Activists and progressive governments sometimes interfere in the working conditions of sweatshops. Their methods may include boycotts of the products produced in these facilities, bans on the import of these products or tariffs imposed by the home country, and enforcing the host country’s laws that aim at regulating sweatshops. Some argue that such interference in sweatshop conditions is morally wrong since it may actually harm workers. The reason is that the enterprise that runs the sweatshop may choose to lay (...) off some workers as the result of effective interference in order to maintain their profit at the desired level. If successful, this argument would prohibit any interference in sweatshop conditions on moral grounds. In this article, I argue in dissent and build a contractualist argument in favor of the moral permissibility of interference in sweatshops. I base my argument on an ex ante interpretation of T.M. Scanlon’s contractualism. (shrink)

Liberal and republican conceptions of freedom differ as to whether freedom consists in noninterference or non-domination. Pettit defends the republican non-domination conception on the grounds that one can be unfree without being interfered with if one is dominated, and that one can be interfered with yet free if not dominated. I show that these claims mistake the scope of actual interference. In particular, I show that cases said to involve unfreedom without interference do involve interference, and that (...) cases said to involve freedom despite interference— in particular, cases involving government regulations—are cases in which some interference is outweighed by protection from even greater interference. The liberal noninterference conception of freedom, therefore, can account for what Pettit claims can only be accounted for by freedom as non-domination. (shrink)

Fair Governance: The Enforcement of Morals is a study of legal interference with individual preferences and will canvass the interdisciplinary literature in economics, psychology, philosophy, and law. It discusses the particular conditions necessary for the state to legally interfere with our freedom of choice, whether it be to either satisfy our individual pursuit of happiness or to prevent us from making immoral choices. Relatively few philosophers know much of the parallel literature on this central problem of ethics; while many (...) legal scholars are acquainted with the psychological literature on judgment biases, they are frequently unfamiliar with the philosophical literature on perfectionism. Francis H. Buckley carefully links these two notions of state power with recent empirical literature on judgment biases and happiness studies and surveys the literature, arguing for a nuanced form of social perfectionism, one which seeks to promote the kind of liberal nationalism found in the United States. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Secular Government, Religious People by Ira C. Lupu and Robert W. TuttleJoshua T. MauldinSecular Government, Religious People Ira C. Lupu and Robert W. Tuttle grand rapids, mi: eerdmans, 2014. 279 pp. $25.00.In Secular Government, Religious People, Ira C. Lupu and Robert W. Tuttle provide a structuralist account of the Establishment Clause and suggest that their conception of the secular character of government resonates with (...) the dominant strand of First Amendment jurisprudence. On their view, the religion clauses are not only about the religious rights of persons; the Establishment Clause is primarily about the character of government itself. That character is secular, meaning that the government is “constitutionally disabled” from settling “ecclesiastical questions.” These include not only obviously theological questions about the nature of God or true religion but also seemingly more mundane matters such as “Who is fit to be a minister?” or “Which faction of a fractured religious congregation is closer to the beliefs of the congregation’s charter members?”The problem with judicial attempts to engage such questions became increasingly evident in the development of legal doctrine throughout the nineteenth and twentieth centuries, and one of the primary values of this book is its clear account of this history. One example is the “iconic” Supreme Court decision in the 1971 case of Lemon v. Kurtzman, which included an important rule against “excessive entanglement” between the state and religious groups, based on the Establishment Clause. For Lupu and Tuttle, this ruling is paradigmatic of their structuralist argument for nonestablishment. If the Establishment Clause requires that government be secular, then the government may not claim divine authority or establish a covenant with God or engage in acts of worship. The government may, nevertheless, acknowledge the religious character of its people; the religious freedom of the people is protected by the secular character of government in that a sphere of society is reserved for religious practice and thereby protected from governmental intrusion. While religious persons might actually prefer that government “interfere” in the religious sphere for various reasons, and might even view the government’s failure to do so as an assault on religious freedom, it is precisely the noninterference of government in religious matters that protects religious freedom.The book involves both a descriptive analysis of the development of American law and a normative argument for a particular legal philosophy. Tuttle and Lupu argue that it is best when government is secular, and they suggest that this is a basic assumption of mainstream American law, both in its origins and later [End Page 213] trajectory. Some will question the sharp distinction drawn between “government” and “people.” In a democratic society, is there a clear line between the people and the government as representative of the people’s will? Furthermore, one wonders whether the kind of American “civil religion” that Robert Bellah famously analyzed in the 1960s, and against which Tuttle and Lupu inveigh, is simply here to stay. American presidents continue to invoke God in public speeches, and many citizens believe that the United States itself is in a covenant with God. Tuttle and Lupu worry that any appeal to such a covenant leads to the “totalitarian” identification of political and divine authority. But the covenant with God could just as easily lead to a critique of political authority as to a reinforcement of it. As Abraham Lincoln declared in a legendary piece of American political theology, “The Almighty has his own purposes.” For Tuttle and Lupu, this kind of civil religion is both unconstitutional and bad public policy. But one wonders whether we could ever really eradicate it, and even if we could, whether it would be wise to do so.Joshua T. MauldinCenter of Theological InquiryCopyright © 2016 Society of Christian Ethics... (shrink)

Theorists and activists favor empowering government agencies to regulate technology; but an examination of such regulation by the US government exposes the inadequacy of any such regimen. Vested interests routinely interfere, e.g., keeping administration of polio vaccine in the hands of physicians, political infighting with regard to cancer research funding, advantages gained from noncompliance with military technology-constraining treaties. Public/private salary differences limit availability of the best talents for government positions, nor are truly appropriate regulatory policies easily arrived (...) at in the absence of meaningful funding. Solutions such as a Science Court are unreliable given the influences that would undermine neutrality as well as competence. (shrink)

