Karen Barad develops a view she calls ‘posthumanism,’ or ‘agential realism,’ where the human is reconfigured away from the central place of explanation, interpretation, intelligibility, and objectivity to make room for the epistemic importance of other material agents. Barad is not alone in this kind of endeavor, but her posthumanism offers a unique epistemological position. Her aim is to take a performative rather than a representationalist approach to analyzing ‘socialnatural’ practices and challenge methodological assumptions that may go unnoticed in some (...) disciplinary fields. Yet for all the good of the challenge, Barad must support it with sound epistemological theorizing, theorizing that would apply to any methodology, whether that be sociological, historical, anthropological, or philosophical. Thus, where one might critique Barad on her assessments of sociological, historical, or anthropological incorporations of humans and the nonhuman, I critique Barad’s epistemology on its sense of objectivity and dismissal of the centrality of the human. I argue that Barad’s epistemology must retain a particular form of humanism, a humanism that stakes human subjectivity as the locus of rationality and objectivity, without which it creates intractable problems. To recuperate Barad’s challenge to contest assumptive distinctions while avoiding her epistemological problems, I offer some parting reflections. (shrink)

Realism about the external world enjoys little philosophical support these days. I rectify this predicament by taking a relatively pragmatist line of thought to defend commonsense realism; I support commonsense realism through an interpretation and application of Donald Davidson’s notion of triangulation, the triangle composed of two communicators coordinating and correcting their responses with a shared causal stimulus. This argument is important because it has a crucial advantage over the often used abductive argument for realism. My argument avoids unwarranted conclusions, (...) whereas the abductive argument is “inflationary” because it reaches beyond the limits of evidence for its realist conclusion. To illustrate the problems of the abductive argument and motivate my Davidsonian approach, I take a brief look at the abductive argument for realism in Frederick Will’s work. (shrink)

This article presents the unpublished Byzantine lead seals from the archaeological collection of Mystras which now are stored in the depots of the Museum of Mystras.The first seal names a Michael Barys . Probably he was bishop of Helos, known from another seal with metrical inscription which has not been fully read until now. – The second is a seal of an imperial protospatharios and tourmarches Spartaron Ioannes . This military unit is attested by this seal and other three parallel (...) pieces from the collection of Dumbarton Oaks. The name Spartaron and the fact that this seal was found in Sparta can be taken as evidence for the existence of a military unit which recalls the capabilities and fighting prowess of the Ancient Spartans. – The third lead seal mentions a vestarches and judge of the Velum, of Peloponnesos and Hellas Petros Serblias. It describes an unknown stadium of the career of Petros Serblias, a person already known from other sources.At the end four metallic plates are presented, found near to the Upper Gate of the castle of Mystras, which are caps for bottles of theriaca, a well known antiseptic medicine from the apothecary of Due Mori in Venice .Two of the seals were found in a recently unearthed Byzantine olive-press in a quarter of Byzantine Sparta where the city was expanded in the time between the tenth and twelfth century. (shrink)

Objective theories of human well-being typically focus on goods such as friendship, knowledge, autonomy, and achievement that are realized by everyone or almost everyone, are realized often in life, and are typically quite important to people. In this paper, I defend the possibility of minor objective goods—goods that still benefit people independently of their subjective attitudes toward them, but which are somewhat less prominent in life. Some examples are experiences of humor, care for young children, care for animals, engagement (...) with nature, and engagement with places or objects of cultural significance. I argue that these goods can be defended in the same way as more widely-recognized objective goods—by appealing to considered judgments about well-being. I further argue that there is no reason to rule out a long list of goods and that the minor goods I have mentioned cannot be subsumed under other recognized objective goods. Even thinkers who endorse a connection between human flourishing and human well-being should affirm the goods I have listed, since these goods can be defended as part of human flourishing. (shrink)

abstract In this paper I develop a characterization of disability according to which disability is in no way a sub-optimal feature. I argue, however, that this conception of disability is compatible with the idea that having a disability is, at least in a restricted sense, a harm. I then go on to argue that construing disability in this way avoids many of the common objections levelled at accounts which claim that disability is not a negative feature.

