Those who see Confucianism as a premodern imperial ideology or a traditional religion have no problem characterizing its social ideal as inherently hierarchical, as this is fairly typical of such systems of thought. From this perspective, rather than valuing equality Confucianism takes for granted inequalities among people, and justifies social hierarchies and unequal distribution of power, resources, prestige, and other goods as part of its ethics and its ideal of good government by sagely kings, the justification sometimes involving metaphysical claims (...) about cosmic and religious hierar-chies.1 While some reject Confucianism for its supposed opposition to egalitarianism from perspectives that consider equality a.. (shrink)

Theories of aggregated legislative intent posit that the legislative intent of parliament is what a significant enough proportion of legislators intended (e.g., legislative intent is p if a majority intend that p). After all, many think the same way about democracy (‘votes reveal the will of the people’) and about courts (‘a court decision is based on judicial voting’). The existing literature on aggregated legislative intent, however, tends to make two undefended assumptions: (i) Informed Assumption: all legislators have policy intentions; (...) and (ii) Group Intent Assumption: the existence of an aggregated intent entails the existence of a group intent. Despite these assumptions being subject to great scrutiny, they largely remain undefended. This paper defends the Group Intent Assumption and shows that aggregated theories can survive with a weaker version of the Informed Assumption. (shrink)

This paper explores the ethical and conceptual implications of the findings from an empirical study (reported elsewhere) of decision-making capacity in anorexia nervosa. In the study, ten female patients aged thirteen to twenty-one years with a diagnosis of anorexia nervosa, and eight sets of parents, took part in semistructured interviews. The purpose of the interviews was to identify aspects of thinking that might be relevant to the issue of competence to refuse treatment. All the patient-participants were also tested using the (...) MacArthur Competence Assessment Tool—Treatment test of competence. This is a formalized, structured, interviewer-administered test of competence, which is a widely accepted clinical tool for determining capacity. The young women also completed five brief, self-administered questionnaires to assess their levels of psychopathology. The issues identified from the interviews are described under two headings: difficulties with thought processing and changes in values. The results suggest that competence to refuse treatment may be compromised in people with anorexia nervosa in ways that are not captured by traditional legal approaches. (shrink)

