This book examines the ethics of the alternatives to war. It assesses the moral case for each of the alternative in their own right, and provides an overall assessment of the alternatives to war.

At least since Athenian trade sanctions helped to spark the Peloponnesian War, economic coercion has been a prominent tool of foreign policy. In the modern era, sovereign states and multilateral institutions have imposed economic sanctions on dictatorial regimes or would-be nuclear powers as an alternative to waging war. They have conditioned offers of aid, loans, and debt relief on recipients’ willingness to implement market and governance reforms. Such methods interfere in freedom of trade and the internal affairs of sovereign (...) states, yet are widely used as a means to advance human rights. But are they morally justifiable? -/- Drawing on human rights theories, theories of justifiable harm, and examples such as IMF lending practices and international sanctions on Russia and North Korea, Fabre offers a defense of economic statecraft in some of its guises. An empirically attuned work of philosophy, Economic Statecraft lays out a normative framework for an important tool of diplomacy. (shrink)

Abstract:Economic sanctions have been subject to extensive criticism. They are often seen as indiscriminate, intending the harms that they inflict, and using the suffering of the innocent as a means to enact policy change. Indeed, some reject outright the permissibility of economic sanctions. By contrast, in this essay, I defend the case for economic sanctions. I argue that sanctions are not necessarily morally problematic and, in doing so, argue that sanctions are less morally problematic than is often claimed. I go (...) on to argue that sanctions may sometimes be morally preferable to the leading alternatives and, in particular, to wars and doing nothing. This is in part because sanctions are more likely to distribute fairly the currently inevitable harms to innocents of tackling aggression and mass atrocities. In the final part of the essay, I draw on this point to argue more generally that that we should often favor a “Harm-Distribution Approach” in the ethics of war and peace. (shrink)

This paper is a defense of traditional compatibilism. Traditional compatibilism is, roughly, the view that free will is essential to moral responsibility, free will requires alternative possibilities of action, or alternatives for short, and moral responsibility is compatible with determinism. Traditional compatibilism is a version of the traditional theory of free will. According to the traditional theory, a person S performed an action a freely only if S could have done otherwise, that is, only if S had alternatives. The (...) traditional theory is often contrasted with the source theory: S performed a freely only if S was the source of a. One may adopt a combined view of free will that sanctions both the traditional and source theories. As I use the terms ‘source theorist’ and ‘traditional theorist,’ the former refers to folks who accept the source theory and reject the traditional theory; the latter refers to folks who accept the traditional theory whether or not they accept the source theory. (shrink)

Prior research on ethics codes has suggested, but rarely tested, the effects of code design alternatives on the impact of codes. This study considers whether the presence of explanatory rationales and descriptions of sanctions in ethics codes affects recipients'' responses to a code. Theories of organizational justice and persuasive communication support an expectation that rationales and sanctions will be positively related to code recipients'' recall of code content and perceptions of organizational justice. Content recall is an obvious precondition of code (...) compliance; justice perceptions have multiple implications for the attitudes and actions of organizational members. Results show that explanatory rationales are associated with a statistically significant increase in perceptions of organizational procedural justice, but that rationales and sanctions generally show no relationship to distributive justice perceptions and accurate content recall. These results suggest that common prescriptions regarding ethics code design are of uncertain value apart from further research which unearths the relationships among the intended and perceived purposes of codes, the organizational settings in which they are applied, and a wide variety of code designs. (shrink)

Imprisonment is often said to be the ultimate back-up sanction for offenders who do not abide by their non-custodial sentence. From a standard consequentialist perspective this is morally justified, if it is a cost-effective means to crime prevention. In contrast, the use of imprisonment as a back-up is much harder to justify from retributivist perspectives, with their emphasis on just desert or deserved censure. The crux is this: if the reason for a non-custodial sentence is that a prison sentence (...) risks being a disproportionate or inappropriate sanction, retributivists need to explain how a prison term can be warranted as the backup sanction for those who breach the requirements of their non-custodial sentence, even though their original crime wasn’t serious enough to warrant imprisonment in the first place. The aim in this paper is to critically assess the extent to which retributivists can justify the use of imprisonment as the ultimate back-up sanction. In doing so, I first examine two broad strategies that are discussed in the literature, and which retributivists could employ in order to respond to this problem. The first strategy stresses how desert has only a limited role in sentencing such that it demarcates a range of deserved punishment. On this view, associated with limiting retributivism, one could initially opt for a less harsh yet deserved punishment, leaving room for the imposition of back-up sanctions when needed. The second strategy focuses on how the act of breach is a reprehensible act that can allow for a penalty increase, and thereby lead to imprisonment. Although it is argued that both strategies fail, the paper proposes an alternative solution to this problem. (shrink)

This essay poses the question of whether grassroots organizations can provide an alternative center of authority to the state in inducing multinational corporations to incorporate human rights criteria in their investment and trade decisions. In examining the anti-apartheid movement and attempts to replicate it in the 1990s in the campaigns against corporate involvement in Burma and Nigeria, it presents a mixed picture. In each case, citizen pressures increased the costs and risks of "business as usual" with target states and (...) induced corporations either to undertake social obligations or to disengage beyond what was required by national regulations or market forces. At the same time, nonstate actors are limited by the fact that they can induce but, unlike the state, cannot command corporate behavior; their success is dependent upon state policies; and their most powerful weapon—municipal procurement power—has been predominantly a U.S. phenomenon. (shrink)

This book challenges the widespread assumption that the ethical life and society must be moral in any objective sense. In his previous works, Marks has rejected both the existence of such a morality and the need to maintain verbal, attitudinal, practical, and institutional remnants of belief in it. This book develops these ideas further, with emphasis on constructing a positive alternative. Calling it “desirism”, Marks illustrates what life and the world would be like if we lived in accordance with (...) our rational desires rather than the dictates of any actual or pretend morality, neither overlaying our desires with moral sanction nor attempting to override them with moral strictures. Hard Atheism and the Ethics of Desire also argues that atheism thereby becomes more plausible than the so-called New Atheism that attempts to give up God and yet retain morality. (shrink)

How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when such research is (...) properly accounted for, none of the current attempts to justify criminal punishment succeed. But that does not imply that the state should do nothing about criminal wrongdoing. Rather, the arguments that were supposed to justify criminal punishment actually speak in favor of an alternative approach to criminal law: restitution to the victim and restorative justice. That is to say, the state should coerce offenders to provide restitution for the harm inflicted on victims, and whenever possible restorative approaches should be taken to address criminal wrongdoing. (shrink)

Scholars have addressed restrictions on individual liberty, or deprivations thereof, that do not entail prison or jail—including area restrictions, revoking driver’s licenses, and GPS bracelets. In all legal domains, the effects of these measures on the lives of targeted individuals can be significant, primarily with respect to their capability to guide their own behavior. Some are applied categorically rather than individually, do not involve a fair trial or hearing, or are applied preventively or after the targeted individual has completed a (...) prison sentence. My aim in this article is to extend our view from prison as the quintessential method of depriving individuals of their liberty to control of individuals without locking them up. I address degrees of individual liberty and inquire into legal protections for individuals who are partially free but deprived of liberty in some areas of life. (shrink)