Prior research suggests that ownership structure is associated to corporate social responsibility (CSR) in developed countries. This article examines whether and how ownership structure affects CSR in emerging markets using Chinese firms' social responsibility ranking. Our empirical evidences show that for non-state-owned firms, corporate ownership dispersion is positively associated to CSR. However, for state-owned firms, whose controlling shareholder is the state, this relation is reversed. We attribute the reversed relationship to political interferences and further test this hypothesis by demonstrating that (...) regional economic development is negatively related to CSR for state-owned firms due to decreased political interference in more developed areas. This study is the first to directly examine the relationship between the dispersion of corporate ownership and CSR in emerging markets, and our results depict that it is important to consider ownership type in assessing CSR in emerging market where state ownership is still prevalent such as China. The results also reveal that firm size, profitability, employee power, leverage, and growth opportunity affect CSR in China. (shrink)

Current debates as to whether “republican liberty” is a negative or a positive concept of liberty take as their starting point the distinction between these concepts as outlined in Isaiah Berlin’s essay “Two Concepts of Liberty.” Berlin’s essay has stimulated a considerable debate about the precise nature of the distinction between the two concepts, whether there are indeed two concepts of liberty or only one, the triadic concept, and whether the two concepts are systematically connected to the foundational assumptions of (...) different traditions of political philosophy. Republican liberty has traditionally been placed under the positive heading as one variant of positive liberty, but this has been challenged by the argument that republican liberty is a form of negative liberty which is more extensive than the liberal form of negative liberty in incorporating the notion of freedom from potential as well as actual interference or constraint. According to this interpretation, therefore, the main distinction between the political traditions of liberalism and republicanism is to be found not in the distinction between negative and positive liberty, but in a distinction within negative liberty. (shrink)

Current debates as to whether “republican liberty” is a negative or a positive concept of liberty take as their starting point the distinction between these concepts as outlined in Isaiah Berlin’s essay “Two Concepts of Liberty.” Berlin’s essay has stimulated a considerable debate about the precise nature of the distinction between the two concepts, whether there are indeed two concepts of liberty or only one, the triadic concept, and whether the two concepts are systematically connected to the foundational assumptions of (...) different traditions of political philosophy. Republican liberty has traditionally been placed under the positive heading as one variant of positive liberty, but this has been challenged by the argument that republican liberty is a form of negative liberty which is more extensive than the liberal form of negative liberty in incorporating the notion of freedom from potential as well as actual interference or constraint. According to this interpretation, therefore, the main distinction between the political traditions of liberalism and republicanism is to be found not in the distinction between negative and positive liberty, but in a distinction within negative liberty. (shrink)

My aim in this paper is to initiate and contribute to debate concerning the possibility of behavior that is both self-defeating and self-governed. In the first section of the paper, I review a couple of points that figure in the literature as platitudes about (the relevant notion of) self-governance. In the second section, I explain how these points give rise to what seems to be a dilemma that suggests that informed self-defeating behavior, wherein one is aware of the consequences of (...) each choice one makes, is impossible. In the third and fourth sections, I consider two types of cases that appear to be cases of informed self-defeating behavior and argue that one of the cases is a genuine case of self-defeating self-governance. I end with some remarks concerning self-governance, self-defeat, and dynamic choice. I suggest that the notion of self-defeat here employed provides a simple and compelling answer to the question “Are there any diachronic rationality constraints on agents?” The answer (or at least part of the answer) is “Yes, agents must avoid self-defeating behavior.” In section 5, I give reasons for thinking that all cases of diachronic irrationality are cases of self-defeating behavior in the relevant sense. As will become apparent, to the extent that the requirement to avoid self-defeating behavior calls for any cross-temporal coherence, it does so without endorsing a sort of conservatism that can interfere with personal growth and change. (shrink)

The provision of police services and the suppression of crime is one of the first functions of civil government. Article 3 of the Universal Declaration of Human Rights speaks of a right to “security of person.” “The term ‘police’ traditionally connoted social organization, civil authority, or formation of a political community—the control and regulation of affairs affecting the general order and welfare of society,” including the protection of public health. Civil dispute resolution is also an important part of a (...) system that moves people away from self-help and toward reliance on collectively constituted, peaceful channels for working out problems.A safe and secure environment is tied to health. Research in social epidemiology suggests that a shared sense of security from physical violence and interference with property can contribute to better community health. (shrink)

The provision of police services and the suppression of crime is one of the first functions of civil government. Article 3 of the Universal Declaration of Human Rights speaks of a right to “security of person.” “The term ‘police’ traditionally connoted social organization, civil authority, or formation of a political community—the control and regulation of affairs affecting the general order and welfare of society,” including the protection of public health. Civil dispute resolution is also an important part of a (...) system that moves people away from self-help and toward reliance on collectively constituted, peaceful channels for working out problems.A safe and secure environment is tied to health. Research in social epidemiology suggests that a shared sense of security from physical violence and interference with property can contribute to better community health. (shrink)

The provision of police services and the suppression of crime is one of the first functions of civil government. Article 3 of the Universal Declaration of Human Rights speaks of a right to “security of person.” “The term ‘police’ traditionally connoted social organization, civil authority, or formation of a political community—the control and regulation of affairs affecting the general order and welfare of society,” including the protection of public health. Civil dispute resolution is also an important part of a (...) system that moves people away from self-help and toward reliance on collectively constituted, peaceful channels for working out problems.A safe and secure environment is tied to health. Research in social epidemiology suggests that a shared sense of security from physical violence and interference with property can contribute to better community health. (shrink)