The Scandinavian welfare states are known for their universal access to healthcare; however, health inequalities affecting ethnic minority patients are prevalent. Ethnic minority patients' encounters with healthcare systems are often portrayed as part of a system that represents objectivity and neutrality. However, the Danish healthcare sector is a political apparatus that is affected by policies and conceptualisations. Health policies towards ethnic minorities are analysed using Bacchi's policy analysis, to show how implicit problem representations are translated from political and societal discourses (...) into the Danish healthcare system. Our analysis shows that health policies are based on different ideas of who ethnic minority patients are and what kinds of challenges they entail. Two main issues are raised: First, ethnic minorities are positioned as bearers of ‘culture’ and ‘ethnicity’. These concepts of ‘othering’ become both explanations for and the cause of inappropriate healthcare behaviour. Second, the Scandinavian welfare states are known for their solidarity, collectivism, equality and tolerance, also grounded in a postracial, colour‐blind and noncolonial past ideology that forms the societal self‐image. Combined with the ethical and legal responsibility of healthcare professionals to treat all patients equally, our findings indicate little leeway for addressing the discrimination experienced by ethnic minority patients. (shrink)

Se examina el trasfondo subjetivo de Respuesta a la pregunta: ¿qué es la ilustración?, que anuncia la condición antropológico-política de la minoría de edad; mostrándose que su objetivo es lograr la ilustración del Estado a partir de dicha condición. Finalmente, se expone cómo la minoría de edad es la traslación antropológica del despotismo político, y cómo este se traduce lógico-subjetivamente en los prejuicios. The article examines the subjective background of Answering the Question: What Is Enlightenment? A text in which the (...) anthropological and political condition of minority is announced. It is shown that the objective of Kant's article is to achieve the enlightenment of the State taking such condition as starting point. Finally, it is shown how minority is the anthropological translation of political despotism and how it is logically and subjectively translated into prejudices. (shrink)

The aim of this article is to demonstrate that globalization, as it proceeds today, will only lead to a clash of civilizations and to the destruction of the fragile cultural identities. This leads to folds of the cultural minorities and the seeking of their recognition that can be expressed through violence. For globalization to succeed in integrating its noble objective of all cultures, it must proceed by inclusion instead of being exclusive. Intercultural dialogue has a central role in such a (...) globalization to achieve peace between cultures. In this dialogue, the community paradigm of African cultures can be used as a model for approaching any culture. (shrink)

Objectives: Clinical trials in humans in Germany—as in many other countries—must be approved by local research ethics committees . The current study has been designed to document and evaluate decisions of chairpersons of RECs in the problematic field of non-therapeutic research with minors. The authors’ purpose was to examine whether non-therapeutic research was acceptable for chairpersons at all, and whether there was certainty on how to decide in research trials involving more than minimal risk.Design: In a questionnaire, REC chairpersons had (...) to evaluate five different scenarios with non-therapeutic research. The scenarios described realistic potential research projects with minors, involving increasing levels of risk for the research participants. The chairpersons had to decide whether the respective projects should be approved.Methods: A total of 49 German REC chairpersons were sent questionnaires; 29 questionnaires were returned. The main measurements were approval or rejection of research scenarios.Results: Chairpersons of German RECs generally tend to accept non-therapeutic research with minors if the apparent risk for the participating children is low. If the risk is clearly higher than “minimal”, the chairpersons’ decisions differ widely.Conclusion: The fact that there seem to be different attitudes of chairpersons to non-therapeutic research with minors is problematic from an ethical point of view. It suggests a general uncertainty about the standards of protection for minor research participants in Germany. Therefore, further ethical and legal regulation of non-therapeutic research with minors in Germany seems necessary. (shrink)

The article examines the case of springtime bird hunting in Åland from a moral point of view. In Åland springtime hunting has been a cultural practice for centuries but is now under investigation due to the EU Directive on the protection of birds. The main question of the article is whether restrictions on bird hunting have a sound basis. We approach this question by analysing three principles: The animal rights principle states that if hunting is not necessary for survival, it (...) cannot be morally justified. Therefore hunting merely to engage in a cultural custom is morally suspect. In the light of the species conservation principle the hunting is questionable due to the fact that it seems to have a diminishing effect on the species populations. The formal principle of justice makes up a more difficult question since the special position of the minorities in regard to the use of natural resources is generally recognised so that they have the right to maintain their cultural practices. We claim, however, that even though cultural practices have substantial value and can be the object of special rights, they should be coherent with other principles. The springtime bird hunt in Åland does not accord with the relevant moral principles and for this reason we conclude that the basis for its continuation is weak. (shrink)