This is a critical study of Martha Nussbaum's Hiding from Humanity. Central to Nussbaum's book are arguments against society's or the state's using disgust and shame to forward the aims of the criminal law. Patrick Devlin's appeal to the common man's disgust to determine what acts of customary morality should be made criminal is an example of how society might use disgust to forward the aims of the criminal law. The use of so-called shaming penalties as alternative sanctions to (...) imprisonment is an example of how society might use shame for this purpose. I argue that despite Nussbaum's own view to the contrary, her arguments against such uses of disgust and shame are best understood as criticisms of programs of conservative political philosophy like Devlin's and not of the emotions themselves. (shrink)

This is a critical study of Martha Nussbaum’s Hiding from Humanity. Central to Nussbaum’s book are arguments against society’s or the state’s using disgust and shame to forward the aims of the criminal law. Patrick Devlin’s appeal to the common man’s disgust to determine what acts of customary morality should be made criminal is an example of how society might use disgust to forward the aims of the criminal law. The use of so-called shaming penalties as alternative sanctions to (...) imprisonment is an example of how society might use shame for this purpose. I argue that despite Nussbaum’s own view to the contrary, her arguments against such uses of disgust and shame are best understood as criticisms of programs of conservative political philosophy like Devlin’s and not of the emotions themselves. (shrink)

This article considers the common social act of apologising in the context of professional discipline of lawyers in Australia. It is argued that other social contexts in which an apology occurs, and the meanings generated, inform its use within this legal context. It is from the social meaning that apologies can be used as a legitimate way to gain insights into a person's ethical state of mind in disciplinary hearings. However, there are a range of difficulties, both practical and theoretical, (...) posed in importing a social symbol into a legal context. The article considers issues concerning the process of discipline, the dangers of the act becoming purely instrumental and interpretive difficulties. Finally, the nature of the entry controls applying to lawyers - the 'character test' - is itself contestable. The article argues that, despite this constraint, apologies provide a useful evidential tool to gauge a lawyer's ethical awareness without relying on assumptions about fixed personality traits. Finally, the article argues for a greater emphasis on alternative sanctioning options, such as those which require the lawyer to demonstrate his or her remorse or fulfil a promise over time. It then turns to the question of whether an (ordered) apology should be one of the available sanctions. (shrink)

The article deals with a study of a distinct criminal punishment established in the Criminal Code and the Code of Punishment Enforcement of the Republic of Lithuania—restriction of liberty, as an alternative to imprisonment. Without investigating extensively the course of development of this penalty, in the article it is sought to overview the development trends of restriction of liberty; analyse the problems of enforcing this penalty and suggest measures to eliminate them; investigate whether the legal regulation of Lithuania is (...) in line with the provisions of the main international instruments relating to non-custodial sanctions (1990 United Nations Standard Minimum Rules for Non-custodial Measures (the so-called Tokyo Rules), Recommendation R (92) 16 of the Committee of Ministers of the Council of Europe to Member States on the European rules on community sanctions and measures, Recommendation Rec (2000) 22 of the Committee of Ministers of the Council of Europe to Member States on improving the implementation of the European rules on community sanctions and measures); review the progressive legal regulation of restriction of liberty in place in individual states and provide a comparison between the national and foreign experience in relation to the penalty of restriction of liberty. In addition, the article offers guidelines for the improvement of the legal regulation and implementation of the legal institute of restriction of liberty. (shrink)

It is widely assumed that emotions are evaluative. Moreover, many authors suppose that emotions are important or valuable as evaluations. According to the currently dominant version of cognitivism, emotions are evaluative insofar as they make us aware of value properties of their intentional objects. In attributing to emotions an epistemic role, this view conceives of them as epistemically valuable. In this paper, I argue that proponents of this account mischaracterize the evaluative character of emotions and, a fortiori, their value. Moreover, (...) I propose an alternative view of emotional evaluation, according to which emotions are practically rather than epistemically important. As I argue, emotions are ways of acknowledging their intentional objects as (dis)valuable. As such, they do not apprehend values but make them count. I elaborate this idea by drawing an analogy with legal and political sanctions. The resulting view has it that emotions are practically important in that they affirm the cares and concerns which serve as standards of emotional evaluation. (shrink)

In this paper, I discuss the problems of ``order in social situations'' using a computer simulation of iterated N -person prisoners' dilemma game. It has been claimed that, in the case of the 2 -person prisoners' dilemma, repetition of games and the reciprocal use of the ``tit-for-tat'' strategy promote the possibility of cooperation. However, in cases of N -person prisoners' dilemma where N is greater than 2, the logic does not work effectively. The most essential problem is so called ``sanctioning (...) problems''. In this paper, firstly, I discuss the ``sanctioning problems'' which were introduced by Axelrod and Keohane in 1986. Based on the model formalized by Axelrod, I propose a new model, in which I added a mechanism of players' payoff changes in the Axelrod's model. I call this mechanism norm-internalization and call our model `` norm-internalization game ''. Second, by using the model, I investigated the relationship between agents' norm-internalization (payoff-alternation) and the possibilities of cooperation. The results of computer simulation indicated that unequal distribution of cooperating norm and uniform distribution of sanctioning norm are more effective in establishing cooperation. I discuss the mathematical features and the implications of the results on social science. (shrink)

This article analyses one of the variations of classic mediation,64 which is mandatory mediation. In foreign countries mandatory mediation is often used as a tool to encourage the use of mediation and to popularize this method of alternative civil dispute resolution. Started in 2005, mediation faces difficulties in Lithuania. Thus, making mediation mandatory at least in certain categories of disputes could give new impetus to the development of mediation in Lithuania. Therefore, the article deals with the concept of mandatory (...) mediation, analyses experience of foreign countries in the field of mandatory mediation, deals with practical problems while implementing mandatory mediation and presents a review of arguments for and against mandatory mediation. On the basis of a study performed, the author of the article submits proposals for the introduction of mandatory mediation in the Lithuanian legal system. In this article mandatory mediation is defined as a form of mediation where the parties are directed to use mediation by judge or by law. Mandatory mediation can also be imposed on the parties by procedural and economic sanctions against parties for the unjustified refusal to use mediation. In all cases, the main condition for the application of mandatory mediation is the right of the parties to the dispute to go to court. Under this condition, mandatory mediation for its expected social and economic benefits is not considered to be an obstacle to access justice. The practice of foreign countries that implemented mandatory mediation shows that drastic imposition of mandatory mediation naturally induces rejection. Thus, consistent, systematic, based on the results of the interim analysis of the gradual introduction of mandatory mediation, starting with certain categories of disputes particularly susceptible to the effects of mediation is necessary. The author of the article proposes to promote mediation in Lithuania by introducing mandatory mediation for at least certain categories of disputes. The introduction of mandatory mediation in Lithuania could be started from the family disputes including interests of children. At a later stage it is possible to decide on the feasibility of application of the mandatory mediation for other categories of disputes, as well (e.g., labour, small sum property disputes, disputes between relatives and neighbours, etc.). In order to encourage not only the parties to use mediation, but also judges to direct parties to mediation, it would be appropriate to introduce mandatory mediation by the law (the Civil Procedure Code of the Republic of Lithuania) that would have an exemption provision to allow a party to petition the court for good cause to be exempt from the referral to mediation. (shrink)