:Contemporary global governance is organized around an odd pairing: care and control. On the one hand, much of global governance is designed to reduce human suffering and improve human flourishing, with the important caveat that individuals should be allowed to decide for themselves how they want to live their lives. On the other hand, these global practices of care are also entangled with acts of control. Peacebuilding, public health, emergency aid, human rights, and development are expressions of this tension between (...) care and control. There is a concept that captures this tension: paternalism. Drawing on our moral intuitions, I argue that paternalism is the attempt by one actor to substitute his judgment for another actor's on the grounds that such an imposition will improve the welfare of the target actor. After discussing and defending this definition, I note how our unease with paternalism seems to grow as we scale up from the interpersonal to the international, which I argue owes to the evaporation of community and equality. After exploring the implications of this definition and distinguishing it from other forms of intervention, I consider how different elements of paternalism combine to generate different configurations. Specifically, I point to five dimensions that are most relevant for examining the paternalism found in contemporary global and humanitarian governance: the tools used to restrict another actor’s liberty ; the scope of the interference ; the purpose of the intervention ; the source of the paternalizer’s confidence ; and the mechanisms of accountability. These different elements often correlate historically, suggestive of two ideal types of global paternalism: strong and weak. Contemporary global and humanitarian governance is largely the weak variety: force is severely proscribed, interference is relatively restricted, the paternalizer’s confidence has epistemic roots, and accountability to local populations remains a noble but rarely practiced goal. I further speculate that a major reason for this difference is the effects of liberalism and rationalization. I use this taxonomy to suggest how two different global efforts to improve the lives of those peoples living in what were perceived to be unstable and illiberal territories — the civilizing missions of the nineteenth century and the peacebuilding operations of the post-Cold War period — exhibited different kinds of paternalism. I conclude by reflecting on the ethics of international paternalism. (shrink)

Controversies surrounding social media platforms have provided opportunities for institutional reflexivity amongst users and regulators on how to understand and govern platforms. Amidst contestation, platform companies have continued to enact projects that draw upon existing modes of privatized governance. We investigate how social media companies have attempted to achieve closure by continuing to set the terms around platform governance. We investigate two projects implemented by Facebook (Meta)—authenticity regulation and privacy controls—in response to the Russian Interference and Cambridge Analytica controversies (...) surrounding the 2016 U.S. Presidential Election. Drawing on Goffman’s metaphor of stage management, we analyze the techniques deployed by Facebook to reinforce a division between what is visible and invisible to the user experience. These platform governance projects propose to act upon _front-stage data relations:_ information that users can see from other users—whether that is content that users can see from “bad actors”, or information that other users can see about oneself. At the same time, these projects relegate _back-stage data relations_—information flows between users constituted by recommendation and targeted advertising systems—to invisibility and inaction. As such, Facebook renders the user experience actionable for governance, while foreclosing governance of back-stage data relations central to the economic value of the platform. As social media companies continue to perform platform governance projects following controversies, our paper invites reflection on the politics of these projects. By destabilizing the boundaries drawn by platform companies, we open space for continuous reflexivity on how platforms should be understood and governed. (shrink)

Most people presume that government is always responsible for providing solutions to pollution problems, including transportation pollution. This paper examines the validity of this argument from a minarchist libertarian, property rights principles perspective, and concludes that government cannot solve these problems using command-and-control legislation. The primary policy suggested for government to adopt is the strict adherence to property rights protection and enforcement regarding polluters, including themselves. Further encouragement of market forces could be accomplished by stopping interference (...) within the market at critical points, namely the production of roads, production and sales of automobiles, and the subsidization of alternative fuels. (shrink)

The Australian Productivity Commission and a Joint Select Committee on Gambling Reform have recommended implementation of a mandatory pre-commitment system for electronic gambling. Organizations associated with the gambling industry have protested that such interventions reduce individual rights, and will cause a reduction in revenue which will cost jobs and reduce gaming venue support for local communities. This article is not concerned with the design details or the evidence base of the proposed scheme, but rather with the fundamental criticism that a (...) mandatory pre-commitment policy is an unacceptable interference with the liberty of the individual, and of organizations. It is argued that the concept of paternalism is a useful lens with which to study the interactions between business and society on this issue. It is contended that the benefits of a pre-commitment system to problem gamblers and society are socially and economically significant, and the cost to recreational gamblers, particularly the cost in terms of interference with the liberty of the individual, is minimal. Pre-commitment also requires gambling businesses to act in a more socially responsible manner. It is concluded that the proposed legislation constitutes a paternalistic intervention by government on the interaction between business and society, and that this is justified. (shrink)

To make behavioral choices that are in line with our goals and our moral beliefs, we need to gather and consider information about our current situation. Most information present in our environment is not relevant to the choices we need or would want to make and thus could interfere with our ability to behave in ways that reflect our underlying values. Certain sources of information could even lead us to make choices we later regret, and thus it would be beneficial (...) to be able to ignore that information. Our ability to exert successful self-governance depends on our ability to attend to sources of information that we deem important to our decision-making processes. We generally assume that, at any moment, we have the ability to choose what we pay attention to. However, recent research indicates that what we pay attention to is influenced by our prior experiences, including reward history and past successes and failures, even when we are not aware of this history. Even momentary distractions can cause us to miss or discount information that should have a greater influence on our decisions given our values. Such biases in attention thus raise questions about the degree to which the choices that we make may be poorly informed and not truly reflect our ability to otherwise exert self-governance. (shrink)

