What should be a police department's policies and regulations on the use of deadly force? What is the relevance for this of the state law on capital punishment?

Police officers must be able to make an accurate appraisal of a lethal encounter and respond with appropriate force to mitigate the threat to their own lives and to the lives of others. Contemporary police deadly force training places the cadet in mock lethal encounters, which are designed to simulate those occurring in the real lives of law enforcement officers. This Reality Base Training is designed to provide cadets with experiences that require their reactions to be within (...) the law, policies and procedures, and ethics while undergoing a very stressful, emotional, and physically dynamic situation . Three police cadets provided written accounts of their deadly force training experiences in the RBT format. The descriptive phenomenological psychological method was used to analyze the data and to synthesize a general psychological structure of their experiences. The results reveal the perceptions, thoughts, feelings and behaviors reflecting the role of consciousness and psychological subjectivity in the participants’ understandings and decision-making in the simulated situations. (shrink)

: When suggesting that we—the affluent in the developed world—are legitimate targets of defensive force due to our contribution to global poverty one is likely to be countered by one of two strategies. The first denies that we contribute to global poverty. The second seems to affirm that we contribute, and even that we have stringent contribution-based duties to address this poverty, but denies that such contribution makes forcible resistance permissible. Those in this second group employ several argumentative strategies. (...) In this paper I investigate these strategies for denying the force-related implication of contribution to poverty. I do not argue for political violence or for the permissibility of targeting the affluent, I merely investigate a conditional: if contribution to global poverty generates stringent duties to address it, then this contribution implies permission on the part of the victims to defend themselves with force, or for third parties to use force on their behalf. (shrink)

The dead donor rule—that persons must be dead before their organs are taken—is a central part of the moral framework underlying organ procurement. Efforts to increase the pool of transplantable organs have been forced either to redefine death (e.g., anencephaly) or take advantage of ambiguities in the current definition of death (e.g., the Pittsburgh protocol). Society's growing acceptance of circumstances in which health care professionals can hasten a patient's death also may weaken the symbolic importance of the dead donor rule. (...) We consider the implications of these efforts to continually revise the line between life and death and ask whether it would be preferable to abandon the dead donor rule and rely entirely on informed consent as a safeguard against abuse. (shrink)

What is the status and nature of the “it” and the ontological progression from an “it” to an “it” in Ifeanyi Menkiti’s normative conception of a person? In this article, I attempt to preliminarily give some nuance content to the “it” of childhood and the “it” of the nameless dead. My motivation is straightforwardly simple: to defend Menkiti’s claim that both “its” have some depersonalised moral standing or existence. However, in doing so, I argue that a better account of the (...) ontological progression of personhood is from an “it” to an “it-it” 1 rather than from an “it” to an “it.” On this modified version of the double hyphenated “its”, which is underpinned by the idea of moral force, the prior moral worth of the nameless dead is taken into account as valuable members of our collective immortality, notwithstanding the fact that their names have been forgotten. Keywords: African Philosophy, Collective Immortality, Menkiti, It, It-it, Moral Force, Nameless Dead, Personhood. (shrink)

Proposals by the San Francisco Police Department (SFPD) to use bomb disposal robots for deadly force against humans have met with widespread condemnation. Media coverage of the furore has tended, incorrectly, to conflate these robots with autonomous weapon systems (AWS), the AI-based weapons used in armed conflict. These two types of systems should be treated as distinct since they have different sets of social, ethical, and legal implications. However, the conflation does raise a pressing question: what _if_ the (...) SFPD had proposed using AWS for law enforcement purposes? This article argues that current debate on AWS takes place within a ‘killing paradigm’ that leaves us ill-placed to understand the implications of using autonomous force outside of armed conflict. This is because ‘lethality’ is taken as the paradigmatic form of harm, meaning that other harms are understood in a way that is derivative of lethal harm. The article calls for more research on how other sorts of goods, such as freedom from domination, are imperilled by the use of autonomous force. The article also suggests that bringing research on AWS into dialogue with the sorts of concerns that have typically motivated political theory—e.g. power, coercion, the state—provides a fruitful starting point for addressing these issues. (shrink)

Objective The President's Council on Bioethics in 2008 reaffirmed the necessity of the dead donor rule and the legitimacy of the current criteria for diagnosing both neurological and cardiac death. In spite of this report, many have continued to express concerns about the ethics of donation after circulatory death, the validity of determining death using neurological criteria and the necessity for maintaining the dead donor rule for organ donation. I analysed the dead donor rule for its effect on the virtuous (...) practice of medicine by physicians caring for potential organ donors.Results The dead donor rule consistently impedes physicians in fulfilling their primary duty to act for the good of their prospective donor patients. This compromises the virtue of fidelity. It also weakens many other virtues necessary for physicians to provide excellent end-of-life care.Conclusions The dead donor rule, while ethically powerful in theory, loses its force during translation to the bedside. This is so because the rule mandates simultaneous life and death within the same body for organ donation, a biological status that is inherently contradictory. The rule should be rejected as an ethical norm governing vital organ transplantation at the end of life. Its elimination will strengthen the doctor–patient relationship and foster trustworthiness in organ procurement. (shrink)