Ontic structural realism is a thesis of fundamentality metaphysics: the thesis that structure, not objects, has fundamental status. Claimed as the metaphysic most befitting of modern physics, OSR first emerged as an entreaty to eliminate objects from the metaphysics of fundamental physics. Such elimination was urged by Steven French and James Ladyman on the grounds that only it could resolve the ‘underdetermination of metaphysics by physics’ that they claimed reduced any putative objectual commitment to a merely ‘ersatz’ form of realism. (...) Few, however, have joined French and Ladyman either in acknowledging that such underdetermination exists or in attributing to it such drastic consequences. However, an alternative view that physics does sanction objects, albeit merely as ontologically secondary entities, represents a different and seemingly less extreme route to the same conclusion regarding the fundamentality of structure. But since what it means to be ‘ontologically prior’ is itself a vexed philosophical question, a stance must be taken as to how we are to understand priority before its prospects may be evaluated. In an earlier paper, I outlined how Fine’s notion of ontological dependence might be utilized to defend the priority-based approach to structuralism. Since then, however, I have become convinced that that ontological dependence is not a relation of priority after all. As a result, the arguments outlined in that paper stand in need of reassessment. In this work, I consider the prospects for priority-based structuralism when expressed in the idiom of determination. My conclusion will be that it has yet to be vindicated by our best physical theories, owing to the failure of symmetry structures to determine the world’s inventory of fundamental kinds. Nevertheless, the same symmetry considerations point towards there being renewed prospects for eliminativism—an eliminativism, moreover, of more naturalistic appeal than that hitherto associated with OSR. 1Introduction 2Structuralist Strategies 3Defining Ontological Priority: Dependence or Determination? 4Structuralism in the Idiom of Determination 4.1Determining plurality 4.2Determining kind properties 5A Reinvigorated Eliminativism. (shrink)

This paper considers electronic monitoring (EM) a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. However, little has been said about EM from an ethical perspective. To evaluate EM from an ethical perspective, six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development.

Much of the commentary in the wake of the Charlie Gard litigation was aimed at apparent shortcomings of the law. These include concerns about the perceived inability of the law to consider resourcing issues, the vagueness of the best interests test and the delays and costs of having disputes about potentially life-sustaining medical treatment resolved by the courts. These concerns are perennial ones that arise in response to difficult cases. Despite their persistence, we argue that many of these criticisms are (...) unfounded. The first part of this paper sets out the basic legal framework that operates when parents seek potentially life-sustaining treatment that doctors believe is against a child’s best interests, and describes the criticisms of that framework. The second part of the paper suggests an alternative approach that would give decision-making power to parents, and remove doctors’ ability to unilaterally withhold or withdraw life-sustaining treatment that they regard is futile. This proposal is grounded in several values that we argue should guide these regulatory choices. We also contend that the best interests test is justifiable and since the courts show no sign of departing from it, the focus should be on how to better elucidate the underlying values driving decisions. We discuss the advantages of our proposed approach and how it would address some of the criticisms aimed at the law. Finally, we defend the current role that the judiciary plays, as an independent state-sanctioned process with a precedent-setting function. (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view (...) per se face significant independent moral objections. Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular preventive detention, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s, taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health -quarantine model—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own. (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view (...) per se face significant independent moral objections (Pereboom 2014: 153). Despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular incapacitation, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s (2001, 2013, 2014), taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health-quarantine model (Caruso 2016, 2017a)—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own since it prioritizes prevention and social justice. -/- In Section 1, I begin by (very) briefly summarizing my arguments against free will and basic desert moral responsibility. In Section 2, I then introduce and defend my public health-quarantine model, which is a non-retributive alternative to criminal punishment that prioritizes prevention and social justice. In Sections 3 and 4, I take up and respond to two general objections to the public health-quarantine model. Since objections by Michael Corrado (2016), John Lemos (2016), Saul Smilanksy (2011, 2017), and Victor Tadros (2017) have been addressed in detail elsewhere (see Pereboom 2017a; Pereboom and Caruso 2018), I will here focus on objections that have not yet been addressed. In particular, I will respond to concerns about proportionality, human dignity, and victims’ rights. I will argue that each of these concerns can be met and that in the end the public health-quarantine model offers a superior alternative to retributive punishment and other non-retributive accounts. (shrink)

Aim: To explore whether the phrasing of the questions and the response alternatives would influence the answers to questions about legalisation of euthanasia.Methods: Results were compared from two different surveys in populations with similar characteristics. The alternatives “positive”, “negative”, and “don’t know” were replaced with an explanatory text, “no legal sanction”, four types of legal sanctions, and no possibility to answer “don’t know” . Four undergraduate student groups answered.Results: In the first questionnaire 43% accepted euthanasia , 14% did not, (...) and 43% answered “don’t know”. Two per cent of the respondents declined to answer. In comparison with previous surveys on attitudes to euthanasia the proportion of “don’t know” was large. The results of the second questionnaire , showed that 38% favoured “no legal prosecution” . However, 62% opted for different kinds of legal sanctions, and two of four groups expressed significantly different views in the two surveys. A proportion of 10% declined to answer the second questionnaire.Conclusion: An introduction of an explanatory text and a wider range of response alternatives produced differences between the results of the two surveys conducted. (shrink)

Evolutionary attempts to explain morality tend to say very little about what morality is. If evolutionary game theory aspires not merely to solve the ‘problem of altruism', but to explain human morality or justice in particular, it requires an appropriate conception of that subject matter. This paper argues that one plausible conception of morality (a sanction-based conception) creates some important constraints on the kinds of evolutionary explanations that can shed light on morality. Game theoretic approaches must either meet these (...) constraints, or defend an alternative conception of morality. Skyrms’ model of the evolution of justice is found to violate the constraints imposed by the sanction-based conception. (shrink)

An increasingly long line of high-profile scientific misconduct cases raises the question of whether regulatory policy ought to incorporate more rigorous sanctions for investigators and their institutions. Broad and Wade graphically describe these cases through the early 1980s. They continue to recent times with the cases of Evan Dreyer, Kimon Angelides and Robert Liburdy, Justin Radolf, and others. In addition, recent Congressional investigation into conflict of interest concerns surrounding consulting by National Institutes of Health scientists has raised further questions about (...) ethical standards. The record of continuing scandal suggests that current policy may not be optimal for controlling scientific misconduct. Would an alternative policy better minimize its incidence and associated costs?What should we expect of public policy governing misconduct by American scientists? Surely the public has a right to presume that its tax money is being spent wisely and that any economic rewards from taxpayer funded research are used prudently and in the public interest. (shrink)