The article examines the case of springtime bird hunting in Aland from a moral point of view. In Aland springtime hunting has been a cultural practice for centuries but is now under investigation due to the EU Directive on the protection of birds. The main question of the article is whether restrictions on bird hunting have a sound basis. We approach this question by analysing three principles: The animal rights principle states that if hunting is not necessary for survival, it (...) cannot be morally justified. Therefore hunting merely to engage in a cultural custom is morally suspect. In the light of the species conservation principle the hunting is questionable due to the fact that it seems to have a diminishing effect on the species populations. The formal principle of justice makes up a more difficult question since the special position of the minorities in regard to the use of natural resources is generally recognised so that they have the right to maintain their cultural practices. We claim, however, that even though cultural practices have substantial value and can be the object of special rights, they should be coherent with other principles. The springtime bird hunt in Aland does not accord with the relevant moral principles and for this reason we conclude that the basis for its continuation is weak. (shrink)

This paper studies ‘minority’ initiatives to organize sports games. A meta-analysis of published data in the literature identifies the formal appearance taken by each of these initiatives under the Olympic model. But it also conduces to build a number of indicators to answer a series of questions about their logic and strategies. All the initiatives studied are based on an ambivalent posture that, while based on the denunciation of a discriminating space, claim access to it. By an astonishing paradox, ‘non-normative’ (...) actors are driven to reclaim a model that, under cover of Universal, aims to establish a norm that is situated and dated. In practice, they use two types of strategies: a strategy for participation in the Olympics to transform them into a space which represents a fight against exclusion, or a strategy to create alternative events. Whatever the strategy, these initiatives are implemented according to their objectives. Differentiated in their forms—participatory or autonomy—they are also in their purpose. The comparison of these initiatives shows that ultimately, beyond strategies and logic inherent in different social, historical and organizational contexts, the mobilizations of the actors reveal the same ambivalence about the sports model conveyed by the Olympic institution. (shrink)

In 1990, Antonio Negri pointed out some problems with Deleuze's political philosophy. Substituting infra-structures for life or desire, as constitutive dimensions of power formations, did not imply giving up on Marx, but it certainly did imply a change in the table of conceptual analysis and a profound renovation of the questions that pertain to militant praxis. Taking this into account, we intend to explore the sense of a rare fidelity to Marx, and a certain idea of intellectual commitment that, reframing (...) its objects and its instruments, pretends to renew political thinking in order to confront the unforeseeable of new knowledge, new techniques and new political facts. (shrink)

Treatment of sick children of Jehovah's Witness and Christian Scientist families at times presents significant dilemmas to American medicine and ethics, for modern healthcare professionals rely heavily on active treatment, and withholding of some treatments is a central religious tenet for Witnesses and Scientists. In important instances, physicians, nurses, ethicists, and courts may wish to set aside traditional religious beliefs and values when medical values support treatment to which adherents of these sects at times object.

In the debate on conscientious objection in healthcare, proponents of conscience rights often point to the imperative to protect the health professional’s moral integrity. Their opponents hold that the moral integrity argument alone can at most justify accommodation of conscientious objectors as a “moral courtesy”, as the argument is insufficient to establish a general moral right to accommodation, let alone a legal right. This text draws on political philosophy in order to argue for a legal right to accommodation. The moral (...) integrity arguments should be supplemented by the requirement to protect minority rights in liberal democracies. Citizens have a right to live in accordance with their fundamental moral convictions, and a right to equal access to employment. However, this right should not be unconditional, as that would unduly infringe on the rights of other citizens. The right must be limited to cases where the moral basis is more fundamental in a sense that all reasonable citizens in a liberal democracy should accept, such as the constitutive role of the inviolability of human life in liberal democracies. There should be a legal, yet circumscribed, right to accommodation for conscientious objectors refusing to provide healthcare services that they reasonably consider to involve the intentional killing of a human being. (shrink)