Opposition to legalizing surrogacy often involves the argument that it commodifies or objectifies women and children. When surrogacy involves consenting parties claiming to benefit from the transaction, commodification- or objectification-based arguments seem unpersuasive. This article argues that new natural law theory offers an alternative case against legalizing surrogacy based on the violation of basic goods of human flourishing, a notion which unpacks afresh what is really at stake in the commodification/objectification arguments. Exploring the new natural law approach through John Finnis’s (...) theory, this article suggests that the new natural law case against surrogacy hinges on the link between childbirth and raising children, which turns out to be the major bone of contention in the surrogacy debate. The establishment of the link turns on answers to empirical questions as to what is in the best interests of the child, as well as on contested notions of motherhood, raising questions of a philosophical or normative nature. This article elucidates for policy makers and legislators the precise issues they must face squarely in order to determine whether to legalize or prohibit surrogacy arrangements. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Of Diversities and Comparisons...Sor-hoon TanEncyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. 1,020.Encyclopedias can be useful in teaching philosophy when students need some reading that sets out the basics on a key topic in a few pages without their getting lost in too many complex details or being misled by oversimplifications. They can also be edifying for the philosophy teacher and (...) scholar—providing reliable, up-to-date information on topics that lie in their field but that are not part of their working knowledge. For these reasons, those working in Chinese philosophy will welcome the publication of the Encyclopedia of Chinese Philosophy. The 187 entries cover a variety of subject areas such as "Moral Philosophy" and "Philosophy of language"; Confucianism in different periods and countries, Daoism, Mohism, Legalism, the school of names, Buddhism, and Marxism in China; philosophical trends in post-Mao China, Taiwan, and overseas; key concepts such as dao (the way), fa (law, standards), liyi fenshu (principle and manifestations), and quanli (rights); texts such as the Huainanzi and the Wenzi; and thinkers from Laozi and Confucius to Hu Shih and Mou Zongsan.Instead of more numerous short entries, this encyclopedia has opted for fewer entries of greater length—the Preface tells us that entries on important thinkers and philosophical topics typically range from five thousand to nine thousand words in length, and a quick check reveals that even the shortest entry is at least two pages long (more than one thousand words). This format allows authors to explore the philosophical issues at some depth, and expound even complex arguments in detail. The connections between different concepts, thinkers, texts, philosophical theories, and development that stretch across different periods and territories can be delineated more clearly in a single entry. There is a danger of duplication with this format, as some texts and concepts may be covered in several articles; for example, most of "Confucianism: Constructs of Classical Thought" is on what the author identifies as six key texts of Classical Confucianism: the Analects, Mencius, Xunzi, Yizhuan, Zhongyong (Doctrine of the mean), and Daxue (Great Learning). The sections on Mencius and Xunzi (pp. 66-67) merely introduce a small part of what is discussed in much greater depth and detail in the entries on these two thinkers (pp. 440-448 and 821-829). The Zhongyong and Daxue also have their own entries, and "Confucianism: Confucius" (p. 61) contains an entire section on the Analects.As it turns out, the duplication is less than expected. Pei-jung Fu, author of "Confucianism: Constructs of Classical Thought," implicitly questions Xunzi's Confucian pedigree, beginning his discussion with "Xunzi professed to be an advocate of Confucianism" (p. 67). Such doubt is clearly not shared by A. S. Cua, who authored [End Page 111] the entry on "Xunzi," introducing the thinker as "an important exponent of classical Confucianism" (p. 821). Cua also does not share Fu's view that "the real issue between Mencius and Xunzi lies in their concepts of heaven (tian)" (p. 67). Fu and the author of the entry on the Zhongyong translate key terms in the texts differently: Fu discusses "five ethical codes" and "three comprehensive virtues" (p. 68) while Yanming An calls them "five universal paths" and "three universal virtues" (p. 890). Such differences can be either thought provoking or confusing (especially when unaccompanied by Chinese characters or even pinyin), depending on the reader. The sections on the Analects in "Confucianism: Confucius" and "Confucianism: Constructs of Classical Thought" have hardly anything in common; the first examines it as an account of how Confucius lives as an exemplar remembered by his students, while the latter discusses its content, focusing on ren and li, as well as on Confucius' religious concerns. While concepts such as ren and li are frequently discussed, the different ways in which authors employ them and the different characteristics, contexts, and philosophical stakes they pay attention to enrich one's understanding of the many dimensions of these concepts even as similarities in diverse entries reinforce certain aspects and perspectives.One comes across disagreements to various degrees on common or related topics among different entries. While... (shrink)