A theory of occurrent factual memory is sketched out. The theory represents an alterative to the traditional theory in John L. Pollock’s Knowledge and Justification, in that it analyzes occurrently remembering that p without employing the notion of ostensible recollection that p. The latter notion, it is argued, can be understood in terms of occurrently believing (or being inclined to believe) that p. In defending his theory against nontraditional alternatives, Pollock employs arguments that conflict with his own principle of implicit (...) reasons. That principle, it is shown, sanctions cross-temporal justification of the sort presupposed by the alternative nontraditional theory. [CORRIGENDUM: Line 6 at the top of page 137 should read: memory, then if S occurrently remembers that p at t, then S, at t, has a justified (occurrent) belief that p such that (a) this belief that p constitutes, at t, S’s In lines 7–9 at the top of page 140, the sentence beginning with “For” and ending with “way” should be deleted, and in line 11 “fact” should be “face”.] . (shrink)

One of the distinctions that Plato in the Laws stresses most heavily in his discussion of the proper relation between the individual citizen and the laws of the city is that between persuasion and compulsion. Law, Plato believes, should try to persuade rather than compel the citizens. Near the end of the fourth book of the Laws, the Athenian Stranger, Plato's spokesman in this dialogue, asks whether the lawgiver for their new city of Magnesia should in making laws ‘explain straightaway (...) what must and must not be done, add the threat of a penalty, and turn to another law, without adding a single bit of encouragement or persuasion [παραμυθας δ κα πειθος … ν] to his legislative edicts’ . A few lines later, the Athenian Stranger himself condemns such a procedure as ‘the worse and more savage alternative’ . The better method is for the laws themselves to try to persuade the citizens to act in the manner that they prescribe. And as a means of doing this, Plato proposes attaching preludes to particular laws and to the legal code as a whole: such preludes will supplement the sanctions attached to the laws and will aim at persuading the citizens to act in the way that the laws direct for reasons other than fear of the penalties attached to the law. Such a practice, Plato believes, is an innovation: it is something that no lawgiver has ever thought of doing before . And we have no reason to think that Plato is here excluding his earlier self, e.g. the Plato of the Republic and the Politicus, from this criticism. (shrink)

What should the EU do about the fact that some Member States are backsliding on their commitments to democracy, supposedly a fundamental value of the EU? The Treaty provisions under Article 7 TEU are widely criticized for being ineffective in preventing such developments. Are they legitimate? I argue that the ultimate sanction of Article 7 TEU falls into a performative contradiction, which undermines its ability to coherently defend fundamental values. Instead, expulsion from the EU is the appropriate, coherent and (...) legitimate final political sanction for democratic and rule of law backsliding by a Member State. The argument has the following steps: In Part 1, I argue that the current Article 7 framework for responding to democratic and rule of law backsliding in the EU is normatively problematic, in that the mechanism currently in the Treaty undermines the values it purports to defend; in other words, it falls into a performative contradiction. It is undemocratic to deprive Member States of their right to vote in the Council while holding them subject to Council decisions. However, Part 2 studies relevant philosophical arguments from an adjacent literature on criminal disenfranchisement, concluding that allowing backsliding Member States to keep their voting rights in the Council _also_ taints the democratic character of Council decision-making. In Part 3, I consider the resulting paradox in light of the literature on militant democracy. Could militant democracy justify Article 7? I argue not; even if we accept the hypothetical justifiability of militant measures, they are not legitimate here since a democratically acceptable alternative exists that would safeguard the democratic character and legitimacy of Council decision-making: expulsion from the Union. I also address a central objection to an expulsion mechanism—that it would require treaty change and is therefore practically impossible. (shrink)

This study investigated the factorial validity of the 58-item Corporate Ethical Virtues scale :923–947, 2008). The major aim was to test the invariance of the factor structure across different organizational samples. The CEV scale was designed to measure eight corporate virtues: clarity, congruency of supervisors, congruency of senior management, feasibility, supportability, transparency, discussability, and sanctionability. The data consisted of four organizational samples that are operated in the private and public sector. The results of confirmatory factor analyses supported the hypothesized eight-factor (...) structure, as well as its alternative second-order factor structure, where high correlations between the first-order factors were explained by a general CEV factor. These factor structures remained the same across samples, lending strong support for the group invariance assumption of the scale. Thus, the 58-item CEV scale was found to be a valid tool for measuring the aspect of ethical organizational culture in different organizations, and its use can be recommended for future research. (shrink)

In Hungarian public talk, ‘hate speech’ is a term commonly used to morally sanction the talk of others. The article describes two dominant interpretive strategies Hungarian speakers use to identify instances of ‘hate speech’. Motivated by an interest in the observable use of the term, the author draws on speech codes theory to investigate how public speakers use the two competing meanings of ‘hate speech’ to achieve moral challenges and counter-challenges in broadcast talk. The author finds that Hungarian speakers (...) accused of ‘hate speech’ can effectively accomplish denials in response to actual or anticipated normative challenges by opting for an alternative meaning of ‘hate speech’. The article concludes with a discussion of implications for speech codes theory, the discourse analysis of denials, and antiracist action. (shrink)

In this paper the use value of qualitative research findings to nurses in practice is questioned. More precisely it is argued that, insofar as action follows belief then, in all but the rarest of cases, the beliefs that nurses in practice can justifiably derive from or form on the basis of qualitative research findings do not sanction action in the world and the assumption, apparently widely held, that qualitative research can as evidence productively inform practice collapses. If qualitative research (...) does not have a substantive action guiding potential then, in consequence, three conclusions are permitted. First, regarding the requirement that nurses ground actions on evidence, regulators should redraft methodologically neutral or permissive guidelines to specify the sorts of research evidence that can serve this function. Second, qualitative methodologies should receive less prominence in nurse education programmes. Third, qualitative researchers should make it clear that their work cannot inform practice. Alternatively, if this claim is advanced the process by which this is to be achieved should be explicitly stated. (shrink)

ABSTRACT Public discourse under authoritarian rule is not monolithic. Yet how popular rhetoric engages with the hegemonic rhetoric in the same discursive space remains understudied. This article examines the rhetoric of a standup comedy show in China, streamed online and widely popular among Chinese millennials, to understand how alternative views on social issues can coexist with the hegemonic rhetoric. Using critical discourse analysis, it argues that some standup comedy performances transgress the hegemonic rhetoric of 'positive energy' without outright subversion. (...) Comedians use subversive affirmation, self-deprecation, ambiguity, absurd fantasy, and irony to present alternative viewpoints on social issues of broad interest, such as the neoliberal work culture and gender norms. The subtle yet powerful transgressions introduce previously marginal views into the public discourse, diminishing the aura of wide acceptance and authority assumed by the hegemonic rhetoric. The standup comedy performances thus open up new discursive pathways towards non-state-sanctioned views on important social issues. (shrink)