Sometimes a police officer can only stop a fleeing suspect by striking or shooting him. When is it morally justified to use such force rather than let the suspect go? Beginning with deadly force, this article disentangles key considerations. First, it distinguishes justifications for force that are premised on a liability or forfeiture from justifications premised upon lesser-evils considerations. Second, it unpacks the distinct interests the state might claim in subduing suspects, from adjudicating suspects, to punishing (...) criminals, to preventing crime. Drawing these distinctions shows that the state’s interests are weaker than they first appear, rarely sufficient to outweigh the individual’s strong interests against force, and many suspects are not liable to the force to which they are subjected. Ultimately, we conclude (perhaps unsurprisingly) many legally permissible uses of force are morally unjustified. Finally, we turn to ways our analysis can be extrapolated to nondeadly force. (shrink)

This chapter sketches a literary history of writing the colonial interregnum through the comparison of a canonical Dublin text and its filmic adaptation with a canonical Johannesburg text and its filmic adaptation. Njabulo Ndebele’s short story ‘Fools’ (1983) repurposes formal elements from Joyce’s ‘The Dead’ (1914), transposing strategies for representing late colonial Dublin to a Johannesburg township during the height of apartheid in a context of extreme racial domination; beginning with close comparative readings of both stories, my chapter argues that (...) the context in which ‘Fools’ emerges determines the significance of its reappropriation of Joycean formal devices and simultaneously forces a re-reading of Joyce’s flirtation with bourgeois naturalism in ‘The Dead.’ Further, the respective publishing contexts of ‘Fools’ and ‘The Dead’ go on to determine their reception and recirculation, as demonstrated by the diverse histories of the American John Huston’s adaptation of ‘The Dead’ (1984), and Ramadan Suleman’s South African adaptation of ‘Fools’ (1997). In following this circumatlantic history of influence and adaptation from Joyce to Ndebele to Huston to Suleman, across hemispheres and media, I mean to articulate a relationship between modernist form and forms of modernity, particularly as those forms that appear and reappear in the global south over the course of the long twentieth century. Particular attention is paid here to the history of underdevelopment in the global south and how it impinges upon the production and circulation of literary adaptations. (shrink)

Abstract:AbstractThis essay explores the role affect plays in police use of force. On the one hand, police officers' affect, and more specifically, police officers' fear of African Americans can function as evidence in police shootings. But black fear of police violence is often cast as unreasonable and excessive. In a discussion of the public battles over affective responses to police violence, I argue that the failure that the struggle over perceptions of affect is an essential piece of fight against (...) state violence. (shrink)

Supernatural fans often associate Season 3's popular “Jus in Bello” episode with the world's quintessential zombie movie, George Romero's Night of the Living Dead. Romero's zombie films, beginning with Night, fill the survival space with multiple, diverse survivalists who are forced to work through personal differences stemming from jealousy and petty annoyance to racism and bigotry, issues of morality, theology, and other social and cultural differences. Indeed, the setting is the first link to Romero's Night, whose cramped Pennsylvanian farmhouse is (...) little different than the poorly fortified police station holding Sam and Dean. The demons congregate listlessly around the jail. This is an obvious visual homage to the isolated Pennsylvanian farmhouse in Night. The work of the demons in “Jus in Bello” like the zombies in Night and Dawn, is ceaseless and instinctual. (shrink)

What is the status and nature of the “it” and the ontological progression from an “it” to an “it” in Ifeanyi Menkiti’s normative conception of a person? In this article, I attempt to preliminarily give some nuance content to the “it” of childhood and the “it” of the nameless dead. My motivation is straightforwardly simple: to defend Menkiti’s claim that both “its” have some depersonalised moral standing or existence. However, in doing so, I argue that a better account of the (...) ontological progression of personhood is from an “it” to an “it-it”5 rather than from an “it” to an “it.” On this modified version of the double hyphenated “its”, which isunderpinned by the idea of moral force, the prior moral worth of the nameless dead is taken into account as valuable members of our collective immortality, notwithstanding the fact that their names have been forgotten. (shrink)