To do minor activist research is to create and make use of critical neologistic vocabularies hopefully balancing the ascetic impoverishment of direction and syntax in majority vocabularies when conceptualized as universals. To do minor activist research is therefore to unsettle received discourses, narratives, and material social practices of power to develop means of resistance in new and different registers. To do minor activist research is to train the imagination for a collaboratively accomplished re/presentation of data through creating (...) points of encounters, thus engendering an affirmative perspectivist’s ethos. Re/presenting data as a space in which one’s own thinking is challenged, hence providing a perspective of the storying practices across participants and across different disciplinary, ideological, or personal boundaries within the researcher’s and the researched specific positioning. This requires getting everyone to participate in the “analysis” of data, and then getting everyone “inside” the text: situating data-inquiries in immanence. It therefore demands a liberation from old scripts, and challenges how everyone is transformed into text, with perspectivism being simultaneously means and objective for avoiding the reproduction of both old scripts and ethics. Our goal is to enhance (self)reflexivity regarding knowledge production and research methodologies, to influence actual research practices through fostering a more inclusive, open, and collaborative approach to research that transcends traditional boundaries and embraces the fluid and hybrid nature of knowledge production. Ultimately, turning the concept of ethics through minoring into a thinking hub and pedagogy for change. The first and theoretical section is on how to ethically represent data in a new-empiricist and post qualitative environment. We call it data-philosophy. Our ontological approach brings its own concepts, which reflect the perspectives from which we argue. In the three next sections, we follow up by looking more closely into these ideas in re/presenting empirical qualitative research to invite hybrid and fluid configurations. Here, activist research refers to bringing actors into our thinking about the data, to accentuate the collaborative, open to thinking differently through staying close to the data. We then bring it all together in a section on the rebirth of language, to open for what we refer to as a storying personifying, thereby storying data together as a process of becoming, of mutuality and affect as a source of agency. We argue that this creates a theory of science and ethics in data analysis, and in re/presenting data, which are closely entangled. (shrink)

Is it justified to detect minor genetic aberrations before birth and terminate pregnancies based upon such information? We present the case of a woman who wanted Prenatal Diagnosis to detect whether her female fetus was a Haemophilia mutation carrier. Such carriers are usually healthy.She wished to eradicate the Haemophilia mutation from her family to avoid future generations being affected and to protect her children from having to go through PND themselves. We explore existing practice guidelines, public attitudes and possible (...) objections to providing PND for minor abnormalities. We argue that in a society where couples have considerable autonomy relating to decisions about the fetus at least until viability, the routine restriction of PND for minor genetic abnormalities would be an unjust infringement of individual liberty. (shrink)

Will Kymlicka ha sido considerado como compatibilizador de liberales y comunitaristas en cuanto a los derechos de las minorías. Su distinción entre derechos de grupo como protecciones externas y como restricciones internas buscó dar cuenta de las reivindicaciones minoritarias sin vulnerar el principio liberal de autonomía. En este artículo se buscan dos objetivos: primero, adoptar una perspectiva crítica, al afirmar que tal distinción soslaya el eje central de la discusión, esto es, la problemática de la titularidad del derecho, y, segundo, (...) proponer una nueva clasificación de los derechos aplicables a las minorías que sea capaz de servir de modelo para futuros diseños institucionales. Will Kymlicka has attempted to harmonize the positions of liberals and communitarians with respect to minority rights. His distinction between group rights as external protections and internal restrictions sought to account for minority vindications without violating the liberal principle of autonomy. The objective of this article is twofold: first, to adopt a critical perspective by arguing that said distinction avoids the core of the discussion, that is, the issue of ownership of rights, and, second, to proposed a new classification of rights applicable to minorities that can serve as a model for future institutional designs. Will Kymlicka tem sido considerado como compatibilizador de liberais e comunitaristas quanto aos direitos das minorias. Sua distinção entre direitos de grupo como proteções externas e como restrições internas pretendeu dar conta das reivindicações minoritárias sem vulnerar o princípio liberal de autonomia. Este artigo apresenta dois objetivos: primeiro, adotar uma perspectiva crítica ao afirmar que essa distinção elude o eixo central da discussão, isto é, a problemática da titularidade do direito; segundo, propor uma nova classificação dos direitos aplicáveis à s minorias que seja capaz de servir de modelo para futuros desenhos institucionais. (shrink)

