The practice of law has changed greatly since the days when judges based decisions on the maxim salus populi suprema lex, and Oliver Wendell Holmes disagreed, noting that “experience” has been the “life of the law.” In the intervening years, the profession has followed Holmes and the legal realists in recognizing that the law does not exist in a vacuum. It is a human endeavor, molded by experiences and filled with human consequences. Today, lawyers, jurists, and legal scholars everywhere on (...) the political spectrum recognize the importance of social context, history, and a variety of non-legal disciplines, and non-legal insights to the intelligent practice of the law Unfortunately, in rejecting the old maxims, the legal profession also lost sight of the fundamental truth of salus populi suprema lex, Latin for “the health of the people is the highest law” - namely, it has lost sight of the truth that a population’s health is a critical part of law’s social context. One of the consequences of this is that the profession has failed to include public health - the study of the causes and prevention of disease, disability, and death in populations - among the non-legal disciplines regularly incorporated into legal analysis and routinely taught to all would-be lawyers. It is time to correct this oversight. (shrink)

The practice of law has changed greatly since the days when judges based decisions on the maxim salus populi suprema lex, and Oliver Wendell Holmes disagreed, noting that “experience” has been the “life of the law.” In the intervening years, the profession has followed Holmes and the legal realists in recognizing that the law does not exist in a vacuum. It is a human endeavor, molded by experiences and filled with human consequences. Today, lawyers, jurists, and legal scholars everywhere on (...) the political spectrum recognize the importance of social context, history, and a variety of non-legal disciplines, and non-legal insights to the intelligent practice of the law Unfortunately, in rejecting the old maxims, the legal profession also lost sight of the fundamental truth of salus populi suprema lex, Latin for “the health of the people is the highest law” - namely, it has lost sight of the truth that a population’s health is a critical part of law’s social context. One of the consequences of this is that the profession has failed to include public health - the study of the causes and prevention of disease, disability, and death in populations - among the non-legal disciplines regularly incorporated into legal analysis and routinely taught to all would-be lawyers. It is time to correct this oversight. (shrink)

Public health professionals recognize the critical role the law plays in determining the success of public health measures. Even before September 11, 2001, public health experience with tobacco use, HIV, industrial pollution and other potent threats to the health of the public demonstrated that laws can assist or thwart public health efforts. The new focus on infectious threats and bioterrorism, starting with the anthrax attacks through the mail and continuing with SARS, has highlighted the important role of law.For lawyers to (...) serve as effective partners in public health, they should have a basic familiarity with public health: how public health professionals see the world and the key issues they tackle. A practical grasp of public health can be acquired, and often is acquired, “on the job.”. (shrink)

Public health professionals recognize the critical role the law plays in determining the success of public health measures. Even before September 11, 2001, public health experience with tobacco use, HIV, industrial pollution and other potent threats to the health of the public demonstrated that laws can assist or thwart public health efforts. The new focus on infectious threats and bioterrorism, starting with the anthrax attacks through the mail and continuing with SARS, has highlighted the important role of law.For lawyers to (...) serve as effective partners in public health, they should have a basic familiarity with public health: how public health professionals see the world and the key issues they tackle. A practical grasp of public health can be acquired, and often is acquired, “on the job.”. (shrink)

Informal political representation can be a political lifeline, particularly for oppressed and marginalized groups. Such representation can give these groups some say, however mediate, partial, and imperfect, in how things go for them. Coeval with the political goods such representation offers these groups are its particular dangers to them. Mindful of these dangers, skeptics challenge the practice for being, inter alia, unaccountable, unauthorized, inegalitarian, and oppressive. These challenges provide strong pro tanto reasons to think the practice morally impermissible. This paper (...) considers the question: On what conditions is the informal political representation of oppressed and marginalized groups permissible? By responding to skeptics’ challenges, I develop a systematic account of moral constraints that, if adopted, would make such representation permissible. The account that emerges shows that informal political representatives (IPRs) must aim to fulfill two sets of sometimes conflicting duties to the represented: democracy within duties, which concern how the representative treats and relates to the represented, and justice without duties, which concern how the representative’s actions advance the aims of the representation. (shrink)

Journal of Political Philosophy, Volume 29, Issue 4, Page 429-455, December 2021.