As a public director of a NASDAQ stock exchange listed public corporation, I have seen how quickly the reforms in corporate governance imposed by the Sarbanes-Oxley Act have changed procedures and policies in public corporations. In areas such as transparency of financial records and other financial matters including compensation of top executives and conflict of interest policies affecting both corporate boards of directors and employees of the corporation the reforms of this new federal law have quickly changed corporate practices in (...) many corporations. Many persons who have studied this new law believe that these changes will benefit the public, shareholders, employees, and other stakeholders in the modern corporation by increasing the reputation of these organizations for integrity and transparency. Stock exchanges such as NASDAQ and the New York Stock Exchange now require all listed companies to have (after a transition time) a majority of independent directors on their boards of directors. Only independent directors may serve on the audit, nominating and compensation committees of boards in most cases. Some exceptions are made to these rules for foreign and domestic issues of companies where a majority of the voting power is held by one person. According to Morrison & Foster LLP, Corporate Board Advisory March , 2004, NASDAQ requires that the board of directors of a listed company determine that an independent director does not have a relationship that would “interfere with the exercise of independent judgment” in carrying out the responsibilities of a director. (shrink)

The emergence of the field of health care at a distance, or “telehealth,” has been embedded within discourses of high ambition about health improvement, seamless services, empowerment, and independence for patients. In this article, the authors examine how telehealthcare technologies assume certain forms of patients—or “telepatients”—who can be mobilized and combined with images and artifacts that speak for them in the clinical encounter. Second, a tentative intervention is made in these emerging identities in the form of facilitating some alternative discourses (...) about telehealthcare. The aim is to stimulate debate by presenting and contrasting these different approaches to technology development. Such differences take material and discursive shape in the making and unmaking of telepatients, showing important interferences in the shaping of identity and possibilities for governance and participation. (shrink)

Could there be a moral duty for consumers to buy fair trade products? Even more dramatically, could there be a moral duty for governments to support fair trade products? This essay argues that the answer to both questions may well be affirmative – where I am thinking of consumers and governments of (relatively) affluent countries such as Western countries. In relation to the first question, the existence of a moral duty to buy fair trade products goes against the idea that, (...) in their consumer behavior, individuals are morally free to choose as they please or prefer. In relation to the second question, the existence of a moral duty for governments to support fair trade products goes against the idea that governments should not interfere with markets, among other things because these markets are thought of as devices that give voice to consumer preferences. In this essay, I will try to show why despite such doubts, there may still be a moral duty for consumers to buy and for governments to support fair trade products. By fair trade products I shall mean products that take account of some minimal standard of protection for producers, and possibly also for the environment. (shrink)

This article examined the personal profiles of the Heads of Government of countries in South/North America and how they communicated with their audiences on institutional measures to contain COVID-19. Analyses were carried out on data collected from Twitter from November-2019 to November-2020. This study includes: i)quantitative analysis, measuring categories and emphases in the communication of tweets, retweets, likes, and comments on matters relevant to the pandemic; ii)qualitative analysis that allowed evaluating speeches to identify political interference and the effectiveness (...) of communication at critical moments of the pandemic. It was possible to infer that each president has his singularities and understanding about Social Media’s use as a more direct communication tool with his audience. It was also found that successful communication is not directly proportional to the volume of messages on Twitter, but to socio-political aspects and institutional leadership that can make a difference in Social Media in combating COVID-19. (shrink)

There has, in recent decades, been considerable scholarship regarding the moral aspects of corporate governance, and differences in corporate governance practices around the world have been widely documented and investigated. In such a context, the claims associated with moral relativism are relevant. The purpose of this paper is to provide a detailed consideration of how the metaethical and normative claims of moral relativism in particular can be applied to corporate governance. This objective is achieved, firstly, by reviewing what is meant (...) by metaethical moral relativism and identifying two ways in which the metaethical claim can be assessed. The possibility of a single, morally superior model of corporate governance is subsequently considered through an analysis of prominent works justifying the shareholder and stakeholder approaches, together with a consideration of academic agreement in this area. The paper then draws on the work of Wong, firstly in providing an argument supporting metaethical moral relativism and secondly regarding values of tolerance and/or accommodation that can contribute to the normative claim. The paper concludes by proposing an argument that it is morally wrong to impose a model of corporate governance where there are differences in moral judgements relevant to corporate governance, or to interfere with a model in similar circumstances, and closes with consideration of the argument’s implications. (shrink)

The central task of this book is to map a subtle but significant addition to the political discourse on liberty since the early modern period; a gradual shift of focus form the individual secure in spheres of non-interference, or acting in accordance with authentic desires and beliefs, to the actions of a self at liberty. Being free stands opposed, classically, to being in someone else’s power, being subject to the will of another – in particular, to being constrained by (...) the intentional actions of others. “Constrained” usually means having choices or opportunities taken away or limited by the designs of others. But what if we press the connection between intentions and constraints a bit further, focusing less on negative constraints and more on enabling ones? Constrained or unfree, that is, not simply through a limitation of choices or options, but where free choices and intentions themselves become the object of theoretical and practical attention. What does it mean to be free or unfree in relation to these kinds of “constraints”? (shrink)