There are at present two ways in which to evaluate religiously-based claims to accommodation in the legal context. The first, objective approach holds that these claims should be grounded in « facts of the matter » about the religions in question. The second, subjective approach, is grounded in an appreciation by the courts of the sincerity of the claimant. The first approach has the advantage of accounting for the difference between two constitutional principles : freedom of conscience on the one (...) hand, and freedom of religion on the other. It has the disadvantage of transforming courts into expert bodies on religious matters. The subjective approach has a harder time accounting for the distinction. It also risks giving rise to a proliferation of claims. A plausible synthesis between the two approaches requires that we uncover the normative grounds justifying the granting by liberal democracies of religious accommodation. An analogous argument to that put forward by Kymlicka in the case of minority nations identifies the interest that citizens have in being able to exercise their « cultural agency » : the creative reappropriation and reinterpretation of the rituals, practices and norms of religious traditions.Il existe à l’heure actuelle dans le contexte juridique deux principales approches à l’évaluation de la légitimité des demandes d’accommodement pour des motifs religieux. La première, objective, affirme que ces demandes doivent pouvoir s’appuyer dans des faits concernant la religion en question. La seconde, subjective, s’appuie sur l’appréciation de la sincérité de la demande faite par le requérant. La première approche a l’avantage de rendre compte de la distinction entre les deux principes constitutionnels que sont, d’une part, la liberté de conscience, et de l’autre, la liberté de religion. Elle a l’inconvénient de tendre à ériger les tribunaux en « experts » sur des questions religieuses. L’approche subjective rend plus difficilement compte de la distinction entre les deux principes, et de plus risque de donner lieu à une prolifération de demandes. Pour atteindre une synthèse plausible de ces deux approches, il nous faut identifier les fondements normatifs justifiant l’intérêt que les démocraties libérales ont à reconnaître une telle catégorie d’accommodements. En prenant appui dans le célèbre argument de Kymlicka justifiant les droits de nations minoritaires, nous pouvons identifier un intérêt que ces types d’État ont à protéger les conditions permettant aux citoyens de manifester leur « agentivité culturelle », leur capacité à s’identifier en se les réappropriant et en les réinterprétant les normes, pratiques et rites issues de traditions religieuses. (shrink)

Drawing on her pioneering work in feminist standpoint theory, Harding articulates and defends the “strong objectivity” program, which she subsequently tests against recent discussions of objectivity and against postcolonialist science and technology studies. Strong objectivity starts with an examination of the experiences of individuals, such as women and minorities, who have traditionally been excluded from knowledge production in order to criticize prevailing standards of objectivity - especially the “weak objectivity” of allegedly value-neutral science - and to articulate stronger standards of (...) objectivity. This stance assumes that by adopting a standpoint outside of a discipline, one can achieve the distance required to critically assess the values, interests, and assumptions of that discipline. As Harding makes clear, this program is not merely interested in criticizing dominant research practices to improve the reliability and validity of science, but it is an inherently social and political project aimed at articulating standards that can produce science for social justice movements. After identifying various ways in which the strong objectivity program is consonant with major themes in recent science and technology studies research (e.g., historical work on the concept of objectivity, the dynamic co-evolution of science and society, theoretical pluralism), Harding responds to some potential objections to strong objectivity, e.g., accusations of relativism. By way of conclusion, Harding outlines her vision of a “new unification of multiple sciences” as a possible fruit of the strong objectivity program, wherein the global sciences are unified and harmonized by common goals of obtaining knowledge and developing more socially responsible societies. (shrink)

Is conscientious objection necessarily incompatible with the role and duties of a healthcare professional? An influential minority of writers on the subject think that it is. Here, we outline...

One of the proofs expressing certain knowledge in fiqh method is ijma. There are hardly any scholars who do not accept that ijma is evidence. It is reported that the first person who objected to this was Mu'tazilî İbrahim en-Nazam. The group that does not accept it as a sect are the scholars who belong to the Imamiyya. It is possible to say that mujtahid scholars have been unanimous since the first period mujtahids on the fact that ijmā is evidence, (...) with a few exceptions. Although there is no significant disagreement about the fact that ijma is evidence, the scholars differed on the details of ijma's types, conditions, proofs, and the number of people who would agree on ijma. One of the issues discussed by the scholars of the methodology is the effect of ijmaa when one or more people oppose the majority of the mujtahids. While some of the methodists think that the opposition of the minority against the alliance of the majority will not harm the ijma, the majority of them argue that all mujtahids must be of the same opinion in order for the ijma to be formed. Basically, it can be said that these two approaches argue with each other, but there are also proceduralists who deal with the issue differently. Some scholars take into account the attitude of the majority towards them in an issue opposed by one or a few people. According to these scholars, if the majority does not oppose the opinion of the minority, then ijma cannot be mentioned. Because this shows that the majority also respect the opposing view. If the majority does not respect or even oppose the opinion of the minority, then the consensus of the majority becomes ijma.The arguments generally used in these discussions are the same. Usulists defend their theses based on the opposing views of some of the Companions, especially Ibn Abbas. Those who do not see the opposition of the minority as an obstacle to ijma, argue that although one or more of the Companions had dissenting views, as in the example of Ibn Abbas on riba and mut'a, the consensus of the other Companions is the ijma of the scholars. Likewise, those who argue that this is an obstacle to ijma, as well as Ibn 'Abbas's opposition to the opinion of the populace on awl, was an obstacle to the formation of ijma on an issue agreed by the other Companions.This study deals with the discussions and the arguments used by the parties. However, firstly, the information value and conditions of ijma, which is thought to be closely related to these discussions, are briefly presented. In the study, the explanations of the scholars of different sects, who were not content with the works of a certain school, were examined and tried to be evaluated. As a result, it should be noted that it is the prevailing view that the opposition of the minority against the majority will prevent the formation of ijma, based on the conditions put forward in order for ijma to be conclusive evidence. However, it has come to the conclusion that whether the opposing view of the minority is taken into account by other scholars is effective in the formation of ijma. (shrink)