As the prospects for a negotiated two-state solution to the Israeli–Palestinian conflict have dwindled, Jewish scholars in the United States have increasingly invoked the concept of diaspora to counter a purported Jewish consensus regarding Zionism. In this essay, I critique prominent exponents of this approach from a diasporic standpoint. My concern is not that Butler and the Boyarins attack Israel publicly, endorse a binational solution to the Israeli–Palestinian conflict, and/or support the movement for Boycott, Divestment, and Sanctions—rather, it is that (...) they lack a compelling vision for diasporic politics. Their visions prove wanting because they contest Zionism on the terrain of Jewish identity. To loosen Zionism’s hold, Butler and the Boyarins recover alternative approaches to the attainment or grounding of Jewish identity. Yet when framed as an ethic of particular identity, diasporic thinking can neither rebut Zionism’s political arguments, nor can it develop alternative models of Jewish self-rule. Instead of theorizing Jewish identity, I argue, diasporic thinkers should envision Jewish political solidarity beyond the confines of the nation-state. (shrink)

The situation in Soviet philosophy has changed radically in the course of the last 4 years. Gone is the attitude according to which philosophers fall into two camps; genuine developments are discernible in the direction of alternative thinking. Signs of the latter include the growing number of round-table discussions published in the main philosophical journals, the conversations among philosophers broadcast on television, the new textbook, with its stress on the history of philosophy, including a new look at the classics, (...) especially Marx. In general, Marxist-Leninist doctrine is now relativized to the status of a moment in the history of philosophy, and is no longer regarded as the culmination of philosophical truth.The main questions occupying philosophers today cluster around the nature of the person: individual freedom, democracy, universal values, as well as the central importance of law in civil society and a legally sanctioned State. The revival of interest in Russian religious philosophy has to be approached with care as it involves several dimensions: the question of Russia''s spiritual character as compared with the West, the confrontation with the heretofore reigning materialist view of the world in relation to the vexed question of human creativity, as well as the religious affirmation of the unity of humanity in opposition to the Marxist conception of difference and struggle. The situation in Soviet philosophy is still ambiguous so long as ideological attitudes persist which could hinder the development of autonomous philosophical thought. (shrink)

Does the desirability of social institutions for public goods provision depend on the extent to which they include mechanisms for endogenous enforcement of cooperative behavior? We consider alternative institutions that vary the use of direct punishments to promote social cooperation. In one institution, subjects participate in a public goods experiment in which an initial stage of voluntary contribution is followed by a second stage of voluntary, costly sanctioning. Another institution consists of the voluntary contribution stage only, with no subsequent (...) opportunity to sanction. In a third stage subjects vote for which institution they prefer for future interactions: do they prefer one that does allow sanctions or one that does not allow sanctions? Our results show that even though sanctions are frequently used when available, the clear majority of individuals vote for the institution that does not allow sanctions. Thus, a distinction is required between the principles that guide the choice of institutions and the principles that apply to actions guided by institutions. Our results indicate that it is the wealth generated by the institution that determines its desirability. (shrink)

In the Anglo-American cultural sphere, the growing awareness of global warming and ecocide has coincided with the proliferation of a much discussed, post-apocalyptic imaginary that transports us to uninhabitable planetary futures. These “fictions,” as E. Ann Kaplan notes in a discussion of their mobilising potential, act as “memories for the future” which make us “identify with future selves struggling to survive.” This article turns to Günther Anders’s notion of “apocalypse-blindness” (1956) and Cormac McCarthy’s The Road to set out an (...) class='Hi'>alternative way of understanding the powerfully sentimental force such images of doom convey. While seemingly turning our gaze to the future and onto the devastating impact of consumerist lifestyles, I argue that this doom-ridden imaginary also entails a sentimentalisation of our own “inability to feel” and be sufficiently affected by the reality we know ourselves to be contributing to. As such, it bears witness to the trauma of “not being able to adequately feel” what one already knows. By revisiting The Road, a text that occupies a central role in discussions of the potentials and cathartic pitfalls of post-apocalyptic fiction, I suggest that its political potential lies in this confrontation with the limits of feeling. And the politics it opens onto does not hinge on images on ruin, but on a yearning for a socially sanctioned right to feel and express the fear representations only seem able to convey in an inadequate, anaesthetic manner. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 295-313 [Access article in PDF] The Ecology of Victorian Fiction Joseph Carroll I In the past ten years or so, ecological literary criticism--that is, criticism concentrating on the relationship between literature and the natural environment--has become one of the fastest-growing areas in literary study. Ecocritics now have their own professional association, their own academic journal, and an impressive bibliography of scholarly studies. Ecocritical scholars (...) divide their attention between "nature writing" and ecological themes within all literature. In other words, some scholars write on Thoreau, John Muir, Aldo Leopold, and Annie Dillard; others write on topics such as the representation of nature in romantic poetry, the American West as a symbol, metaphors of landscape, or Dante's Inferno as a polluted ecosystem. Ecocritics have a distinct subject matter, and they share in a certain broad set of attitudes, values, and public policy concerns, but they do not yet have a firmly established framework of commonly accepted theoretical principles. In the absence of any overarching theory, ecocritics have usually sought to incorporate their ecological subject matter within other, already established theoretical schools: feminism, Bakhtin's dialogism, Lacanian psychoanalysis, or English romantic and American transcendentalist, idealist philosophy. Most commonly, ecocritics have affiliated themselves with the standard contemporary blend of Foucauldian ideological criticism--a blend that is vaguely Marxist and Freudian, generally radical, and strongly tinctured with deconstructive irrationalism and textualism. 1Given its specialized themes and topics and its ready affiliation with the standard theoretical blend, ecocriticism might seem little more than a special topic area within the general field of contemporary [End Page 295] literary study. But ecocritics do not see their approach that way. They share in a feeling of being at the forefront of critical response to an urgent practical problem of world-historical magnitude: the prospect of irreversible environmental devastation. They thus have a strong sense of a political mission, and they often feel that the urgency of their environmental concerns should sanction realigning the canon to give much greater prominence to nature writers and to the study of ecological themes. In their view, the natural world claims a special status as the ultimate ground and frame of all existence. It is an object of peculiar veneration and of primary experiential importance.The special conceptual status of ecology as a theme and a topic necessarily raises a question about its theoretical import. If the subject of ecocriticism is the relation of literature and the natural world, and if this relation is more important and more elemental than any other concern, does it not follow that ecocriticism should identify itself as a matrix for all literary study? To put the question operationally, in what way could ecology, as a subject matter and a concept, generate a theory of literature? Since the relation between organisms and natural environments is a necessary precondition of all experience, one could reasonably argue that the special topic of ecocriticism is more elemental than the topics of feminism, Marxism, or any other form of political criticism, and that the basic physical conditions of organic life take conceptual precedence over semiotics and theories of "culture" and "discourse."I shall argue that ecology cannot by itself generate a theory of literature or serve as the basis for a theory of literature, but I shall also argue that responsiveness to the sense of place is an elemental component of the evolved human psyche and that it thus can and should be integrated into a Darwinian literary theory. E. O. Wilson's notion of "biophilia" provides a Darwinian alternative to the ecological transcendentalism of "deep ecology," and the evolutionary epistemology of Konrad Lorenz provides a Darwinian rationale for locating the human psyche within its physical world. In constructing a bridge between the evolutionary epistemology of Lorenz and the idea of place within verbal narrative, I shall make use of a new branch of Darwinian aesthetics, Joseph Anderson's "ecological" version of "cognitive film theory."In order to illustrate the ways in which setting can be integrated into a Darwinian literary criticism, in the latter part of the essay... (shrink)