How did we end up here, masters of scientific insight, purveyors of ever more powerful technologies, astride the burning planet that created us, and now responsible for cleaning up the mess and determining the future direction of all of life? And what do we do about it? Technology is Dead attempts to answer both of those questions. It is a book of both challenge and hope, written for those who are able or willing to lead us out of our global (...) predicament. It is for the politicians, CEOs, community leaders, everyday parents and young people who understand that we must change our ways to ensure a sustainable future for all living things and the planet we rely on. The book's premise is that technology (like capitalism) has been an unprecedented force for prosperity, while at the same time bringing unrelenting, and unplanned downsides. Technology has insinuated itself into every nook and cranny of modern society, ignoring many of our human truths while preying on our vulnerabilities. It has resulted in both profound economic progress and a multitude of troubling unintended consequences, from deepening divides and loss of collective responsibility to a growing list of existential threats. The only viable response is to reconnect with our collaborative roots and undertake what the authors call a humanist revolution, a global effort to redefine human progress, rebuild our core systems to contribute to that progress, and reset our all too human behaviors and aspirations, while becoming the active, careful human-first stewards of technology itself. The revolution, guided by what the authors call a 21st Century Humanist Code asks all of us to work towards the world we want to live in - for each and every human to become the center and source of change in their lives, in their communities and the world beyond. The future of humankind and our planet depends on it. (shrink)

In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy (...) adopted by the Department of Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 30.1 (2006) 289-298 [Access article in PDF] Theory Is Dead— Like a Zombie Brian Boyd University of Auckland Theory's Empire: An Anthology of Dissent, edited by Daphne Patai and Will H. Corral; ix & 725 pp. New York: Columbia University Press, 2005. $72.50 cloth, $29.50 paper. Looking for an Argument: Critical Encounters with the New Approaches to the Criticism of Shakespeare and His Contemporaries, by Richard (...) Levin; 309 pp. Teaneck, N.J.: Fairleigh Dickinson University Press, 2003. $49.50. Are we "after Theory"? And if so, then where are we? Seven years after Post-Theory (1996) came Reading After Theory (2002) and then After Theory (2003).1 Students inducted into the mysteries of Theory by an aging professoriate can no longer feel the zeal their teachers themselves have mostly long since lost. Theory's own leaders point out its failings.2 Like Queen Anne, Theory is surely dead. Or is it?In 1982 Jonathan Culler argued that post-structuralist literary theory should be called just Theory and that Theorists should play the "central role" in intellectual life (TE, pp. 26, 215). What now sounds hubristic seemed heady in the expansionist days of Theory's empire. But less than two decades later it could be pointed out in print that "everyone knows that if you want to locate the laughingstock on your local campus these days, your best bet is to stop by the English department" (TE, p. 315).So was theory dead by this point, five years after the start of the Bad Writing Contest and three years after the Sokal hoax? Not at all. The year of the "laughingstock" remark, David Scott Kastan's Shakespeare After [End Page 289] Theory (1999) claimed that we are "after theory" "not because theory's claims have been shown to be intellectually bankrupt but because its claims have been accepted as both useful and productive." A reviewer could demur: "As formulated the claim may be overstated—it sometimes seems that Shakespeare studies is insufficiently theorized."3But that was seven years ago. Surely things are different now, ten years after the Sokal hoax? Yes and no. After Reading After Theory and After Theory, a literature professor at the top of his field, Louis Menand, can (1) bemoan the sickness of the humanities and (2) deplore the culture of conformity in their Theorized students, and at the same time still (3) offer thanks that Theory "rescued" literature departments from "the literary" and (4) urge that despite their unhealthy state the Theorized humanities should resolve not "to retrench" but "to colonize."4So again, are we after Theory or not, and where are we, if we are? Are reports of the death of Theory exaggerated? Or is Theory dead in a special way, one of the Undead, a zombie or a vampire?There have been many blows driven through the heart of Theory in the last thirty years, but if Theory is at least dying now it is not because of blows from outside but only from its own terminal internal tedium. It has "always already" been immune to criticism because it refused to listen to critical arguments, treating them as so much unfriendly fire, proof of the enemy's perfidy, all the more reason to close ranks.I described Menand as at the top of his field because he belongs to the Harvard English Department, is a star essayist for the New Yorker and a Pulitzer Prize winner, and was speaking to the 2004 MLA convention. There he wished some young Turks would stand up to challenge his generation, and tell them "You got it all wrong." But critics have been doing this cogently for decades. His generation has paid only enough heed to dismiss such criticism as proof that reactionary forces needed to be resolutely resisted.And the potential young Turks are simply too scared to speak up. Among all the many indictments of Theory collected in Theory's Empire, one of the most chilling indices of the betrayal of intellectual freedom and honesty in the Theorized humanities comes from a junior faculty... (shrink)

Food safety problems in China, such as deadly tainted milk, have attracted growing attention from a corporate social responsibility perspective. To examine the forces that potentially drive CSR behavior within the Chinese food industry, our study is organized as follows. First, a review is conducted on the unique history of CSR in China as well as some of the major Chinese food scandals that have taken place. The primary drivers of CSR in China that have been suggested in the (...) literature are then summarized. Next, new institutional theory perspectives are drawn upon to analyze three forces that potentially affect the behavior of Chinese firms: coercive isomorphism, mimetic processes, and normative pressures. Based on a questionnaire survey of 164 Chinese managers and employees, the CSR behavior of firms operating in the Chinese food industry is found to only be significantly affected by the institutional factor of normative pressures. The study concludes with its limitations as well as the implications of the findings. (shrink)