During Abbasid Dynasty, Shurta Institution (Police) was one of the disciplinary and security systems whose duty was establishing order and security as well as fighting against the corrupt people and criminals i.e. Ayyaran. During the third period of Abbasid dynasty, which is known as Buyids era, the institution of Shurta experienced a number of changes in comparison with the first Abbasids periods, some of which were. the direct interference of the governors of buyids in appointing Sahib Al-Shurta (Shurta administrator), (...) paying the guaranty fee of this job to the treasury of Buyids in order to accept those jobs by those who were appointed to do so, and also political considerations in appointing Sahib Al-Shurta. In addition, at the end of the dominance of Buyids on caliphate of Abbasids and the beginning of their decline, another period of caliph’s interference was observed in appointing the administrators of the Shurta of Baghdad. This paper is aims at to study and analyze the function of this institution during the period of Buyids dominance on Caliphate of Abbasids in Baghdad (955-1068) and some of its consequences, as well as dealing with security circumstances of that period. (shrink)

This article discusses the manipulation and measurement of levels of situational self-focus, which is generally labeled ''self-awareness.'' A new scale was developed to quantify levels of public and private self-awareness. Five studies were conducted to assess the psychometric properties, reliability, and validity of the Situational Self-Awareness Scale (SSAS). The SSAS was found to have a reliable factor structure, to detect differences in public and private self-awareness produced by laboratory manipulations, and to be sensitive to changes in self-awareness within individuals over (...) time and across situations. The SSAS can be used as a manipulation check of laboratory self-awareness manipulations and as a means of assessing naturally occurring fluctuations in public and private self-awareness in order to clarify the relation between self-awareness and other variables (e.g., mood and memory). (shrink)

Government interference in free enterprise is growing. Should they intercede in business ethics and corporate responsibility; and if so, to what extent? The Morality of Business: A Profession for Human Wealthcare goes beyond the utilitarian case in discussing the various elements of business ethics, social policy, job security, outsourcing, government regulation, stakeholder theory, advertising and property rights. "Professor Machan has done it again! Profit seeking behavior by business is ethical and prudent, but it only can be ethical (...) when a person is free, and that depends upon having private property rights. Business ethics is not about ‘corporate citizenship,’ as so many others seem to believe. The contemplative life, so highly valued by many in academe, is made possible by the success of those in commerce. Which one lives a more ethical life? Read Machan’s, The Morality of Business for his answer." -Don Booth, Chapman University, California, USA. (shrink)

This paper investigates whether philanthropic giving decisions and amount of charitable giving are related to firms’ political connections and ownership type. To this end, Chinese firms listed on either the Shenzhen or Shanghai stock exchange between 2004 and 2011 are examined, where government interference in the business sector is prevalent, state ownership structure is dominant, and corporate political connections prevail. Our analyses show a significant and positive relationship between political connections and the likelihood and extent of firm contributions; (...) a significant and negative relationship between state ownership and extent of firm contributions; and a stronger relationship between political connections and corporate philanthropy in non-state-owned firms. These findings with regard to the relationship between corporate giving, political connections, and ownership type have important implications for understanding corporate giving behavior in China and in emerging markets in general. (shrink)

Nuclear power has never been free from the stifling involvement of government. Heavy regulation has reduced the ability of entrepreneurs to develop and provide new means for the generation of energy using nuclear fuel. The strict parameters dictated by government officials are based upon outdated technology, an improper regulatory philosophy, and preclude innovation in nuclear power generation. Anti-market environmentalists misunderstand the implications of a free market in nuclear power and argue against it based on problems that are actually (...) caused by government involvement. Our position is neither for nor against nuclear power. We advocate a hands-off policy where the nuclear industry is left to its own devices, free from governmental regulations and subsidies: free to succeed or fail on its own. Thus, our position is neither right-wing conservative (removing regulations), nor left-wing liberal (removing subsidies). Very much to the contrary of both positions, we propose a free-market in nuclear power. (shrink)

Many people have been enraged lately by the enormous increases in certain generic prescription drugs. But free marketeers defend these prices by arguing that they simply represent what the market will bear, and in a capitalist society there is accordingly nothing wrong with charging them. This paper argues that such a defense is actually contrary to the very principles that free marketeers claim to embrace. These prices are not only unjust and exploitative, but government interference with them would (...) not render the market less free, at least if what it means for a market to be “free” is properly understood. Everyone, even free marketeers with a libertarian or neoliberal bent, should accordingly be against this kind of profiteering. (shrink)

This book provides a multidisciplinary analysis of the potential conflict between a government’s duty to protect children and a parent’ right to raise children in a manner they see fit. Using philosophical, bioethical, and legal analysis, the author engages with key scholars in pediatric decision-making and individual and religious rights theory. Going beyond the parent-child dyad, the author is deeply concerned both with the inteests of the broader society and with the appropriate limits of government interference in (...) the private sphere. The text offers a balance of individual and population interests, maximizing liberty but safeguarding against harm. Bioethics and law professors will therefore be able to use this text for both a foundational overview as well as specific, subject-level analysis. Clinicians such as pediatricians and gynecologists, as well as policy-makers can use this text to achieve balance between these often competing claims. The book is written by a physician with practical and theoretical knowledge of the subject, and deep sympathy for the parental and family perspectives. As such, the book proposes a new way of evaluating parental and state interventions in children's’ healthcare: a refreshing approach and a useful addition to the literature. (shrink)

Journalists enjoy unprecedented freedom from government interference to gather facts from sources, but journalistic tradition and custom restrict the freedom of journalists to report fact as they see it. This study critically examines the concept of objectivity and proposes an alternative philosophy for encouraging ethical behavior. The first section of the article focuses on the ideological and occupational origins of objectivity and identifies the conflict between these two perspectives Next, the study reviews contemporary literature in regard to objectivity, (...) showing how the concept has evolved, and why objectivity as a journalistic norm needs reevaluation. Third, the study proposes linking the occupational norms and standards of objective journalism with a subjective existentialism, which is more consistent with the ideological definition of objectivity. Finally, the study proposes that journalists improve ethical behavior by developing an existential ethic emphasizing individual responsibility. (shrink)