The landscape in which journalists now work is substantially different to that of the twentieth century. The rise of digital and social media necessitates a new way of considering the ethical questions facing practicing journalists. This volume considers the various individual, cultural and institutional influences that have an impact on journalistic ethics today. It also examines the links between ethics and professionalism, the organizational promotion of ethical values and the tensions between ethics, freedom of information and speech, and the need (...) to disseminate information. By comparing the theoretical underpinnings of journalistic ethics with a variety of international case studies, this volume provides a comparative global analysis of the ethical challenges faced by the media in the twenty-first century. It will be essential reading for students of journalism and practicing journalists. (shrink)

An underexamined insight of W. E. B. Du Bois’s John Brown is that John Brown worked for much of his life to cultivate democratic relationships with the Black Americans with and for whom he worked. Brown did so through practicing deference and deliberation, and by seeking authorization. However, Brown’s commitment to these practices faltered at a crucial moment in decision making: when he raided Harpers Ferry absent widespread support. Examining this aspect of John Brown brings into relief an overlooked tragic (...) choice Brown made: To act in accordance with his own substantive vision of what justice required, Brown eschewed democratic ideals and practices that grounded the distinctive relations of equality he had cultivated with the Black communities with and for whom he worked. (shrink)

In a volume that traverses multiple disciplines, Michael Robbins proposes that the structures of the mind that distinguish us as uniquely human also incline us towards destructive behaviours on a personal and societal level. Psychoanalysis was created by Freud in an effort to understand neurosis and psychosis, the names he gave to individual human destructiveness. His understanding was limited and incorrect because the science of evolution and the disciplines of sociology and cultural anthropology were in their infancy when he (...) formulated his ideas. He did not comprehend that destructiveness is qualitatively different in humans than in other species and he ignored the problem of how biological instincts become mental processes. These limitations left psychoanalysis with one of its most perplexing unsolved problems, the mysterious leap from mind to body. The book explains how neoteny, the prolonged period of post-natal immaturity that distinguishes humans from other animals, requires and enables complex learning from caregivers. It is the knowledge acquired from this learning and its intergenerational transmission that links the biological theory of evolution with the psychosocial theory of psychoanalysis and explains how the human species is unique. The book will be of interest to those who want to learn about how integrating the findings of evolutionary science, primatology, sociology and cultural anthroplogy with the theory of psychoanalysis expands our understanding of what makes humans unique and its implications for the future of our species, and empowers us to influence the destiny of humankind. (shrink)

As neuroscience methods begin to dominate emotion research it is critical for researchers to remember that peripheral embodiments are critical to understanding emotional experience and emotion—behavior links. Much of modern emotion research assumes reliable mind—body connections that suggest that changes in emotional states influence bodily responses and, vice versa, that somatovisceral information shapes emotional experiences. However, there may be important qualifications to the link between the mind and the (peripheral) body. For example, the ability to sense internal and external bodily (...) states declines in older age as does activation of physiological systems, all of which may contribute to an impairment in emotional experiences and how emotions influence behavior. I describe this phenomenon as maturational dualism and suggest implications of this for emotion in older adults. (shrink)

As artist-in-residence at the Zen Hospice Project Guest House, Wendy MacNaughton experienced firsthand how difficult it is to know what to do when we're sharing final moments with a loved one. In this tenderly illustrated guide to saying goodbye, with a foreword by renowned physician and author BJ Miller, MacNaughton shows how to make sure those moments are meaningful. Using a framework of "the five things" taught to her by a professional caregiver, How to Say Goodbye provides a model (...) for having conversations of love, respect, and closure: with the words "I forgive you," "Please forgive me," "Thank you," "I love you," and "Goodbye," each oriented toward finding mutual peace and understanding when it matters most. How to Say Goodbye features MacNaughton's drawn-from-life artwork from both the Zen Hospice Project Guest House and her own aunt's bedside as she died, each paired with hospice caregivers' gentle advice on creating a positive sensory experience, acknowledging what you can't control, and sharing memories and gratitude. A poignant guide to embracing the present and deepening relationships during great vulnerability, How to Say Goodbye shows that just as there is no one right way to live a good life, there is no one right way to say goodbye. Whether confused, scared, or uncertain, this book is a starting point. (shrink)

In this paper, I argue that considerations of epistemic bubbles can give us reason to defend censorship of hate speech. Although censoring hate speech leads to epistemic bubbles (‘censorship bubbles’), they tend to be less epistemically problematic than epistemic bubbles generated by the circulation of hate speech (‘hate bubbles’). Because hate speech silences its target groups and creates the illusion that the dominant group identities are threatened, hate bubbles are likely more restrictive in structure than censorship bubbles and have a (...) stronger tendency to turn into echo chambers where opposing views are actively discredited. Therefore, I argue that censorship bubbles might be a minor price we ought to pay to avoid hate bubbles. Additionally, my analysis shows that we cannot focus exclusively on the content or the structure of epistemic bubbles, since their content can partly determine their structure, as is in the case of hate bubbles. (shrink)