Erotic Nights of the Living Dead (1980) may have featured both animated corpses and hardcore sex scenes, but only recently have Re-Penetrator (2004) and Porn of the Dead (2006) managed to fully eroticise the living dead, allowing these creatures to engage in intercourse. In doing so, the usually a-subjective zombie is allotted a key facet of identity - sexuality. This development within the sub-genre needs accounting for outside of the contexts of porn studies, where it has only been briefly touched (...) upon in relation to its "extremity". -/- Moreover, the gendering of the undead opens a discussion which expand the horizons of zombie studies away from the overt critiques of capitalism, race and psychoanalysis that have pervaded analyses of these narratives. The dichotomy of binary oppositions so often associated with psychoanalytic approaches dictates that "passive (non-phallic) = female", and "active (phallic) = male". In these terms, the zombies are feminine - soft-bodied and passive, despite their murderous intent (which has been accounted for, by Barabara Creed (1993) amongst others, by invoking the vagina-dentata motif). Humans (active) are deemed masculine, not least since they tend to dispatch zombies with "phallic guns". Taking this logic to an extreme, the zombie may be read as allegorising feminism: the "feminised" figures (zombies) become fearsome in their will to exert themselves despite their seeming disempowerment in the face of "masculine" hegemony. Ultimately, by grouping together as a force, they overthrow or at least significantly damage that "normality" (an ideological paradigm usually read in terms of race, class and economics). (shrink)

Evolutionary psychologists have suggested that confidence and conservatism promoted aggression in our ancestral past, and that this may have been an adaptive strategy given the prevailing costs and benefits of conflict. However, in modern environments, where the costs and benefits of conflict can be very different owing to the involvement of mass armies, sophisticated technology, and remote leadership, evolved tendencies toward high levels of confidence and conservatism may continue to be a contributory cause of aggression despite leading to greater costs (...) and fewer benefits. The purpose of this paper is to test whether confidence and conservatism are indeed associated with greater levels of aggression—in an explicitly political domain. We present the results of an experiment examining people’s levels of aggression in response to hypothetical international crises (a hostage crisis, a counter-insurgency campaign, and a coup). Levels of aggression (which range from concession to negotiation to military attack) were significantly predicted by subjects’ (1) confidence that their chosen policy would succeed, (2) score on a liberal-conservative scale, (3) political party affiliation, and (4) preference for the use of military force in real-world U.S. policy toward Iraq and Iran. We discuss the possible adaptive and maladaptive implications of confidence and conservatism for the prospects of war and peace in the modern world. (shrink)

This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to (...) ban many bad tactics, police- generated killings often are treated as “lawful but awful.” To address these killings, some call on changes to departmental policies or voluntary reparations by local governments, yet such measures leave in place a troubling gap between ethics and law. I argue that police-generated killings merit legal sanctions by appealing to a relevant analogy: self-generated self-defense, where the person who engages in self-defense started the trouble. The persistent lack of accountability for police-generated killings threatens life, police legitimacy, and trust in democratic institutions. The article closes by identifying tools in law and policy to address this challenge. (shrink)

This article aims to examine the racialized forms of violence enacted by contemporary border regimes by rethinking border deaths as “forced disappearances." Although “forced disappearance” is often associated with military dictatorships, I extend it to border control policies that push migrants beyond the pale of the law, make it difficult to find out about their fates or whereabouts, and render their lives disposable. In thinking about border deaths as forced disappearances, I move beyond the strictly juridical meaning of this term (...) and foreground its phenomenological resonances to inquire into the conditions of appearance and disappearance, including the social structures, normative orders, and representational frameworks that make and unmake one’s relations to the world and other living beings. To undertake such an inquiry, I engage with Frantz Fanon's works and examine how borders establish racialized partitions among both the living and the dead. The analysis highlights how certain elements of colonialism—spatial compartmentalization, racial immobilization, routinized violence, legalized lawlessness—reappear within border governance. It also points to the crucial role that law plays in legitimizing racialized state violence in border control. (shrink)

Texas’ beloved Blue Bell Creameries was one of the leading ice cream brands worldwide until contaminated products issues culminated in 2015. During the outbreak, three people died and Blue Bell was forced to issue a total product recall. Governmental investigations revealed the company knew its production facilities had contamination issues as early as 2009. In 2020, Blue Bell pled guilty to shipping contaminated ice cream and paid over $19 million in fines. Paul Kruse, Blue Bell’s long-standing president, was alleged to (...) have ordered the cessation of a product contamination testing program and to have ordered the destruction of evidence that confirmed contamination. As a result of his alleged actions, Kruse was charged with seven criminal counts. Students must step into the role of Kruse, critically think through the consequences of action and inaction at the management level, and consider possible alternatives from various ethical perspectives. (shrink)