Purpose The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan Constitution of 2017. Design/methodology/approach Focus group discussions were done with 35 Libyan journalists, 12 of them from the Constitution Committee, while 23 of them reported the update of the constitution in the Libyan Parliament. Findings The results of the study indicated that there were media laws articles that did not conform to (...) the international laws and United Nations treaties, which the Libyan Parliament committee approved. Another finding from the journalists was the Constitution should provide and guarantee press freedom, while media laws articles approved to put a paragraph about “censorship” in the press and media as a tool to silence government opposition. In addition, journalists indicated future constitution should redraft Article 38 to conform with Article 19 of the “International Covenant on Civil and Political Rights,” to support the “principles of freedom of expression and information” without control. Moreover, Article 46 needs to be changed and linked to the “provisions of international law on the right of information access” to improve the access and dissemination of information in the media. Practical implications Redrafting the constitution articles in the future can be summarised as follows: First, the Libyan Constitution should provide and guarantee press freedom without any censorship and include clear articles to protect journalists in conflict zones. Second, Articles 37,132 and 38, about “freedom of information and publication,” need to be redrafted to link with Article 19 of the “International Covenant on Civil and Political Rights,” to support the principles of freedom of expression and information, and the use of this right must not be subject to prior control. Third, Article 46 needs to be changed and linked to the provisions of “International law on the Right of Access to Information” to improve access and dissemination of information in the media to protect confidentiality sources. The most important articles should be implemented because after the Arab Spring revolutions, there was a transitional period in societies and a change in the constitutions of Tunisia and Egypt. They developed legal articles about media freedom so that Libya resembles other Arab countries. From that point, the journalists recommended that all information should be protected from government interference to ensure transparency, combat corruption and protect independent journalists. These articles will open the way to add more development articles to media freedom rules in the Journalists’ Syndicate. Fourth, there are also various types of threats encountered by journalists in their work. In pursuit of their right and freedom of expression, they recommended that Libya must establish an independent self-regulatory media that are free from political and economic influence. Fifth, journalists need licenses for them to work through the syndicate. The new syndicate should play an active role to safeguard the rights of journalists, activists and media entities to carry out their work and end the self-censorship. Sixth, the constitution should also add articles to end the impunity and change the articles in the penal code. Overall, the journalists covering the conflict and war are encountering threats, violence and imprisonment. As a result, Libyan journalists must seek new legislation to defend independent journalism and freedom of expression in their deeply divided country. In addition, they need to have a strong central authority to defend journalists and journalism in wartime, where journalists are regularly threatened, abducted and sometimes killed. Also, the Libyan Journalists Syndicate should stress the importance of the media’s self-regulation to guarantee their rights to freedom of expression, grant their readers’ respect and minimise government’s interference. Finally, they need to develop new laws to grant media freedom from regulations and restrictions, as well as defend and promote democracy, the citizens’ right to be informed, as well as their right to discuss and disseminate information. There is also the need to implement articles in the constitution, articles about the protection of political speech, which would be specific enough to differentiate between what is legally permitted and what may be ethically offensive. Originality/value This study will help the new Libyan parliament after the legislative elections on 24 December 2021 to amend the media laws articles in the constitution. (shrink)

Limited research has focused on the influence of judge independence on firms' corporate social responsibility (CSR), despite extensive literature examining the impact of the legal environment on CSR. To address this gap, we analyze the staggered adoption of judicial delocalization reform in China. This reform aimed to enhance local judges' independence and our analysis shows that firms have exhibited higher CSR scores since its implementation. Our channel analysis reveals an increase in lawsuits and monetary claims against firms due to the (...) reform, indicating that firms engage in CSR activities to mitigate the negative effects of legal proceedings. The impact of the reform on CSR is stronger for high-litigation-risk firms and weaker for politically connected firms. Moreover, the positive relationship between the reform and CSR is more pronounced in regions with higher levels of government interference with judges before the reform. In summary, our findings highlight the important role of a supportive legal environment in fostering CSR, emphasizing the influence of judge independence. (shrink)

As concerns heighten over links between biomass production and land grabs in the global south, attention is turning to understanding the role of governance of biofuels systems, whereby decision-making and conduct are not solely determined through government regulations but increasingly shaped by non-state actors, including multi-stakeholder initiatives. Launched in 2005, Bonsucro is the principal MSI that focuses on sustainability standards for sugar and sugarcane ethanol production. Bonsucro claims that because it is free from government interference and draws (...) on scientific metrics, their standards transcend localized, political–economic contexts. In this paper, we illustrate how the local context shapes the prospects for Bonsucro sustainably certified biofuel production in relation to land and water grabs. To accomplish this, our case focuses on Colombia, which has used a range of national policy mandates to establish itself as one of the larger producers of agrofuels in Latin America. We draw on interviews with stakeholders in the sugar and ethanol industries, paired with an examination of Bonsucro principles on land rights and water use, to illustrate how the sugar industry is framing their participation in Bonsucro, and the effects of the increasing intensification of sugarcane for ethanol production on land and water access for communities. We find that within the context of Colombia, efforts such as Bonsucro provide a veil of legitimacy and authority to a system that is premised on deeply entrenched historical patterns of inequitable land ownership patterns and access to natural resources. (shrink)