An indispensable collection that re-examines what it means to belong in the world. "Where are you from?" The word cosmopolitan was first used as a way of evading exactly this question, when Diogenes the Cynic declared himself a “kosmo-polites,” or citizen of the world. Cosmopolitanism displays two impulses—on the one hand, a detachment from one’s place of origin, while on the other, an assertion of membership in some larger, more compelling collective. Cosmopolitanisms works from the premise that there is more (...) than one kind of cosmopolitanism, a plurality that insists cosmopolitanism can no longer stand as a single ideal against which all smaller loyalties and forms of belonging are judged. Rather, cosmopolitanism can be defined as one of many possible modes of life, thought, and sensibility that are produced when commitments and loyalties are multiple and overlapping. Featuring essays by major thinkers, including Homi Bhabha, Jean Bethke Elshtain, Thomas Bender, Leela Gandhi, Ato Quayson, and David Hollinger, among others, this collection asks what these plural cosmopolitanisms have in common, and how the cosmopolitanisms of the underprivileged might serve the ethical values and political causes that matter to their members. In addition to exploring the philosophy of Kant and the space of the city, this volume focuses on global justice, which asks what cosmopolitanism is good for, and on the global south, which has often been assumed to be an object of cosmopolitan scrutiny, not itself a source or origin of cosmopolitanism. This book gives a new meaning to belonging and its ground-breaking arguments call for deep and necessary discussion and discourse. (shrink)

Moral injury occurs when a person perpetrates, bears witness to, or fails to prevent an act that transgresses their deeply held moral beliefs. The deeply held moral belief that physicians share is the oath they take when completing their lengthy training and embarking on their career: Put the needs of patients first. In today's American healthcare system, doctors, nurses, and other healthcare providers are increasingly forced to consider the demands of other stakeholders -- insurers, hospitals, even their own financial security (...) -- before the needs of their patients. Whenever they are forced to make a decision that contravenes their patient's best interest, they feel a sting of moral injustice. Over time, these repetitive insults amass into moral injury. Moral injury and its causes help explain why healthcare workers started leaving the field in droves long before the COVID-19 pandemic exposed weaknesses in the US system, why a rich country has such poor outcomes in certain categories, why there is a shortage of young doctors training for critical areas, and why patients feel so frustrated. In If I Betray These Words, Wendy Dean explores and exposes the impacts of moral injury through vividly told stories that are at once bewildering and eye-opening. Her book serves as a roadmap through a healthcare landscape that can be confounding, and at times even hellish, for those who must navigate it, and it suggest alternative routes for healers and their patients. (shrink)

Misophonia is a condition characterized by defensive motivational system emotional responding to repetitive and personally relevant sounds. Preliminary research suggests misophonia may be associated with a range of psychiatric disorders, including personality disorders. However, very little research has used clinician-rated psychometrically validated diagnostic interviews when assessing the relationship between misophonia and psychopathology. The purpose of this study was to extend the early research in this area by examining the relationship between symptoms of misophonia and psychiatric diagnoses in a sample of (...) community adults, using semi-structured diagnostic interviews. Results indicated higher misophonia symptoms were associated with more clinician-rated symptoms of personality disorders, but not other disorders. Anxiety partially mediated the relationship between personality disorder symptoms and misophonia. These results suggest misophonia may be associated with a range of psychiatric symptoms and highlight the role of anxiety in this poorly understood condition. (shrink)

From Booker T. Washington to a neighbor who speaks up at a city council meeting, many of the people who represent us were never elected. Wendy Salkin provides the first systematic analysis of the ubiquitous phenomenon of informal political representation, a practice of immense political value that raises serious ethical concerns.