Recent commentaries by Verheijde et al, Evans and Potts suggesting that donation after cardiac death practices routinely violate the dead donor rule are based on flawed presumptions. Cell biology, cardiopulmonary resuscitation, critical care life support technologies, donation and transplantation continue to inform concepts of life and death. The impact of oxygen deprivation to cells, organs and the brain is discussed in relation to death as a biological transition. In the face of advancing organ support and replacement technologies, the reversibility of (...) cardiac arrest is now purely related to the context in which it occurs, in association to the availability and application of support systems to maintain oxygenated circulation. The 'complete and irreversible' lexicon commonly used in death discussions and legal statutes are ambiguous, indefinable and should be replaced by accurate terms. Criticism of controlled DCD on the basis of violating the dead donor rule, where autoresuscitation has not been described beyond 2 minutes, in which life support is withdrawn and CPR is not provided, is not valid. However, any post mortem intervention that re-establishes brain blood flow should be prohibited. In comparison to traditional practice, organ donation has forced the clarification of the diagnostic criteria for death and improved the rigour of the determinations. (shrink)

Koriat & Goldsmith's thesis is provocative but has three problems: First, quantity and accuracy are not simply related, they are complementary. Second, the storehouse metaphor is not the driving force behind contemporary theories of memory and may not be viable. Third, the taxonomy is incomplete, leaving unclassified several extremely influential methods and measures, such as priming and response latency.

Forced displacement and silencing are inextricably bound for communities who have experienced different forms of violence in different contexts. This article explores the narratives about the war that began on 5 October 2017 in the district of Mocímboa da Praia, on the coast of the province of Cabo Delgado, northern Mozambique, by a group of radical guerrillas locally known as mashababe. Since then, from isolated attacks on remote villages, violence has spread to more districts in the region, with kidnappings of (...) civilians, looting of barns and houses, thus imposing the forced displacement of hundreds of thousands of people in addition to an inestimable number of dead and missing people. This article combines the history and ethnographic work carried out between 2018 and 2021 with the homeless populations from conflict regions and hosted in the 'Nacaca Displaced Persons Camp' (Campo de Deslocados de Nacaca), built in the district of Montepuez, south of Cabo Delgado, a region previously considered safe. The aim of this paper is to analyse how the multiple faces of traumatic violence (physical, psychological and symbolic) are processed in which war victims are continually exposed through silencing imposed by different actors who frequent their new places of refuge. (shrink)

The neutral theory of molecular evolution has been instrumental in organizing our thinking about the nature of evolutionary forces shaping variation at the DNA level. More importantly, it has provided empiricists with a strong set of testable predictions and hence, a useful null hypothesis against which to test for the presence of selection. Evidence indicates that the neutral theory cannot explain key features of protein evolution nor patterns of biased codon usage in certain species. Whereas we now have a reasonable (...) model of selection acting on synonymous changes in Drosophila, protein evolution remains poorly understood. Despite limitations in the applicability of the neutral theory, it is likely to remain an integral part of the quest to understand molecular evolution. (shrink)

Both the comic book series and TV show force us to confront our most cherished values and ask: would we still be able to hold onto these things in such a world? What are we allowed to do? What aren't we? Are there any boundaries left?