What is social entrepreneurship? In, particular, what’s so social about it? Understanding what social entrepreneurship is enables researchers to study the phenomenon and policy-makers to design measures to encourage it. However, such an understanding is lacking partly because there is no universally accepted definition of entrepreneurship as yet. In this paper, we suggest a definition of social entrepreneurship that intuitively accords with what is generally accepted as entrepreneurship and that captures the way in which entrepreneurship may be altruistic. Based on (...) this we provide a taxonomy of social entrepreneurship and identify a number of real cases from Asia illustrating the different forms it could take. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Decision-Making as a Broader ConceptJacinta O. A. Tan (bio), Anne Stewart (bio), and Tony Hope (bio)KeywordsCompetence, decision-making, capacity, anorexia nervosa, autonomy, values, identityWe thank Demian Whiting for the thoughtful critique of aspects of our paper (Tan et al. 2006a). A primary aim of our research was to provide empirical grounds on which to stimulate discussion about the nature of decision-making capacity (DMC). Whiting criticizes in particular the concept of (...) 'pathological values' that we suggested might be relevant in the assessment of DMC and in the related issue of deciding when a patient's refusal of beneficial treatment should be overridden.Whiting's central concern is with DMC. Whiting argues that the absence of pathological values should not be a criterion for DMC. We are unclear whether he is also arguing that pathological values do not provide a reason of any kind for overriding treatment refusal. At the end of the paper he writes: "we cannot justify compulsory treatment of patients who have pathological values... on the grounds that these patients lack DMC" (2009, XX). This seems to leave open the possibility that we may be able to justify compulsory treatment of patients who have pathological values on grounds other than that they lack DMC. As we wrote in our response to the discussants of our original paper, "The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests" (Tan et al. 2006b, 300).In deciding on whether to use compulsory treatment, there are other relevant factors that may need to be considered, such as the seriousness of the decision, which determines the threshold for competence. However, in this response we consider three issues. First, we argue that the current concept of DMC is by no means so clear cut or generally agreed upon as Whiting implies, and that some of the lack of clarity relates to pathological values. Second, that the concept of DMC is itself dependent on accounts of autonomy, and that it is plausible that pathological values can affect autonomy. Third, we directly consider the question of whether a coherent account of pathological values might be given based on a concept of authenticity.The Current Criteria for DMCWhiting argues that the current criteria for DMC are correct and that an additional criterion along the lines of absence of pathological values should not be added. This argument assumes that there is a clear and agreed understanding of the current criteria. We believe this is not the case for three reasons.(i) Whiting begins his account of DMC by saying that it is normally taken to include: "(1) [End Page 345] understanding (and appreciation)" (2009, 341). Already there is an area of dispute, and the use of parentheses reflects this. The concept of 'appreciation' was developed by Grisso and Applebaum (Grisso, Appelbaum, and Hill-Fotouhi 1997). It is not included in either English common law development, for example (ReC), nor in the criteria specified in the Mental Capacity Act 2005. More important, Grisso and Appelbaum in their comment on our original paper (2006) argue that our work advances thinking about 'appreciation' rather than requiring that we add new elements. The implication is that they believe that what we have called pathological values are relevant to the assessment of capacity and are already included in an account of capacity that incorporates the criterion of 'appreciation.' In our response, we argued that pathological values are not entirely captured within the account of appreciation that Grisso and Appelbaum had previously given. We do not want to revisit that issue here, but the point of relevance is that on one view (that of Grisso and Appelbaum) pathological values are already included in the current criteria for DMC as part of the concept of appreciation, whereas on Whiting's view they are not.(ii) Even if there were agreement over the wording and concepts relevant to DMC there is a further important issue: how are those concepts... (shrink)

Replication forks inevitably stall at damaged DNA in every cell cycle. The ability to overcome DNA lesions is an essential feature of the replication machinery. A variety of specialized polymerases have recently been discovered, which enable cells to replicate past various forms of damage by a process termed translesion synthesis. Alternatively, homologous recombination can be used to restart DNA replication across the lesion. Genetic and biochemical studies have shed light on the impact of these two post‐replication repair pathways in bacteria (...) and yeast. In vertebrates, however, a genetic approach to study post‐replication repair has been compromised because many of the genes involved appear to be essential for embryonic development. We have taken advantage of the chicken cell line DT40 to perform a genetic analysis of translesion synthesis and homologous recombination and to characterize genetic interactions between these two pathways in vertebrates. In this article, we aim to summarize our current understanding of post‐replication repair in DT40 in the perspective of bacterial, yeast and mammalian genetics. BioEssays 26:151–158, 2004. © 2004 Wiley Periodicals, Inc. (shrink)

Most previous research has demonstrated that receiving ability-focused praise negatively affects intrinsic motivation following failure. Surprisingly, a recent study showed that ability-focused praise affects not only the praisee but also the person offering praise, that is, the praiser. However, evidence of the effects on the praiser is quite limited, despite the utility of praise in education. Therefore, the present study employed face-to-face interaction to advance the knowledge of the effects of praise on the praiser. Two experiments were conducted in which (...) undergraduate participants praised a research confederate. We measured attentional engagement using an eye-tracker as a behavioral indicator of intrinsic motivation, as well as self-reported task enjoyment. To estimate the effect of praise, we combined the results of two experiments and conducted a Bayes factor meta-analysis. The results showed that in the ability praise group, participants’ attentional engagement in a task was significantly lower than in the control group. The present finding indicates that ability-focused praise negatively affects the praiser’s intrinsic motivation and suggests that praise should be used with caution in social and educational contexts. (shrink)

I argue that an account of national responsibility, as both collective and inheritable, that allows for making sense of holding nations responsible as an entity for past international injustices and to make reparations for these injustices is not at odds with the demands of global egalitarianism. A global distributive commitment does not deny this account of national responsibility; to the contrary, we can properly appreciate the scope of national responsibility only in light of what global justice truly demands. Thus while (...) I agree with David Miller that we can hold nations accountable for past international injustices, I do not agree with Miller that this is in tension with global egalitarianism. (shrink)