The study analyses the issues of protection of national minorities from the perspective of international law. The study consists of three parts. In the first part, the author reveals the understanding of a national minority on the basis of objective and subjective features. This part focuses on such problematic issues as national minorities and citizenship, non-dominant position of a national minority. The second part of the study concentrates on international minorities as subjects of international law. The author analyses international legal (...) subjectivity of national minorities. A question is raised whether the rights of national minorities are individual or collective rights. The third part of the study focuses on the analysis of normative basis for the protection of national minorities. The author notes that the monist system exists in the Republic of Lithuania regarding the relation of international and national law. Under this system, the international treaties ratified by the Lithuanian Parliament (Seimas) are seen as an indivisible part of the legal system of the Republic of Lithuania. Therefore, the Convention for the Protection of National Minorities is an international treaty that is directly applicable in the legal system of the Republic of Lithuania. The fourth part of the study focuses on the question whether Lithuania should become a party to the European Charter for Regional or Minority Languages. Although this issue is complex and includes the problems of political, economic, legal and other nature, the author focuses on the legal analysis of the problems related to the participation in the Charter. It is emphasised that the Charter is not the only document that ensures the linguistic rights of national minorities. Under the Law on International Treaties of the Republic of Lithuania, while considering participation in the Charter, the right of treaty initiative should be implemented, and the question of efficiency of the treaty must also be solved. (shrink)

In his recent book Scientific Explanation and the Causal Structure of the World Wesley Salmon provides a detailed explanation of objective homogeneity, a concept which is central to his S-R model of explanation. 1 propose a modification of Salmon's definition which both simplifies and (in minor ways) corrects it, while at the same time generalizes it by including an important temporal factor that is missing from the original. I argue that if the world is irreducibly stochastic, then objective probabilities (...) (determined by objective homogeneous reference classes) must be temporally relativized. We can speak coherently of the objective probability of a particular event relative to a given point in time, but not of the objective probability of the event simpliciter. I briefly explore the consequences, of the temporal relativity of objective homogeneity for Salmon's attempt to secure an objective (nonepistemic, nonpraagmatic) S-R basis for causal explanation. (shrink)

Criminal law abolitionists claim that legal punishment cannot be morally justified and that we should therefore abolish criminal law. While this is still a minority position in the current debate, the number of proponents has been increasing, and even opponents have developed a certain degree of sympathy for such claims in recent years. Yet one of the reasons many remain hesitant regarding the abolition of criminal law appears to be the lack of a thought-through alternative, in addition to abolitionists disagreeing (...) considerably amongst themselves on what an alternative should look like. I will call this the missing alternative objection. To address this central concern, I will argue in this paper that the most prominent versions of abolitionism actually converge on the same alternative core to criminal law — even though they are driven by vastly different motivations. This core that current abolitionist theories converge on is two-fold: first, the claim that the state should compel offenders to provide restitution for the victim; second, the claim that restorative processes should be used wherever possible when addressing criminal wrongdoing. This common core is enough to reject the missing alternative objection. (shrink)

Defensor Minor follows the basic objective of the works of Marsilio de Padua: the critique of the theocratic conception of papal power. Some of the aspects here studied include the nature of power, the differences and relationships between divine law and human law and the coactive character of both.