This article examines the relationship between everyday talk, the reproduction of political ideology and the interactional accomplishment of situated identities through analyzing how institutional members index neoliberal ideology in their everyday interactions. Analysis of audio- and video-recorded data from racially diverse business members of two Texas chambers of commerce illustrates how chamber members indirectly index neoliberal ideology through taking stances toward government policies. White, upper class participants display neoliberal stances through using complaints – constituted by questions, humor, idioms and (...) inference-rich terms – about the Affordable Care Act because it is a form of government interference that increases taxes and the federal deficit. Minority business members use discursive strategies such as double-voiced discourse and self-repairs to balance tensions between criticizing neoliberal ideology because it does not benefit minorities yet still orient to its taken-for-granted value in their business community. Overall, while participants’ interactions generally seem to operate within the structural constraints of neoliberal ideology, our analysis illustrates how participants take up neoliberal ideology in situated ways that, at times, provide avenues for negotiating the relevance of neoliberal ideology to everyday life. (shrink)

Our image of Herbert Spencer is that of a bald, dyspeptic bachelor, spending his days in rooming houses, and fussing about government interference with individual liberties. Beatrice Webb, who knew him as a girl and young woman recalls for us just this picture. In her diary for January 4, 1885, she writes: Royal Academy private view with Herbert Spencer. His criticisms on art dreary, all bound down by the “possible” if not probable. That poor old man would miss (...) me on the whole more than any other mortal. Has real anxiety for my welfare—physical and mental. Told him story of my stopping cart horse in Hyde Park and policeman refusing to come off his beat to hold it. Want of public spirit in passers-by not stopping it before. “Yes, that is another instance of my first principle of government. Directly you get state intervention you cease to have public spirit in individuals; that will be a constantly increasing tendency and the State, like the policeman, will be so bound by red-tape rules that it will frequently leave undone the simplest duties.”1 Spencer appears a man whose strangled emotions would yet cling to a woman whose philosophy would be completely alien to his own, as Webb’s Fabian Socialism turned out to be. Our image of Darwin is more complex than our image of Spencer. We might think of him nestled in the bosom of his large family, kindly, and just a little sad. The photo of him taken by Julia Cameron reveals the visage of an Old Testament prophet, though one, not fearsome, but made wise by contemplating the struggle of life on this earth. These images have deeply colored our reaction to the ideas of each thinker. The pictures are not false, but they are cropped portraits that tend to distort our reactions to the theories of each. If we examine the major features of their respective. (shrink)

This paper analyses J.S. Mill's theory on the relationships between individual autonomy and State powers. It will be argued that there is a significant discrepancy between Mill's general liberal statements aimed to secure individual largest possible autonomy and the specific examples which provide the government with quite wide latitude for interference in the public and private spheres. The paper outlines the boundaries of government interference in the Millian theory. Subsequently it describes Mill's elastic paternalism designed to (...) prevent people from inflicting harm upon others as well as upon themselves, from soft paternalism on issues like compulsory education to hard paternalism on very private matters such as marriage, having children, and divorce by consent. (shrink)

In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light. Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues of wealth (...) are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom. This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today. Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, _The Meaning of Property_ offers a compelling new view of property and freedom and enriches our understanding of democratic society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Confucian Rituals and the Technology of the Self:A Foucaultian InterpretationHahm ChaibongIntroductionModern political theory is "liberation" theory. Liberalism pivots on the idea of individual liberty, defined largely as freedom from government interference in private lives. All major versions of it, from the Lockian social-contract theory to the Rawlsian theory of justice, focus on protecting the rights of the individual. Marxism and other leftist political theories revolve around the (...) notion of recovering and liberating the original freedom of humanity that has been corrupted or otherwise twisted out of recognition by modern society and its institutions. Rousseau, Marx, and Freud all long for the "total revolution" that will free humanity from the decadence of modern society, capitalism, and even civilization itself.1 In marked contrast to modern Western political theories, Confucianism emphasizes harmony in interpersonal relationships and affirms the role of the family, the community, and the state as essential components of a just and humane society. Civilization is considered both the means and the end of human flourishing, not something to be limited, abolished, or otherwise overcome. In terms of its "micro-theory," Confucianism emphasizes self-discipline, ritual propriety, and moral uprightness, not individual freedom and liberation.At first sight, the disciplined, proper, and moralistic Confucian might seem a far cry from the free, independent, and spontaneous individual of liberalism. The strong emphasis placed on human-relatedness and social harmony, enforced by elaborate codes of ritual conduct, would seem to encourage "rational adjustment to the world," not revolutionary incitement to change it. Confucianism is thus often regarded as the premodern political theory par excellence by modern political theorists. From the May Fourth Movement through the Great Cultural Revolution to the Asian Values debate, Confucianism has always stood as the symbol of feudalism and as the single greatest obstacle to modernity, hindering the development of a scientific outlook, class consciousness, and liberal democratic values.In what follows, however, I argue that the Confucian practices of self-discipline and ritual propriety are quite suitable for a democratic society. Indeed, not only is Confucianism suitable for democracy, but it also fills an important lacuna in modern democratic theory. In a liberal-democratic society, citizens are given ever more freedom to exercise their rights. However, theories of negative freedom and other "primacy-of-rights" theories have privileged individual liberty and rights to such an extent that citizens in a modern democracy have little basis for mutual consultation, deliberation, and agreement. As a result, there is very little in liberal theory, or in [End Page 315] theories of the left, for that matter, that deals with concrete ways in which freedom can be exercised. Confucian theories and practices of self-discipline and ritual propriety can fill this gap in liberal theory.In making this point, I enlist the help of Michel Foucault. Foucault's investigations of ancient Greek and Roman technologies of the self in his later works show that the practices of self-cultivation, self-discipline, and ritual conduct do not necessarily inhibit freedom.2 In fact, such practices are indispensable for the proper practice of freedom. Moreover, Foucault's now-famous investigation of the logic of power, discipline, truth, and knowledge provides a profound insight into the nature of freedom and its practice that is not to be found in currently dominant liberal theories. It provides an important antidote to the common misconception that selfdiscipline and ritual propriety are contrary to individual freedom. Foucault thus provides us with a new perspective from which to investigate and affirm the democratic potential of Confucianism.The Scrutable Body and LiIn the Western philosophical tradition, the metaphysical, the transcendental, or the purely rational has always been the "real." The Platonic eidos, the Christian soul, the Cartesian cogito, and the Kantian noumena all emphasize the priority and the primacy of the metaphysical over the physical as the repository of truth, beauty, and reality. The physical body, on the other hand, has been viewed as the corrupted shadow of the ideal form, the prison of the soul, a mere physical extension or a passing phenomenon. Modern psychology, Freudian or otherwise, emphasizes the conscious/unconscious as the realm that determines our being and character. In contrast... (shrink)