Liberal nationalism is a boundary‐making project, and a feature of this boundary‐making enterprise is the belief that the compatriots have a certain priority over strangers. For this reason it is often thought that liberal nationalism cannot be compatible with the demands of global egalitarianism. In this essay, I examine the sense in which liberal nationalism privileges compatriots, and I argue that, properly understood, the idea of partiality for compatriots in the context of liberal nationalism is not at odds with global (...) equal concern for all persons. In particular, I argue that the three central goals and aspirations of liberal nationalism—promoting individual autonomy and cultural identity, the realization of deliberative democracy, and the aspiration for social justice within the state—do not entail or require a form of compatriot partiality that is inconsistent with the demands of global egalitarian justice. (shrink)

This paper compares criticisms of Singapore’s meritocracy, especially against its impact on income disparities and class divisions, with Michael Sandel’s critique of the meritocratic ethic in the United States. Despite significant differences in their history and politics, meritocracy has similar dysfunctions in both societies, allowing us to draw theoretical conclusions about meritocracy as an ideal of governance. It then contrasts Sandel’s communitarian critique of meritocracy with recent Confucian promotion of political meritocracy and meritocratic justice and argues that the Confucian principle (...) of “promoting the virtuous and talented” is different from the contemporary conception of meritocracy. Textual evidence indicates that a Confucian understanding of “merit” is contrary to the technocratic expertise of contemporary meritocracies. Furthermore, pre-Qin Confucian texts do not support a conception of justice that emphasizes individual desert; they address distributive problems from the perspective of needs and sustaining social relations. The texts also support limiting the reign of merit when it results in inequalities that cause suffering, inhibit personal cultivation of some groups, or undermine social relations. The paper concludes with an assessment of Singapore’s on-going attempts to improve its meritocracy from a Confucian perspective. (shrink)

In two recent papers, Mr Robert Young maintains that all attempts by philosophers to bolster the-violation-of-law concept of miracles are bound to fail and propounds what he claims to be a novel non-reductivist concept of miracles which avoids the conceptual difficulties of the violation-model. His view of miracles is of god being ‘an active agent-factor in the set of factors which actually was causally operative’ [p. 123] in an event dubbed a miracle. God is put in among ‘the plurality of (...) causes’ [p. 122, S p. 33] that could determine the event, but if he acts in a miracle, then ‘his presence…alters the outcome from what it would have been if, contrary to fact , he had not been present’ [p. 122]. Young claims that his concept ‘is neither a violation of … laws nor is it a coincidental occurrence religiously interpreted’ [p. 122, S p. 33], and so it avoids the difficulties, which he thinks are faced by the violation-model, of having an intelligible notion of an occurrence of the physically impossible, and also the reductivism inherent in taking mere coincidences as miracles. He also suggests a procedure of settling the epistemological issue regarding particular alleged miracles, an inquiry he thinks he has made possible by having first given a sense to miracles. [p. 126]. (shrink)

In the 1920s, John Dewey's followers in China, led by his student Hu Shih, attempted to put his pragmatism into practice in their quest for democracy. This essay compares Hu Shih's thought, especially his emphasis on pragmatism as method, with Dewey's philosophical positions and evaluates Hu's achievement as a pragmatist in the context of the tumultuous times he lived in. It assesses Hu's claim that the means to democracy lies in education rather than politics, since democracy as a way of (...) life requires a cultural renewal beyond institutional changes. It argues that a problem‐centered approach to social change does not preclude radical action, even revolution. But pragmatism is against gratuitous use of violence in the service of wholesale and abstract ideals advocated by various “isms.” While Hu's experiment of democracy in China is a significant episode in the history of pragmatism, its “failure” does not prove that there are inherent flaws in the pragmatist method, that pragmatism is unviable for China. The failure needs to be understood in the context of the pragmatist conception of experiment, in which failures are to be expected; what is important is to learn from them to achieve better results in the next stage of inquiry. Hu Shih's pragmatism contains lessons for pragmatists and for those interested in the continued quest for democracy in China—the experiment continues. (shrink)