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 30.4 (2000) 38-58 [Access article in PDF] Giorgio Agamben and the Politics of the Living Dead Andrew Norris Death is most frightening, since it is a boundary. —Aristotle, Nicomachean EthicsAnd as the same thing there exists in us living and dead and the waking and the sleeping and young and old: for these things having changed round are those, and those having changed round are these. —Heraclitus, Fragment (...) 88 What is politics today? What is its relationship to the tradition from which it emerges? The questions are difficult ones to answer in part because contemporary politics seems so schizophrenic. In affluent Western countries politics is increasingly a matter of spectacle on the one hand and managed economies on the other. Hannah Arendt seems quite confirmed in her claim that the once-glorious public realm of appearance is fundamentally degraded when it is overrun by concerns more appropriate to the private realm, such as household management and gossip. If this "unnatural growth of the natural" [47] inclines us to nostalgia for a time when the two realms were more decisively separated, such nostalgia is likely intensified by the "ethnic cleansing," rape camps, and genocide that we now associate with names such as "Yugoslavia" and "Rwanda." But as improbable as any flight to the past may be, it is even less likely that the politics of that past could help us navigate the treacherous waters of our current technological society. I have in mind not only the familiar claim that the attempted genocides of our time are only made possible by quite modern forms of technology, organization, and experience, 1 but also recent scientific and "medical" advances. Consider just two: first, the corporate driven and controlled development of biotechnologies, in which huge multinationals are acquiring patents to genetic "information" such as "all human blood cells that have come from the umbilical cord of [any] newborn child." If there is any doubt that such developments will lead us to redefine the human being, these may be laid to rest by the case of John Moore, an Alaskan businessman who found his own body parts had been patented, without his knowledge, by the University of California at Los Angeles and licensed to the Sandoz Pharmaceutical Corporation [Rifkin 60-61]. So much for Locke's attempt to ground the institution of private property in the fact that "every Man has a Property in his own Person"! 2 In its place we seem to be moving [End Page 38] toward something more like the "logical synthesis of biology and economy" called for by the National Socialist Institut allemand in Paris in 1942 [Agamben, Homo Sacer 145]. A similar process of redefinition is already underway in the field of death, a phenomenon that scientists and lawyers are having a harder and harder time pinning down. Where once death was defined by the cessation of the movement of the heart and lungs, recent life support technologies have forced scientists to define death in terms of such technologies. Witness Doctor Norman Shumway's defense of the definition of death as brain death: "I'm saying that anyone whose brain is dead is dead. It is the one determinant that would be universally applicable, because the brain is the one organ that can't be transplanted" [163]. By implication, if and when technology is developed that allows for brain transplants, even those whose brains are "dead" will be brought back to some kind of life, perhaps as organ farms for others who are less ambiguously alive.Giorgio Agamben, from whose book Homo Sacer: Sovereign Power and Bare Life I take both this last grisly example and its analysis, argues that, contrary to appearances, such developments do not represent a radical break with the tradition. His analysis both builds upon and corrects Michel Foucault's claim that politics in our time is constituted by disciplines of normalization and subjectification that Foucault labels "bio-power." For Foucault, biopower is fundamentally modern. "What might be called a society's 'threshold of modernity,'" he writes, "has been reached when the life of the species is wagered... (shrink)

At its meeting on 16 June 2005, the European Council decided to postpone its introduction of the European Constitution, originally planned to come into force on 1 November 2006. As the Treaty establishing a European Constitution could in principle only take effect if all the Member States agree, following the clear rejections in the French referendum on 29 May 2005 and the Dutch referendum on 1 June 2005 , the Member States needed a period of reflection, a search for (...) explanations and debate. The European Council did not feel that the date initially planned for a report on the ratification of the treaty was still tenable, since those countries which had not yet ratified the treaty would be unable to provide a clear reply before mid- 2007. But the process of ratification by the Member States was not abandoned. The timetable was adjusted to reflect the circumstances in the countries which had not yet ratified the treaty. This period was intended to regain the trust of the general public. (shrink)

This article addresses whether cardiopulmonary resuscitation and sustained physiological support should ever be permitted in individuals who are diagnosed as brain dead and who had held previously expressed moral or religious objections to the currently accepted criteria for such a determination. It contrasts how requests for care would normally be treated in cases involving a brain-dead individual with previously expressed wishes to donate and a similarly diagnosed individual with previously expressed beliefs that did not conform to a brain-based conception of (...) death. The paper first focuses narrowly on requests for CPR and then expands its scope to address extended physiological support. It describes how refusing the brain-dead non-donor's requests for either CPR or extended support would represent enduring harm to the antemortem or previously autonomous individual by negating their beliefs and self-identity. The paper subsequently discusses potential implications of policy that would allow greater accommodations to those with conscientious objections to currently accepted brain-based death criteria, such as for cost, insurance, higher brain formulations and bedside communication. The conclusion is that granting wider latitude to personal conceptions around the definition of death, rather than forcing a contested definition on those with valid moral and religious objections, would benefit both individuals and society. (shrink)

In Alice Walker’s vignette “The Flowers,” a young black girl’s walk in the woods is interrupted when she treads “smack” into the skull of a lynched man. As her name predicates, Myop’s age and innocence obstruct her from seeing deeply into the full implications of the scene, while the more worldly reader is jarred and confronted with a whole history of racial violence and slavery. The skeleton, its teeth cracked and broken, is a temporal irruption, a Gothic “smack” that shatters (...) the transience of the pastoral scene with the intrusion of a deeper past from which dead matter/material de-composes the story’s present with the violent matter/issue of racism. Walker’s story is representative of an important trope in fiction, where the pastoral dead speak through the details of their remains, and the temporal fabric of text is disrupted by the very substance of death. Against the backdrops of Terry Gifford’s post-pastoral and Fred Botting’s Gothic understanding of the literary corpse as “negative[ly] sublime,” this essay explores the fictional dead as matter unfettered by genre, consistently signifying beyond their own inanimate silences, revealing suppressed and unpalatable themes of racial and sexual violence, child abuse and cannibalistic consumerism. Along with Walker’s story, this study considers these ideas through new readings of Stephen King’s novella The Body, Raymond Carver’s story “So Much Water So Close to Home,” and The Road by Cormac McCarthy. While these writers may form an unlikely grouping in terms of style, each uses pastoral remains as significant material, deploying the dead as Gothic entities that force the reader to confront America’s darkest social and historical matters. (shrink)

