelty in the world into normative models which operate as meaning matrixes for cognition, meaning, and action. This Article undertakes this explanatory task through an exercise of reconstructing seminal philosophical ideas about cruelty. The result is that the four conceptions of cruelty are placed within three distinct normative models, which ultimately render intelligible legal conceptions of cruelty and legal reactions to it. (shrink)

Domestic violence and abuse (DVA) are at last coming to be recognised as serious global public health problems. Nevertheless, many women with personal histories of DVA decline to disclose them to healthcare practitioners. In the health sciences, recent empirical work has identified many factors that impede DVA disclosure, known as barriers to disclosure. Drawing on recent work in social epistemology on testimonial silencing, we might wonder why so many people withhold their testimony and whether there is some kind (...) of epistemic injustice afoot here. In this paper, I offer some philosophical reflections on DVA disclosure in clinical contexts and the associated barriers to disclosure. I argue that women with personal histories of DVA are vulnerable to a certain form of testimonial injustice in clinical contexts, namely, testimonial smothering, and that this may help to explain why they withhold that testimony. It is my contention that this can help explain the low rates of DVA disclosure by patients to healthcare practitioners. (shrink)

There is a "public arena" in which, in principle, individuals can participate in decisions that involve the general society: how public revenues are obtained and used, what foreign policy will be, etc. In a world of nationstates, the public arena is primarily governmental, at various levels. Democracy functions insofar as individuals can participate meaningfully in the public arena, meanwhile running their own affairs, individually and collectively, without illegitimate interference by concentrations of power. Functioning democracy presupposes relative (...) equality in access to resources--material, informational, and other--a truism as old as Aristotle. In theory, governments are instituted to serve their "domestic constituencies" and are to be subject to their will. A measure of functioning democracy, then, is the extent to which the theory approximates reality, and the "domestic constituencies" approximate the population. (shrink)

Genetic modification of crop plants is frequently described by its proponents as a continuation of the ancient process of domestication. While domestication, crop breeding, and GM all modify the genomes and phenotypes of plants, GM fundamentally differs from domestication in terms of the biological and sociopolitical processes by which change occurs, and the subsequent impacts on agrobiodiversity and seed sovereignty. We review the history of domestication, crop breeding, and GM, and show that crop breeding and GM are continuous with each (...) other in many important ways, but represent a momentous break from domestication because they move plant evolution off of farms and into centralized institutions. The social contexts in which these processes unfold dictate who holds rights to germplasm and agricultural knowledge, shape incentives to effect particular kinds of changes in our crops, and create or constrict biodiversity. Presenting GM as a continuation of domestication puts forward a false equivalency that fundamentally misrepresents how domestication, crop breeding, and GM occur. In doing so, this narrative diminishes public understanding of these important processes and obscures the effects of industrial agriculture on in situ biodiversity and the practice of farming. This misrepresentation is used in public-facing science communication by representatives of the biotechnology industry to silence meaningful debate on GM by convincing the public that it is the continuation of an age-old process that underlies all agricultural societies. (shrink)