French social and philosophical thought has played a very significant role in the development of European and American social theory. This detailed, timely book provides a map of the production and reception of French social thought within a global sociological context. Critically comparing the work of five key theorists Derek Robbins examines how their ideas were produced and received before persuasively setting out the key differences between their philosophical and ideological positions. The book sensitively traces the cross-currents of social (...) theory and confidently leads the reader through the complex foundations of Western social thought. Each chapter represents a textual analysis of the production of a critical intellectual and focuses upon the work of: Althusser, Foucault, Aron, Lyotard, Bourdieu. This carefully crafted volume represents a significant contribution to the globalization of theory and will be essential reading for anyone interested in Western social theory and the foundations of sociological thought."--Publisher's website. (shrink)

Written by experienced practitioners this resource for Theory of Knowledge for the IB Diploma offers comprehensive coverage of and support for the new subject guide. Decoding Theory of Knowledge (ToK) is an accessible new resource that explores Areas of Knowledge, Ways of Knowing, Personal and Shared Knowledge, the Knowledge Framework and Knowledge Questions. Written in succinct and clear language, this engaging book decodes ToK concepts and helps students develop their critical thinking skills. The book offers extensive support on the new (...) assessment criteria for the essay and presentation. Features include explanation of key concepts to consolidate knowledge and understanding; real-life situations to engage students; practical activities to develop students' thinking, writing and presentation skills; and top tips to provide further guidance and advice. (shrink)

In this chapter I discuss the role of mind perception in the categorization of individuals as moral agents and moral patients. Moral agents are defined as individuals that can commit morally wrong actions and deserve to be held accountable for those actions; moral patients are defined as individuals that can be morally wronged and whose interests are worthy of moral consideration. It is generally agreed that the attribution of moral agency and moral patiency is linked to the attribution of mental (...) capacities and traits. The chapter surveys a variety of models of mind perception, some of which focus on the representation of mental capacities, some of which focus on the representation of mental traits. The dominant model of mind perception in moral psychology is the experience-agency model (Gray et al., 2007), which divides the space of mindedness into experiential capacities like sentience and self-awareness, and agentic capacities like deliberative reasoning and self-control. Reviewing the empirical literature on moral categorization, I argue that neither the experience-agency model nor any of the major alternatives to it (i.e., the warmth-competence model, the agency-communion model, and the human nature–human uniqueness model), captures the full panoply of mental features to which everyday attributions of moral agency and moral patiency are sensitive. (shrink)

Cosmopolitanism, new and newer : Anthony Appiah -- Noam Chomsky's golden rule -- Blaming the system : Immanuel Wallerstein -- The sweatshop sublime -- Edward Said and effort -- Intellectuals in public, or elsewhere -- War without belief : Louis Menand's The Metaphysical Club -- Comparative national blaming : W.G. Sebald and the bombing of Germany.

This book strives to highlight the conditions that have turned schools into places that induce stress on all levels for children and staff.

Whether in characterizing Catharine MacKinnon's theory of gender as itself pornographic or in identifying liberalism as unable to make good on its promises, Wendy Brown pursues a central question: how does a sense of woundedness become the basis for a sense of identity? Brown argues that efforts to outlaw hate speech and pornography powerfully legitimize the state: such apparently well-intentioned attempts harm victims further by portraying them as so helpless as to be in continuing need of governmental protection. "Whether (...) one is dealing with the state, the Mafia, parents, pimps, police, or husbands," writes Brown, "the heavy price of institutionalized protection is always a measure of dependence and agreement to abide by the protector's rules." True democracy, she insists, requires sharing power, not regulation by it; freedom, not protection.Refusing any facile identification with one political position or another, Brown applies her argument to a panoply of topics, from the basis of litigiousness in political life to the appearance on the academic Left of themes of revenge and a thwarted will to power. These and other provocations in contemporary political thought and political life provide an occasion for rethinking the value of several of the last two centuries' most compelling theoretical critiques of modern political life, including the positions of Nietzsche, Marx, Weber, and Foucault. (shrink)

Current research in moral development suggests that there are two distinct modes of moral reasoning, one based on a morality of justice, the other based on a morality of care. The research presented here examines the kinds of moral reasoning used by managers in work-related conflicts. Twenty men and twenty women were randomly selected from the population of first level managers in a Fortune 100 industrial corporation. In open-ended interviews each participant was asked to describe a situation of moral conflict (...) in her or his work life. The results indicated a clearly preferred mode of moral reasoning among the participants who described moral conflicts. Nearly all of these predominated with a justice orientation. These findings suggest that a correlation between gender and preferred mode may be context specific. (shrink)