Lauritz Munch and Björn Lundgren have recently replied to a paper published by us in this journal. In our original paper, we defended a novel version of the so-called ‘control theory’ of the moral right to privacy. We argued that control theorists should define ‘control’ as what we coined ‘Negative Control’. Munch and Lundgren have recently provided a range of interesting and challenging objections to our view. Independently of each other, they give almost identical counterexamples to our definition of Negative (...) Control. In this comment, we show that while the counterexamples are genuine counterexamples, they do not force us to abandon the idea of Negative Control. Furthermore, we reply to two additional objections raised by Lundgren. One of these replies involves giving a new account of what the relation is between the concept of privacy and the right to privacy. (shrink)

From George Floyd to Breonna Taylor, the brutal deaths of Black citizens at the hands of law enforcement have brought race and policing to the forefront of national debate in the United States. In The Ethics of Policing, Ben Jones and Eduardo Mendieta bring together an interdisciplinary group of scholars across the social sciences and humanities to reevaluate the role of the police and the ethical principles that guide their work. With contributors such as Tracey Meares, Michael Walzer, and Franklin (...) Zimring, this volume covers timely topics including race and policing, the use of aggressive tactics and deadly force, police abolitionism, and the use of new technologies like drones, body cameras, and predictive analytics, providing different perspectives on the past, present, and future of policing, with particular attention to discriminatory practices that have historically targeted Black and Brown communities. This volume offers cutting-edge insight into the ethical challenges facing the police and the institutions that oversee them. As high-profile cases of police brutality spark protests around the country, The Ethics of Policing raises questions about the proper role of law enforcement in a democratic society. (shrink)

During the 1980s and 1990s, the debate on the Marxist theory of history centred largely around the work of Robert Brenner’s property-relations-centred construal of it, and G.A. Cohen’s attempt to revive the classical, determinist argument. This article examines two influential arguments by Erik Wright and his colleagues, and by Alan Carling, which acknowledge important weaknesses in Cohen’s work, but which also try to construct a more plausible version of his theory. I show that the attempts to rescue Cohen are largely (...) unsuccessful. And, to the extent that they render the argument plausible, they do so at the cost of turning it, willy-nilly, into a kind of class-struggle theory. I conclude that this spells the demise of the classical version of historical materialism, but also observe that this does not leave us with a voluntaristic understanding of history, as some of its defenders fear. (shrink)

This chapter contains sections titled: Moral Justification for the Use of Deadly Force Civilian Immunity and Human Rights Violations Civilian Immunity and Culpable Omissions Terrorism and Non‐Violent Rights Violators Conclusion.

Most theisms and atheisms share an assumption about what divine action would look like; if God is real and acts in the world, then God acts through intervention, invading the mechanistic world as an alien agent. Whitehead's Religious Thought takes dead aim at this contention, arguing that such conceptions of divine intervention emerge from and reinforce a problematic dualism that permeates western theological discourse. Throughout his text Daniel A. Dombrowski links dualistic conceptions of human experience with metaphysical dualism, but also (...) argues that materialistic or mechanistic conceptions of the universe all presume the same basic constituents: machines and ghosts. Materialism rids the world of ghosts and... (shrink)

En 1819, Maine de Biran rédige une Exposition du système de Leibniz. Ce texte accorde une place centrale à la virtualité en l'associant à trois éléments-clés du système leibnizien : la monade miroir représentant « virtuellement » l'univers ; la conception dynamique de la substance constituée par une tendance virtuelle ; l'innéité des idées qui résulterait, aux yeux de Biran, d'une application de la dynamique et plus précisément du concept de la « force considérée comme virtuelle ». Ces trois (...) références à la virtualité comportent donc un aspect problématique que l'article tente d'éclairer en s'appuyant sur le rôle que Maine de Biran lui-même fait jouer à la virtualité dans son propre itinéraire philosophique. En particulier, le Mémoire sur la décomposition de la pensée fait jouer un rôle central à la « force virtuelle » (virtual force) en tant que force préexistant au moi, et permettant d'échapper au substantialisme. La force virtuelle apparaît comme un concept malléable permettant de concilier deux concepts initialement antinomiques pour Biran, celui de substance et celui d'activité. Or c'est précisément aussi ce que fait la dynamique leibnizienne à ses yeux. La tentation est dès lors très forte d'attribuer ce concept-clé à Leibniz lui-même, d'autant plus que Jean Bernoulli, Emilie du Chatelet, D'Alembert, avaient déjà introduit la virtualité dans le lexique de la dynamique leibnizienne pour qualifier la force morte (dead force). Biran est ainsi conduit à reconstituer l'itinéraire intellectuel de Leibniz et à considérer que ce dernier a puisé son concept de force dans l'expérience de l'aperception (apperception), au sens biranien du terme. (shrink)