THE ARTICLE ARGUES THAT RECENT ATTEMPTS, TO REFUTE THE NEO-HUMEAN CONTENTION 1. THAT MIRACLES CONSIDERED AS VIOLATIONS OF NATURAL LAWS ARE IN PRINCIPLE UNIDENTIFIABLE, AND 2. THAT IN ANY CASE CRITICAL HISTORY WOULD ALWAYS RULE AGAINST ACCEPTING PURPORTED EVIDENCES FOR MIRACLES, ARE UNSUCCESSFUL EVEN THOUGH SUGGESTIVE IN THE RIGHT DIRECTION. THEY EITHER EVADE THE ISSUE, OR FAIL TO FULLY COGNISE THE PURPORT OF THE CONTENTION. IT IS THEN ARGUED THAT ONCE MIRACLES ARE CONSIDERED WITHIN THEIR RELIGIOUS CONTEXT, SITUATIONS COULD BE (...) ENVISAGED WHERE THE NEO-HUMEAN POSITION WOULD BE UNDULY SCEPTICAL. (shrink)

Developed here is a Confucian balance between two key democratic ideals, liberty and community, by focusing on the Confucian notion of li (ritual), which has often been considered hostile to liberty. By adopting a semiotic approach to li and relating it to recent studies of ritual in various Western disciplines, li's contribution to communication and its aesthetic dimension are explored to show how emphasizing harmony without sacrificing reflective experience and personal fulfillment renders li a concept of moral empowerment of free (...) individuals in community. (shrink)

是東漢哲學家、思想家桓譚的主要論着，但早己亡佚。今存之輯本有《指海》內佚名氏輯本、清孫馮翼輯本、清嚴可均輯本、黃以周輯本，及近人朱謙之輯本，但均有不足。有鑒於此，吳則虞先生於1962年着有新輯本，收錄 二百餘條，以類相從，分為八卷，並添加附編，匯涵桓譚佚文、存疑、訂訛之文；記載桓譚事跡、著述、評論之文。 桓譚，后漢時人，官至給事中。博學多識，破讖緯迷妄，去虛妄偽飾，先於王充、張衡，具有唯物啟蒙學者之學識，是漢時哲學思想家。《新諭》是桓譚主要論着，但早已亡佚。據歷史記載，明有二卷本，清有孫之騌輯本，皆不 傳。另有《指海》內佚名氏輯本、清孫馮翼輯本、清嚴可均輯本、黃以周輯本及近人朱謙之輯本。從今日的學術、校勘、編排諸方面來看，諸本均有不足：或短椾零篇，漫無倫紀；或望文歸屬，強系篇名；或條目重復，內容雜陳 迭見；或引用刻本，多有遺漏；或雖沿用十七卷篇目之名稱，但其條目已不能再顯現原書各篇的思想內容。有鑒於此，吳則虞先生於一九六二年着有新輯本，收錄二百余條，以類相從，分為八卷，並添加附編，匯涵桓譚佚文、存 疑、訂訛之文；記載桓譚事跡、著述、評論之文；最后殿以輯校引用書目及版本之詳目，以便於讀者查閱與研究。此書成為目前桓譚《新論》集大成之著作。.