The Moral Dilemmas of Fighting Terrorism and Guerrilla Groups discusses the most important ethical dilemmas associated with the fight against terrorist organizations and guerilla groups by providing readers with a rigorous, yet accessible analysis of how these forms of violence can be justified and how they ought to be fought by entities targeted by groups resorting to these strategies. It will be valuable to anyone interested in understanding the main ethical questions associated with these forms of political violence and the (...) way they can be addressed. After providing conceptual clarifications that will allow the reader to distinguish between terrorism and guerrilla warfare, it explains and discusses what the criteria are that can justify resorting to lethal violence on the part of the latter group as well as the criteria that can determine the identity of those who can legitimately be targeted by these groups. The book analyzes when terrorists ought to be targeted and how this can be done, focusing on the inherent problems associated with the solutions that are normally used against state actors in order to prevent attacks on their part, namely what can be coined as “non-violent alternatives to war”, such as economic or diplomatic sanctions, arm embargoes and non-violent resistance and, on the other hand, preemptive attacks. (shrink)

In this book, Hannes Charen presents an alternative examination of kinship structures in political theory. Employing a radically transdisciplinary approach, On the Politics of Kinship is structured in a series of six theoretical vignettes or frames. Each chapter frames a figure, aspect, or relational context of the family or kinship. Some chapters are focused on a critique of the family as a state-sanctioned institution, while others cautiously attempt to recast kinship in a way to reimagine mutual obligation through the (...) generation of kinship practices understood as a perpetually evolving set of relational responses to finitude. In doing so, Charen considers the ways in which kinship is a plastic social response to embodied exposure, both concealed and made more evident in the bloated, feeble, and broken individualities and nationalities that seem to dominate our social and political landscape today. On the Politics of Kinship will be of interest to political theorists, feminists, anthropologists, and social scientists in general. (shrink)

The conception of the doctor–patient relationship under Australian law has followed British common law tradition whereby the relationship is founded in a contractual exchange. By contrast, this article presents a rationale and framework for an alternative model—a “Trust Model”—for implementation into law to more accurately reflect the contemporary therapeutic dynamic. The framework has four elements: an assumption that professional conflicts with patient safety, motivated by financial or personal interests, should be avoided; an onus on doctors to disclose these conflicts; (...) a proposed mechanism to contend with instances where doctors choose not to disclose; and sanctions for non-compliance with the regime. (shrink)

This licentiate thesis consists of three essays which all concern the ethics of imprisonment and what constitutes an ethically defensible treatment of criminal offenders. Paper 1 defends the claim that prisoners have a right to privacy. I argue that the right to privacy is important because of its connection to moral agency. For that reasons is the protection of inmates’ right to privacy also warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications (...) of this argument. Ultimately I argue the invasion of privacy should be minimized to the greatest extent possible without compromising other important values and rights to safety and security. In defending this position, I argue that respect for inmates’ privacy should be part of the objective of creating and upholding a secure environment to better effect in the long run. Paper 2 discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological, and it is argued that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, imprisonment should give rise to special moral obligations towards families of prisoners. Using the notion of residual obligation, these obligations are defended, categorized and clarified. Paper 3 evaluates electronic monitoring from an ethical perspective and discusses whether it could be a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. EM evaluated from an ethical perspective as six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development. (shrink)

ABSTRACT This article focuses on issues of gender identity and bodily integrity in the context of profound desires to modify the body. It contends that, while hormonal and surgical interventions in treating gender dysphoria must continue to be considered medically necessary for many people, we do not yet fully understand why it is justified as medically necessary for this condition and not for others with similar features. The article discusses the difference between the medical classification of “gender dysphoria” and “body (...) dysmorphic disorder” and the notion of mental distress in embodiment. It discusses the role that gender essentialism may have played in the medical sanction of hormonal interventions and gender reassignment surgeries. Finally, it proffers the alternative justificatory criterion, following Eve Kosofsky Sedgwick, of “propriodescriptive authority” and explains why this justification, though highly subjective, provides better rational grounds for adjudicating which types of body modification can be considered medically necessary, grounds that can include, but also go well beyond, cases of gender dysphoria. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Refuting Fichte with "Common Sense":Friedrich Immanuel Niethammer's Reception of the Wissenschaftslehre 1794/5Richard Fincham, Assistant Professor of philosophyEven a cursory comparison of Fichte's first published version of the Wissenschaftslehre of 1794/5 with Kant's critical works reveals a striking methodological difference.1 For, whereas Kant begins with the conditioned and ascends to the subjective foundations of its conditioning, Fichte immediately begins—in Hegel's words, "like a shot from a pistol"2 —from an unconditioned (...) subjective foundation. It may thus be said that Kant's method is "analytic," whereas Fichte's is "synthetic." For, in the Wolffian terminology of the time, the analytic method names a movement "from... consequences to their grounds," whereas the synthetic method names a movement "from grounds to their consequences."3 Kant himself employs these terms to describe the same distinction. However, he clearly believes that the analytic method is the correct procedure of all philosophy, whereas the synthetic method describes the correct procedure of mathematics.4 Therefore, it appears that Fichte's method is not only different from Kant's, but is also one that [End Page 301] Kant would not sanction. It therefore seems fruitful to consider both why Fichte has made this methodological "shift," as well as whether it is justifiable. Whereas there are no shortages of responses to this first consideration, responses to the second consideration are—at least within English-language scholarship—almost entirely lacking.5The aim of this study is to address this second consideration. In this context, the writings of an almost entirely overlooked contemporary of Fichte, Friedrich Immanuel Niethammer, will be discussed. Niethammer was professor of theology and philosophy at the University of Jena at the same time as Fichte and whilst he was initially highly supportive of Fichte and his Kritik aller Offenbarung,6 he did not share the same enthusiasm for the Wissenschaftslehre 1794/5. As early as October 1794, Niethammer thus writes that Fichte's "system of the I and not-I... appears to me to be invalid [nichtig] in every respect."7 The following year, he established the Philosophisches Journal einer Gesellschaft Teutscher Gelehrten, the initial aim of which has been interpreted as being to promote an alternative program of transcendental philosophy to that of Fichte.8 As his own writings within the first issue of the journal make clear, what is at issue for Niethammer is precisely the Wissenschaftslehre's procedure of beginning with the unconditioned.9 Niethammer instead argues that philosophy should begin with what he calls "common sense" (gemeinen Verstand). His appeal to common sense should however not be understood as identical to the kind of uncritical "appeal to common sense" (gemeinen Menschenverstand) of the British philosophers, Reid and Priestly, which Kant castigates in the Prolegomena.10 For "common sense," for Niethammer, can in no way act as the sole criterion for philosophical truth. Rather, "common sense" denotes a body of synthetic propositions that we pre-reflectively "feel" to be necessarily and universally valid, but which require "scientific" philosophy to prove their objective validity. Niethammer thus interprets Kant's critical philosophy as an endeavour to prove the objective validity of these "demands of common sense." Niethammer's point is that in constructing such a proof, philosophy must begin [End Page 302] with these common sense convictions, in order then—like Kant—to ascend analytically to conditions providing proof of their objective validity. For, as far as Niethammer is concerned, a philosophical system that utilises a synthetic method, and thus effectively "suspends" these convictions until their validity can be rigorously deduced from an unconditioned foundation, produces results that can never be acceptable to common sense and can thus never be valid. The case for rehabilitating this somewhat forgotten figure rests, however, not only upon the fact that his writings provide a fertile source of reflections concerning the legitimacy of the shift towards a synthetic method, but also upon the fact that it has been plausibly suggested that his writings influenced the thought of the Early-Romantics, Hölderlin and Novalis.11However, a further question arises in the course of reflecting upon the history of Niethammer's Philosophisches Journal. For although it ran for several... (shrink)