States in northern Nigeria are the latest in a list of political entities around the world formalizing religious law, or institutionalizing Shari'ah, into their public law system. Shari'ah applies in many Muslim-majority countries in the realm of personal law. However, when it is expanded and made to apply as part of public law, it carries enormous constitutional implications. This article examines the institutionalization of Shari'ah in twelve northern states of Nigeria in year 2000 and the likely implications on the constitutionally (...) guaranteed rights of non-Muslim minorities in those states. Muslims' objection to the methodology of human rights discourse stems mostly from the need to maintain integrity of the family, safeguard the interests of the community in addition to those of the individual, and preserve religious belief as manifested in ritual and in daily life. The author argues that the core issue in preserving Muslim values without trampling on the rights of the minorities lies in finding a synergy for simultaneous application of Shari'ah and human rights. A synergy is imperative because neither has proved to be satisfactorily workable at the public law level for contemporary Muslims—neither Shari'ah as represented by fiqh literature, nor the secular oriented human rights. It concludes that it is the goal of justice that should be immutable rather than the means for achieving the goal. Therefore, reconciling Islam with protection of non-Muslim rights in a Muslim-majority constitutional democracy should present less conceptual difficulties and social tension than is presently the case. (shrink)

Background: Black, Asian and minority ethnic groups have a high need for organ transplantation but deceased donation is low. This restricts the availability of well-matched organs and results in relatively long waiting times for transplantation, with increased mortality risks. Objective: To identify barriers to organ donor registration and family consent among the BAME population, and to develop and evaluate a training intervention to enhance communication with ethnic minority families and identify impacts on family consent. Methods: Three-phase programme comprising community-based research (...) involving two systematic reviews examining attitudes and barriers to organ donation and effective interventions followed by 22 focus groups with minority ethnic groups; hospital-based research examining staff practices and influences on family consent through ethics discussion groups with staff, a study on intensive care units and interviews with bereaved ethnic minority families; and development and evaluation of a training package to enhance cultural competence among ICU staff. Setting: Community focus group study in eight London boroughs with high prevalence of ethnic minority populations. Hospital studies at five NHS hospital trusts. Participants: Community studies: 228 focus group participants; hospital studies: 35 nurses, 28 clinicians, 19 hospital chaplains, 25 members of local Organ Donation Committees, 17 bereaved family members; and evaluation: 66 health professionals. Data sources: Focus groups with community residents, systematic reviews, qualitative interviews and observation in ICUs, EDGs with ICU staff, bereaved family interviews and questionnaires for trial evaluation. Review methods: Systematic review and narrative synthesis. Results: Community studies: Organ Donor Register – different ethnic/faith and age groups were at varying points on the ‘pathway’ to organ donor registration, with large numbers lacking knowledge and remaining at a pre-contemplation stage. Key attitudinal barriers were uncertainties regarding religious permissibility, bodily concerns, lack of trust in health professionals and little priority given to registration, with the varying significance of these factors varying by ethnicity/faith and age. National campaigns focusing on ethnic minorities have had limited impact, whereas characteristics of effective educational interventions are being conducted in a familiar environment; addressing the groups’ particular concerns; delivery by trained members of the lay community; and providing immediate access to registration. Interventions are also required to target those at specific stages of the donation pathway. Hospital studies: family consent to donation – many ICU staff, especially junior nurses, described a lack of confidence in communication and supporting ethnic minority families, often reflecting differences in emotional expression, faith and cultural beliefs, and language difficulties. The continuing high proportion of family donation discussions that take place without the collaboration of a specialist nurse for organ donation reflected consultants’ views of their own role in family consent to donation, a lack of trust in SNODs and uncertainties surrounding controlled donations after circulatory death. Hospital chaplains differed in their involvement in ICUs, reflecting their availability/employment status, personal interests and the practices of ICU staff. Evaluation: professional development package – a digital versatile disk-based training package was developed to promote confidence and skills in cross-cultural communication. Initial evaluation produced positive feedback and significant affirmative attitudinal change but no significant difference in consent rate over the short follow-up period with requirements for longer-term evaluation. Limitations: Participants in the focus group study were mainly first-generation migrants of manual socioeconomic groups. It was not permitted to identify non-consenting families for interview with data regarding the consent process were therefore limited to consenting families. Conclusions: The research presents guidance for the effective targeting of donation campaigns focusing on minority ethnic groups and provides the first training package in cultural competence in the NHS. Future work: Greater evaluation is required of community interventions in the UK to enhance knowledge of effective practice and analysis of the experiences of non-consenting ethnic minority families. Funding: The National Institute for Health Research Programme Grants for Applied Research programme. (shrink)