In lieu of an abstract, here is a brief excerpt of the content:Studying Penguins to Understand BirdsJacinta O. A. Tan (bio), Anne Stewart (bio), Ray Fitzpatrick (bio), and Tony Hope (bio)Keywordsanorexia nervosa, treatment decision-making, competence, valuesWe are grateful to Grisso, Appelbaum, Charland, and Vollmann for their thoughtful commentaries on our paper. We would like to respond by picking up on some of the points they make, although we do not address all the issues raised.Our general aims in the paper are (...) less immediately pragmatic than are the central concerns of Grisso and Appelbaum. Our interest is primarily in a number of ethical, and related conceptual, issues that arise from empirical data. In the long run, of course, we believe that these ethical and conceptual issues are important to the care of people with mental disorders, but our focus is philosophical.Our central interest is what justifies overriding treatment refusal. We are unhappy with a "status" approach according to which, for example, the mere fact that a person suffers a mental disorder provides grounds for overriding her wishes. Such an approach, it seems to us, fails to identify reasons, and discriminates against those with mental disorder, a view shared by the Law Commission (The Law Commission 1995). We are, on the other hand, attracted by the approach that grounds any overriding of treatment refusal on lack of capacity (or competence) to make treatment decisions. The concept of capacity has been well developed through legal cases and conceptual analysis, not least by Grisso and Appelbaum themselves. We were struck, however, first through clinical experience, and subsequently from the pilot study reported in our paper, that many patients with anorexia nervosa who refuse treatment do not necessarily lack capacity, using the current criteria, and yet show features or give reasons that raise serious doubts as to whether it is right to respect their refusal of treatment.To avoid reliance on a "status" approach, the issue with which we are grappling is whether the concept of capacity (and therefore lack of capacity) can be developed to encompass some of our findings, and whether it is ethically right to do so. Charland makes the important point that the concept of competence, or capacity, has both a descriptive and a prescriptive component. It is for this reason that the question of whether, for example, we should extend the criteria for capacity is part of the question of when it is morally right to override treatment refusal.Grisso and Appelbaum suggest that our work advances "our thinking about appreciation, rather than requiring that we add new elements" (2006, 297). From our perspective, and at this stage, it is a secondary issue whether we are suggesting a development of appreciation, or a new element (e.g., "pathological values"). The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in [End Page 299] such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests.We chose to study anorexia nervosa for various reasons, but we expect that the issues raised have a more general relevance (such as to substance abuse and impulse control disorders as Grisso and Appelbaum and Charland suggest). We do not expect the results to be relevant to all, or even most, mental disorders. Our main interest is not the specific management of people with anorexia, but how the data challenge, and help to develop, the concept of capacity, and the ethical analysis of overriding patient refusal of treatment. Our paper aims to address what we understand Charland to be referring to by the "pretheoretical desiderata" (2006, 283) of the concept of capacity. One reason why we chose anorexia as the focus of this work is because it is different from many mental disorders in the issues that it raises. In this it is, perhaps, rather like studying penguins to better understand the concept of bird just because penguins, although clearly birds, have unusual features.We agree, therefore, with Grisso and Appelbaum's caution that it would be unwise to jump in and change the MacCAT-T on the basis of the results... (shrink)

This review essay on John Rawls’s The Law of Peoples focuses on two of its more contentious claims. The first is that international economic justice is secured by a principle of assistance and that a principle of distributive justice will in fact have “unacceptable” results. The other is that certain non-liberal societies, or peoples, fall within the limits of international toleration. The essay evaluates and critiques these claims from a liberal cosmopolitan perspective.

This essay argues two main points by analyzing Sengzhao’s contentions regarding several basic Buddhist concepts such as emptiness, being, and nonbeing. First, Sengzhao synthesizes Daoist methods of argumentation into his description of the middle path and other Buddhist concepts. Second, he revives Daoist concepts, giving them Buddhist meaning and expressing them in Buddhist terms. In the process, he consciously differentiates Madhyamika Buddhism from earlier Buddhism as understood from a Daoist perspective, such as the teachings of the School of Original Non-Being (...) and the School of No-Mind. However, because his understanding of the middle path is not sufficiently deep, he wavers between Buddhist and Daoist understandings of terms such as prajñā and nirvāṇa, rest and movement, and name and reality. Despite these inconsistencies, his discourse, as the first attempt to differentiate Madhyamika from Daoism, is still a milestone in the development of Chinese Buddhism and has exerted a far-reaching influence on later generations. (shrink)

Sometimes, scientific models are either intended to or plausibly interpreted as representing nonactual but possible targets. Call this “hypothetical modeling”. This paper raises two epistemological challenges concerning hypothetical modeling. To begin with, I observe that given common philosophical assumptions about the scope of objective possibility, hypothetical models are fallible with respect to what is objectively possible. There is thus a need to distinguish between accurate and inaccurate hypothetical modeling. The first epistemological challenge is that no account of the epistemology of (...) hypothetical models seems to cohere with the most characteristic function of scientific modeling in general, i.e., surrogative representation. The second epistemological challenge is a version of “reliability challenges” familiar from other areas. There is a challenge to explain how hypothetical models could be a reliable guide to what is possible, given that they are not and cannot be compared against their nonactual targets and updated accordingly. I close with some brief remarks on possible solutions to these challenges. (shrink)