Utilitarianism has been widely accused of inadequately treating the problem of human rights. One main criticism has been, that it could not account for acceptable institutions of legal punishment. Though the utilitarian position seems to be untenable it contains some sound points - above all its consequentialist metaethics. The central weakness of “rightbased” justifications of the criminal sanction on the other hand seems to be that they do not give due place to the consequences of alternative institutional settings. (...) But it seems to be possible to establish a right-based and consequentialist moral theory of legal punishment leading to an acceptable practice of punishment - though not necessarily the one we are acquainted with. (shrink)

This article attends to the intimate contradictions that differentially shape and limit caring capacities and relations in a violent world, and the embodied ethical and political transformations at the heart of learning to care otherwise. From manifestos calling for ‘universal care’ in defiance of the state-sanctioned horrors of the pandemic era, to the abolitionist politics of care developed by BLM organizers through movement building and healing, and the proliferation of mutual-aid infrastructures to meet needs and distribute resources in the face (...) of overwhelming crisis and neglect—these examples and so many others illustrate with undeniable clarity that radical care is finally on the agenda. In what follows, I hope to contribute to this urgent conversation by pointing to how care is shaped in fundamentally contradictory ways under conditions of entrenched structural violence, and the limitations of normative frameworks when confronting this reality. To unambiguously valorize care in ethical and political life is to risk occluding the constitutive violence of existing social structures and norms, its impact on the intimacies of caring relations, and ultimately the ways that communities mobilize alternate economies and practices of care towards healing and social change. While it is crucial to value care and work for a more caring society, I claim that efforts to transform patterns of relational harm and develop new sensibilities should also be highlighted as integral components of radical caring praxis. (shrink)

In this paper, I examine alternative feminist activism and social movements in Egypt by analyzing BuSSy. BuSSy is a performance art group that hosts storytelling workshops and monologues of taboo and “shameful” personal stories that challenge societal and state-sanctioned normative discourses on femininity/womanhood and masculinity/manhood. Drawing on transnational feminist scholarship and queer theory and using collective memory as a lens, I argue that BuSSy’s storytelling is an act of airing Egypt’s dirty laundry, queering normative discourses to enable feminist counter-memorializing. (...) Based on content analysis of secondary data including BuSSy’s published interviews, YouTube videos, website and Facebook images, and testimonies from 2006 to 2020, my analysis reveals BuSSy as curating an “archive of feelings” centralizing gendered narratives of shame. I examine how BuSSy’s affectively contagious storytelling leads to feminist social change by empowering storytellers and listeners. BuSSy’s works create cathartic experiences to shed stigma and shame. Finally, I reconceptualize feminist activism and collective memories outside of the 2011 Egyptian revolution and contribute to the literature on shame by analyzing how BuSSy identifies and counters shame’s silencing power. (shrink)