There are three major reasons that ideas associated with ubuntu are often deemed to be an inappropriate basis for a public morality. One is that they are too vague, a second is that they fail to acknowledge the value of individual freedom, and a third is that they a fit traditional, small-scale culture more than a modern, industrial society. In this article, I provide a philosophical interpretation of ubuntu that is not vulnerable to these three objections. Specifically, I construct a (...) moral theory grounded on southern African worldviews, one that suggests a promising new conception of human dignity. According to this conception, typical human beings have a dignity in virtue of their capacity for community, understood as the combination of identifying with others and exhibiting solidarity with them, where human rights violations are egregious degradations of this capacity. I argue that this account of human rights violations straightforwardly entails and explains many different elements of South Africa’s Bill of Rights and naturally suggests certain ways of resolving contemporary moral dilemmas in South Africa and elsewhere relating to land reform, political power and deadly force. (shrink)

In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to (...) develop a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African- inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights. (shrink)

There has recently been increasing interest in the possibility and ethics of lethal autonomous weapons systems (LAWS), which would combine sophisticated AI with machinery capable of deadly force. One objection to LAWS is that their use will create a troubling responsibility gap, where no human agent can properly be held accountable for the outcomes that they create. While some authors have attempted to show that individual agents can, in fact, be responsible for the behaviour of LAWS in various (...) circumstances, this will not be possible in all cases. This article argues, however, that by assigning responsibilities to group agents operating within the military‐industrial complex, as well as the military‐industrial complex as a whole, we may be able to close the responsibility gap, or at least reduce its costs. Insofar as the potential for responsibility gaps poses an ethical barrier to the development and deployment of LAWS, this argument, if sound, may show their use to be morally permissible in a greater range of cases. (shrink)

One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work (...) by Hugo Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the _obligation to use nonlethal incapacitation_ (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground. (shrink)

Lawrence O'Donnell, Jr., Deadly Force: The True Story of How a Badge Can Become a License to Kill. New York: William Morrow and Company, 1983, 384 pp. Robert E. Goodin, Political Theory and Public Policy. Chicago: University of Chicago Press, 1982, ix + 286 pp.

Warfare is becoming increasingly automated, from automatic missile defense systems to micro-UAVs (WASPs) that can maneuver through urban environments with ease, and each advance brings with it ethical questions in need of resolving. Proponents of lethal autonomous weapons systems (LAWS) provide varied arguments in their favor; robots are capable of better identifying combatants and civilians, thus reducing "collateral damage"; robots need not protect themselves and so can incur more risks to protect innocents or gather more information before using deadly (...) force; robots can assess situations more quickly and do so without emotion, reducing the likelihood of fatal mistakes due to human error; and sending robots to war protects our own soldiers from harm. However, these arguments only point in favor of autonomous weapons systems, failing to demonstrate why such systems need be made *lethal*. In this paper I argue that if one grants all of the proponents' points in favor of LAWS, then, contrary to what might be expected, this leads to the conclusion that it would be both immoral and illegal to deploy *lethal* autonomous weapons, because the many features that speak in favor of them also undermine the need for them to be programmed to take lives. In particular, I argue that such systems, if lethal, would violate the moral and legal principle of necessity, which forbids the use of weapons that impose superfluous injury or unnecessary harm. I conclude by highlighting that the argument is not against autonomous weapons per se, but only against *lethal* autonomous weapons. (shrink)

In this chapter, a reprint of an article initially appearing in the Journal of Human Rights (2010), I spell out a conception of dignity grounded on African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is (...) degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African-inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights. (shrink)

When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their (...) defensive rights. This article further claims that provocateurs need to be distinguished from their cousins, initial aggressors, as initial aggressors engage in conduct that grounds the permissibility of the defender’s behavior whereas the provocateur’s behavior does not justify the respondent’s use of force against him. In addition, this article rejects that the basis of this forfeiture can be found in the doctrines surrounding when and why mitigation for provocation is appropriate for the respondent. Provocateurs forfeit their defensive rights for the very simple reason that they start the fight. This forfeiture occurs when they behave culpably, meaning that they subjectively appreciate that they are running the risk of causing force to be used against them and they engage in this behavior without justification or excuse. The question of when the provocateur’s behavior is justified is incredibly complex. It requires analysis of when it is that one is justified in increasing the risk of another’s wrongdoing. Any analysis of this justification must take seriously the liberty rights of the potential provocateur to engage in otherwise permissible behavior. Moreover, the determination of whether the provocateur is justified will turn on whether the later acts that he puts into motion are themselves justified. Thus, when Charles Bronson in the movie Death Wish presents himself as a victim so that muggers will attack him, the justifiability of his conduct in appearing as a vulnerable victim will turn on whether he is entitled to engage in this conduct, intending to later defend himself. This article argues that in Death Wish-type cases, the reason that the provocateur is not justified is because he becomes a vigilante, thereby usurping the role of the state and undermining rule of law values. (shrink)