Differences in guidance from various organisations is preventing uniform standards of practiceThe emphasis in medical law and ethics on protecting the patient’s right to choose is at an all time high. Apart from circumscribed situations, for instance where the Mental Health Act 19831 is applicable, the only justification for medically treating an adult patient against his or her wishes is on the basis of common law, using the principle of best interests, and only when he or she lacks capacity to (...) refuse treatment. As a result, it is important that clinicians should be able to assess capacity to refuse treatment. Given that judgements of incapacity involve deciding that a person does not have the ability to refuse treatment, a great deal of care needs to go into the assessment and characterisation of incapacity.There is divergence between the characterisation of capacity that is used by the courts and that which is recommended by the British Medical Association . The BMA usefully expands on the first element of capacity as set out in the standard legal definition of capacity in the Re C judgment2 but ignores the other two elements. By doing this, the BMA makes it unclear whether it is rejecting these as relevant to capacity; it also misses the opportunity to expand on these elements in a clinically useful way.We will begin with a description of the BMA’s advice3 and the standard English legal definition of capacity.2,4 Then we will show that there are important discrepancies between these two sources of advice. We think that the BMA ought to clarify its position on capacity in order to safeguard the interests of physicians, healthcare workers, and patients.THE RE C TESTMr C was a patient in a psychiatric secure hospital who had chronic paranoid schizophrenia with …. (shrink)

In his stimulating and provocative collection of essays, Globalization and Justice, Kai Nielsen defends a cosmopolitan account of global justice. On the cosmopolitan view, as Nielsen understands it, individuals are entitled to equal consideration regardless of citizenship or nationality and global institutions should be arranged in such a way that each person's interest is given equal consideration. Nielsen's defense of cosmopolitan justice in this collection will be of no surprise to readers familiar with his socialist egalitarian commitments. Indeed, the internationalism (...) underlying socialism, Nielsen would argue, naturally entails the cosmopolitan account of justice. (shrink)

Since the official history-writing is a defining aspect for the formation and consolidation of nation-states, it is crucial to explore the attempts to legitimize particular discourses regarding historical atrocities. The selective representations of the past, in this regard, contradict counter-memories and propagate hegemonic patterns of remembrance and/or forgetting of past crimes. This article accordingly addresses how the representations of counter-memories as threats to national security and the silencing of gender-specific experiences and remembrances by sanctioned historical narratives become manifest in the (...) history-making of the Turkish nation-state. By focusing on the Holocaust and the Armenian Genocide as two cases of crimes against humanity, it is intended to discuss the shifting positions and roles that the Turkish state adopts in the remembering and forgetting of historical offences. The article argues that through prioritizing national security and national interests, the securitization of memory reconstructs collective traumas of distinct ethnic and religious groups on the basis of a nation-state’s perceived internal and external threats. It also claims that the competing voices of women and their distinct experiences and patterns of remembrance and forgetting past atrocities are suppressed for the sake of the preservation of national security. By incorporating the issue of gender into the debate on the securitization of memory, this article elucidates the mismatch between positions of femininity and masculinity within the official national historiography of the Turkish state. (shrink)

Since the publication of J. A. Hobson’s (1858–1940) Imperialism: A Study in 1902, the text has been studied—even celebrated—as a liberal or proto-Marxist critique of modern empires. This reputation stands in some tension with the text itself, which defends various forms of imperial domination. While scholars have addressed this tension, they remain divided over how best to understand Hobson’s imperial commitments. Offering a new response to this debate, I argue that a key dimension of Imperialism has been overlooked—namely, Hobson’s conception (...) of humanity as stratified into a hierarchy of racial “souls.” This deeply committed view of human difference undergirded Hobson’s arguments about the moral and practical limits of Western imperial power. This article shows how Hobson articulated imperialism as the “parasitic” rule of whites over the nonwhite world—the solution to which was not the rejection of empire but the reform of white imperial power in accordance with his normative vision of global racial hierarchy. This recovery reveals the redemptive critique at the core of Imperialism and enables us to more readily grasp the text as a form of imperial apologetics. The article concludes with the suggestion that Hobson is better understood not as a liberal- or socialist-imperialist but as a proponent of racial capitalism on a global scale. (shrink)