This is the first collection dedicated to presenting research directly influenced by the innovative and groundbreaking ideas of the eminent linguist Ruqaiya Hasan. The collection offers an insight into the breadth and depth of Hasan's distinctive linguistic approaches and theoretical concerns. The chapters cover areas such as verbal art, context of situation, semantic networks, cohesive harmony, text structure and literacy education, contributed by well-known scholars in the field such as M.A.K. Halliday, Geoffrey Williams, David Butt, Donna Miller, Wendy L. (...) Bowcher, Tom Bartlett and Margaret Berry. The volume contains an interview with Ruqaiya Hasan by David Butt and Jennifer Yameng Liang, and a section in which the contributors describe their connection and/or history with Ruqaiya Hasan and her work. This book is of particular value to scholars and students working in sociolinguistics, literary criticism, stylistics, functional linguistic theories, literacy pedagogy, social semiotics, multimodality and applied linguistics. (shrink)

What is it that permits us to see others as 'evil'? This book argues that it's our epistemological framework, which also resituates our own moral compass and reframes our moral world such that we can justify performing violent deeds, which we would readily demonize in others, as the heroics of eradicating evil. When conflict is understood positively as the confrontation of differences, an unavoidable and indeed desirable consequence of the rich tapestry of earthly life, then a discussion can open as (...) to how to navigate the countless confrontations of difference in the most skillful way. Through this lens, violence comes into view as the least skillful means of responding to, and working with, difference, since violence tends to 'rebound' and leaves both victims and perpetrators worse off—shameful and vengeful. Philosopher Wendy C. Hamblet argues that the radically polarized and oversimplified worldview that sorts the phenomena of the world into 'good guys' and 'evil others' is a framework as old as human community itself, and one that undermines people's own moral infrastructure, permitting them to take up the very acts that they would readily demonize as 'evil' in others. One's own violent responses to the human condition come to be reframed from unskillful and undesirable actions to valiant heroic reactions. In short, those who see 'evil' in others are far more likely to do 'evil,' resorting to the least skillful means for navigating difference—violence. In theory, violence is demonized as 'evil' in popular and criminological discourse and calls forth 'rebounding' like responses in the form of acts of vengeance in individuals and punitive responses in state institutions. However, punishment is itself defined as an 'evil' inflicted by a legitimate authority upon a wrongdoer in compensation for a wrong done. This leads to the conundrum that the state, as much as the vigilante, must necessarily undermine its own legitimacy by taking up the very acts that it deems as evil in its enemies and punishes in its deviant citizens. By reframing conflict positively, Hamblet introduces a new way of thinking about difference that allows the reader to appreciate (rather than tolerate) difference as a desirable feature of a multicultural, multi-religioned, multi-gendered world. This resituates the discussion of conflict such that conflict response styles can be viewed as more and less skillful means of navigating impasses in a world of differences. (shrink)

ABSTRACT:In a world filled with poverty, environmental degradation, and moral injustice, social enterprises offer a ray of hope. These organizations seek to achieve social missions through business ventures. Yet social missions and business ventures are associated with divergent goals, values, norms, and identities. Attending to them simultaneously creates tensions, competing demands, and ethical dilemmas. Effectively understanding social enterprises therefore depends on insight into the nature and management of these tensions. While existing research recognizes tensions between social missions and business ventures, (...) we lack any systematic analysis. Our paper addresses this issue. We first categorize the types of tensions that arise between social missions and business ventures, emphasizing their prevalence and variety. We then explore how four different organizational theories offer insight into these tensions, and we develop an agenda for future research. We end by arguing that a focus on social-business tensions not only expands insight into social enterprises, but also provides an opportunity for research on social enterprises to inform traditional organizational theories. Taken together, our analysis of tensions in social enterprises integrates and seeks to energize research on this expanding phenomenon. (shrink)

ABSTRACT:In a world filled with poverty, environmental degradation, and moral injustice, social enterprises offer a ray of hope. These organizations seek to achieve social missions through business ventures. Yet social missions and business ventures are associated with divergent goals, values, norms, and identities. Attending to them simultaneously creates tensions, competing demands, and ethical dilemmas. Effectively understanding social enterprises therefore depends on insight into the nature and management of these tensions. While existing research recognizes tensions between social missions and business ventures, (...) we lack any systematic analysis. Our paper addresses this issue. We first categorize the types of tensions that arise between social missions and business ventures, emphasizing their prevalence and variety. We then explore how four different organizational theories offer insight into these tensions, and we develop an agenda for future research. We end by arguing that a focus on social-business tensions not only expands insight into social enterprises, but also provides an opportunity for research on social enterprises to inform traditional organizational theories. Taken together, our analysis of tensions in social enterprises integrates and seeks to energize research on this expanding phenomenon. (shrink)