The First Amendment to the US Constitution protects commercial speech from government interference. Commercial speech has been defined by the US Supreme Court as speech that proposes a commercial transaction, such as marketing and labeling. Companies that produce products associated with public health harms, such as alcohol, tobacco, and food, thus have a constitutional right to market these products to consumers. This article will examine the evolution of US law related to the protection of commercial speech, often at (...) the expense of public health. It will then identify outstanding questions related to the commercial speech doctrine and the few remaining avenues available in the United States to regulate commercial speech including the use of government speech and addressing deceptive and misleading commercial speech. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Calvin's Political Theology and the Public Engagement of the Church: Calvin's Two Kingdoms by Matthew J. TuiningaGuenther ("Gene") HaasCalvin's Political Theology and the Public Engagement of the Church: Calvin's Two Kingdoms Matthew J. Tuininga CAMBRIDGE: CAMBRIDGE UNIVERSITY PRESS, 2017. 258 PP. £69.99 / £27.99In recent years, a vigorous debate has arisen within Reformed circles concerning the nature of the two kingdoms theology of John Calvin. Although all recognize (...) that Calvin articulated a distinction between the spiritual kingdom of the church and the political kingdom of the state, there is disagreement over [End Page 211] the nature of the engagement of Christians with the temporal kingdom and over what should guide the state in enacting civil justice and order.The Kuyperian Neo-Calvinist movement holds a transformationalist understanding of the engagement of members of the spiritual kingdom with all vocations and spheres of life. Alternatively, two kingdoms Reformed theologians, such as David VanDrunen and Michael Horton, argue that the Reign of Christ is confined to the spiritual kingdom and must not be brought to bear directly on the temporal kingdom. Matthew Tuininga's book supports the latter view in his exposition of Calvin's political theology. Tuininga argues that Calvin articulated a sharp distinction between church and political society, such that politics is seen not as "a means of transforming society into the kingdom of God according to the dictates of Christian scripture, but as an endeavour to secure temporal order and civil righteousness in accord with reason, natural law, and the virtues of charity and prudence" (1).Tuininga begins by situating Calvin and his two kingdoms theology in their historical and political context, indicating Calvin's concern for the autonomy of church contra government interference. The central chapters (3–6) present the eschatological basis for Calvin's two kingdoms doctrine and detail the development of this theme in Calvin's thought. The Kingdom of God is identified with the church and its spiritual authority. It is distinct from the state's temporal authority, whose role is to maintain civil righteousness and order. To support this distinction between the mandate of the two kingdoms, Tuininga presents in chapter 7 the novel, and debatable, claim that Calvin holds to two covenants of God with Israel: the covenant of grace made with Abraham and confirmed at Sinai and the narrower covenant of the law for Israel's national life, in which God's blessings and punishments were conditional on Israel's obedience and disobedience. Although this legal covenant—with its earthly and temporal character—is embedded in the broader covenant of grace, it is abolished with the fulfillment of the covenant of grace in the coming of Christ. Only the covenant of grace—with its heavenly, inward, and spiritual character—remains in force for God's people today.Chapter 8 argues that Calvin's views on the mandate of the magistrate to protect religion and enact public justice is based not on appeals to scripture but to reason, the evidence of national laws, and natural philosophy. In chapter 9 Tuininga unfolds the implications of Calvin's two kingdoms theology for Christian political involvement in society. And in his conclusion, Tuininga unfolds numerous ways that this two kingdoms theology can guide contemporary Christians' engagement with modern liberal democracies.This work is a welcome exposition of Calvin's political theology to support the two kingdoms theology. However, in addition to the novel, and debatable, claim that God made two covenants with Israel, this reviewer finds that Tuininga's exposition fails to incorporate key points in Calvin's thought: the failure of civil rulers' to enact natural law faithfully and consistently (2.2.13, 23; 3.14.2), [End Page 212] the description of the calling of civil authority as "holy and lawful before God … the most sacred and by far the most honorable of all callings" (4.20.4), and Calvin's claim that the best rulers are those governing according to both tables of the Decalogue (4.20.9–11). Nevertheless, this book is an important contribution to the ongoing debate and should be widely read.Guenther ("Gene") HaasRedeemer University CollegeCopyright © 2018... (shrink)