The idea that humans are clearly distinguished from other animals and from the natural world in general is a cornerstone of European philosophy and culture at least from the sixteenth century onward. Often, this idea is related to understandings of ‘humanism’ that emerged in that period and legitimized regimes of power and control over non-European cultures; it also sanctioned the exploitation of the natural world in the form of extractive capitalism. Critiques of Eurocentric mindsets hinge on certain understandings of ‘humanism,’ (...) arguing for a transformation or even abandoning of humanist traditions in the sense of ‘posthumanism’ or ‘critical posthumanities.’ In their selective interpretation of European humanism—exemplified with Immanuel Kant’s philosophy—the current critique shows elements of an Occidentalist construction of humanism. If we want to overcome the idea that humans—and within that group particularly the white, male, educated Europeans—are the ‘masters of the world,’ we are confronted with conceptual challenges that need philosophical and theoretical reflection. The ontological and epistemological implications of non-anthropocentric ways of thinking and knowing provide a clear alternative to some problematic aspects of European philosophy and humanism. Engaging with new interpretations of other-than-human agency, relational understandings of animism, and intra-active production of knowledge can provide a relevant contribution to the ongoing discussion across intellectual, cultural, and political fields, an approach that takes the specificity of human animals seriously without identifying them as the center of knowledge and power. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Problems with a Weakly Pluralist Approach to Democratic EducationSheron Fraser-BurgessIntroductionPluralism embodies wide acknowledgement of various forms of difference. Appeals to pluralism involve arguments for the proliferating of differences as a social and moral ideal. Rather than being a formal political regime such as with democracy or social liberalism, in the extant political philosophy literature, pluralism brings considerations of diversity and equality to bear in philosophical analysis of traditional systems (...) of government.As a critique, pluralism falls along a continuum, which can be conceived of as iterations of the standing of particular ways of life, with respect to constraints of both equality and justice. At one end of the spectrum, all conceptions of the human good share a prima facie equality that belie overarching moral norms as a criterion of ranking. Questions about the incumbency of individual liberty motivate movement toward the opposing end, as allowing for the most just society warrants giving precedence to such values. The source of pluralism’s critical role is its inherent demand of a cogent resolution of the moral and, at times, political tension between equality and freedom.This article considers two forms of pluralism that lie near opposing extremes of the continuum and their implication for education. According to Horace Kallen’s and John Gray’s strong pluralism, the claim to the fact of differing values, cultures, etc., has primacy. As a corollary, maintaining the integrity of the social groups as holders of those values becomes central. In conflict with liberal democratic principles, however, protecting group values may occur at the expense of individual detractors within the group or may pose a threat of harm to others outside of the group who do not share these values.On the other hand, one form of weak pluralism, Amy Gutmann’s deliberative democracy, constrains pluralism on political grounds of individual [End Page 1] freedom. Deliberative democracy subsumes the holding of all values, including those shared with a social group, to the requirements of democracy. Both theories are considered as attempts to reconcile principles of treating everyone equally with not unjustly limiting individual freedom in a democracy. I raise principled and practical issues from education that call into question whether each theory satisfactorily resolves the conflicting demands of both equality and liberty. A third alternative is proposed as a salient consideration for democratic education. I begin with the pluralism of Horace Kallen and its relationship to that of John Gray.Strong PluralismHorace Kallen’s Cultural PluralismIn this section, I discuss Horace Kallen’s seminal account of cultural pluralism from the early twentieth century, classifying it with the strong value pluralism articulated by John Gray. Gray’s and Kallen’s pluralism have in common both the sanctioning of the fullest expression of difference and difficulties with making sense of the intuitive pull toward a criterion for the ranking of values that democracy dictates. I then consider the educational implications of Kallen’s view, particularly with respect to its actual influence upon multi-cultural initiatives of the 1970s and 1980s.Kallen coined the term “cultural pluralism” in the early twentieth century (Kallen 73). At this time, America was experiencing a great deal of social upheaval because of the huge influx of European and Asian immigrants. Movements such as nativism and Americanization fueled xenophobic sentiment. In this milieu, the full acculturation of new immigrants became a priority. In education, schooling policies penalized immigrant expressions of cultural identity, such as speaking one’s native language and practicing cultural traditions (Kallen 4).Kallen was one of the voices advocating not only that new immigrants should be allowed to maintain their cultural identity but also that a formal political solution be initiated which accommodated the predilection to do so. Nathan Glazer explains that there was at that time a general blindness to the possibility that “these groups or elements within them would not want to acculturate and assimilate but would want to preserve their corporate characters and distinctiveness even if prejudice and discrimination disappeared.” According to Glazer, such was the doctrine of assimilation for the first forty years of the twentieth century (7). [End Page 2]Kallen’s pluralism is a departure from the prevailing view in... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:preface Within the current context in the United States, we tend to think of “choice” as the leading slogan of the liberal movement to expand women’s reproductive rights, particularly the right to elective abortion. But choice depends on context: on what is available, what is mandated, what is prohibited or discouraged, and what has not yet been imagined. This issue of Feminist Studies expands our thinking about available and (...) potential choices, both individual and social. The issue opens with Stephanie Yingyi Wang’s ethnographic study of companionate marriage in China, in which she describes cooperative marriage partnerships that look heterosexual and appear to fulfill traditional familial expectations, but that facilitate same-sex liaisons and so create new family structures. Other essays in this issue describe the kinds of choices available to those who seek nontraditional or less conventional family and erotic bonds. Leila J. Rupp discusses the “queer dilemmas of desire” that perplex undergraduate queer women in US colleges, and Sonny Nordmarken opens possibilities for new trans epistemologies that disrupt and produce new gender practices, claiming that queer instability provides “infinite possibilities” for individual and social change. More traditional choices and families take differing shapes in other historical and cultural contexts. Carla Pascoe Leahy compares the levels of maternal satisfaction felt by three historical cohorts of Australian women: those of the immediate post-World War II generation, the later generation of the Women’s Liberation Movement, and the current generation. Miriam Kienle examines how two designers, Giorgia Lupi and Stefanie Posavec, decided to explore alternatives to big data by sending each other weekly postcards that quantified their lives according to “small/slow data” points. Other essays and poems emphasize constraint rather than choice about the kinds of identities that take shape within current social structures. Bettina Judd ponders the effects on herself and others of her own rage at racial injustice and of the stereotype of raging black women perpetuated by a society that has chosen not to 8Preface deal with its endemic racism. Similarly, Vivyan Adair’s memoir on the stigmata of growing up in poverty exposes the limitations of individual choice in the context of violence, a theme echoed in the poems by Elisabeth Blair, which dramatize her experiences in an abusive institution for troubled teens. Trysh Travis reviews four books published in 2017 that together, but differently, tackle the difficult situations of the “drug-using woman” and her recovery. Marilyn Strathern and Jade S. Sasser review Adele Clarke and Donna Haraway’s edited volume Making Kin, Not Population : Reconceiving Generations, with responses from multiple authors featured in the book. Finally, a short story by Mary Anna Evans and poetry by Hannah Baker Saltmarsh and Abigail G. H. Manzella voice other individual dilemmas related to choice. We end the issue with a News and Views piece by Sonja Thomas that offers more context on the recent Women’s Wall protest in Kerala, India. In “When Tongzhi Marry: Experiments of Cooperative Marriage between Lalas and Gay Men in Urban China,” Stephanie Yingyi Wang frames cooperative marriage in mainland China between gay men and lalas (same-sex loving women), or tonghzi marriage, as an experiment in queer kinship. Such marriages appear to fulfill traditional roles on the surface, providing women and men who desire same-sex relationships a sanctioned institution—marriage—within which to fulfill these desires. According to Wang, these relational strategies are shaped simultaneously by China’s heteronormative policies and by the global circulation of gay rights narratives, “transforming the heteronormative family institution from within.” In this ethnography, Wang describes relationships as varied as those in which married partners are mutually supportive close friends who confide in one another about their same-sex relationships, to others in which subjects suffered from differing expectations between the partners, sometimes with gay husbands expecting deferential behavior from their lala wives, or between the couples and their parents and in-laws. Wang suggests applying a “decolonizing feminist methodology” to go beyond dichotomies of public/private, local/global, and success/failure and thus to better understand tongzhi marriage and critical queer subjectivities at this global juncture. Wang’s article is a co-winner of the 2018 Feminist Studies Award for the... (shrink)

This study investigates the effect of individual auditors from more religious hometowns on audit quality, utilizing social identity and social norm theories via a sample of Turkish companies listed on the Borsa Istanbul and their associated individual auditors between the years 2010 and 2019. The sample includes a unique hand-collected dataset and secondary data gathered from various sources. The main findings demonstrate that individual auditors from more religious hometowns provide higher quality audit work in terms of the magnitudes of discretionary (...) accruals, audit reporting aggressiveness, and the presence of small profits. In order to overcome potential endogeneity and selection problems, this study employs the Heckman two-stage estimation procedure, instrumental variables, system generalized methods of moments regressions, and propensity score matching-difference and differences method. The results of these additional tests also support the main results. When controlled for the religiosity levels of the province where clients operate and the religiosity levels of the province where individual auditors attended and graduated from universities, the results remain similar. The employment of alternative audit firm size and quality proxies also provides additional supportive evidence. The findings are robust when alternative variables of interest and alternative audit quality measures, such as sanction and restatement, are employed in the main models. (shrink)