For many liberal democrats toleration has become a sort of pet-concept, to which appeal is made in the face of a myriad issues related to the treatment of minorities. Against the inflationary use of toleration, whether understood positively as recognition or negatively as forbearance, I argue that toleration may not provide the conceptual and normative tools to understand and address the claims for accommodation raised by at least one kind of significant minority: democratic dissenting minorities. These are individuals, or aggregates (...) of them, who oppose, on principled grounds, the outcomes of the majoritarian decision-making process. I argue that democratic dissenting minorities' claims are better understood as calls for respect for a person's capacity for self-legislation. I view respect as the cornerstone of justice in a liberal democracy: all norms resulting in a constraint on a person's conduct should be appropriately justified to her. I argue that the reconciliation of democratic dissenting minorities' claims requires an enhancement of the justificatory strategies of democratic decisions by enhancing in turn citizens' rights to political participation. This should be done both during decision making and after a provision is enacted by also securing space for contestation through such forms of illegal protest as civil disobedience and conscientious objection. (shrink)

The paper aims to describe the stakes of a Nietzschean influence on Deleuze's reflections on the transcendental and conversely to highlight the Deleuzian operation of politicising Nietzsche by ‘minorising’ him. In order to further understand such a complex relationship of becoming between Deleuze and Nietzsche, the first objective of the paper is to focus on active and reactive forces, which seem to be the core of this very relation. Thus, the paper suggests that micropolitics has its conditions of possibility in (...) the Nietzschean corpus and, in particular, in the symptomatology of decadence, resentment and nihilism. In this sense, now the title of the paper reveals its meaning: the whole Deleuzian operation could be summarised as the passage from the criticism and questioning of an image of Nietzsche ‘forbidden to minors’, typical of the interpretations of the first half of the twentieth century, to a becoming-minor of these very same Nietzschean concepts. It is precisely through such a becoming-minor that Nietzsche's diagnosis and concepts are translated in a political and emancipatory key, in order to give power to minorities. (shrink)

I address four major objections that have been advanced against the system of multiparty majority democracy that I proposed as an alternative to Wiredu’s non-party consensual democracy. First, that the system is not durable since it is structured around ill-defined ethnic groups; second, that since it envisions each ethnic group as a semi-autonomous entity, the system undermines the integrative process of nation-building; third, that, as a type of federalism, the system has no precedents on African soil, and consequently, that it (...) is likely to face the problem of imperfect fit; and fourth, that some African ethnic groups are too small to stand as semi-autonomous entities. I then underscore four advantages of my system over Wiredu’s: It honours the right of freedom of association; addresses the problem of the marginalisation of minority ethnic groups; reaps the benefits of both non-party and multiparty democracy; and entrenches the ingredients of consensual democracy. (shrink)

This is the last of the four essays in Part II of the book on liberalism and traditionalist education; all four are by authors who would like to find ways for the liberal state to honour the self-definitions of traditional cultures and to find ways of avoiding a confrontation with differences. One of the tasks of the book is to separate out different kinds of affiliation and the extent to which the arguments made about cultural recognition can be extended to (...) other objects of affiliation. Mark Halstead’s chapter on schooling and cultural maintenance for religious minorities in the liberal state provides a catalogue of the different types of groups that are to be found in liberal societies, and the different kinds of cultural and educational claims that are typically attached to each of them. His definition of minority group is useful in conceptualizing many of the papers in the volume. The chapter falls into three sections: Section 10.1, which looks at four types of disadvantaged minorities, attempts to distinguish non-Western fundamentalist religious minorities living in the West from other minorities that may experience disadvantage of various kinds in liberal societies; Section 10.2, on religious minorities in the liberal state, explores some of the educational and other difficulties encountered by such religious minorities in more detail, and typical liberal responses; Section 10.3, on rethinking the liberal response, contains some proposals that are designed to meet the educational needs of both the liberal state and the religious minorities at the same time. (shrink)

Kymlicka has offered an influential luck egalitarian justification for a catalogue of polyethnic rights addressing cultural disadvantages of immigrant minorities. In response, Quong argues that while the items on the list are justified, in the light of the fact that the relevant disadvantages of immigrants result from their choice to immigrate, (i) these rights cannot be derived from luck egalitarianism and (ii) that this casts doubt on luck egalitarianism as a theory of cultural justice. As an alternative to Kymlicka’s argument, (...) Quong offers his own justification of polyethnic rights based on a Rawlsian ideal of fair equality of opportunity. I defend luck egalitarianism against Quong’s objection arguing that if choice ever matters, it matters in relation to cultural disadvantages too. Also, the Rawlsian ideal of fair equality of opportunity cannot justify the sort of polyethnic rights that Quong wants it to justify, once we set aside an unwarranted statist focus in Quong’s conception of fair equality of opportunity. Whatever the weaknesses of luck egalitarianism are, the inadequacy of the position in relation to accommodating cultural disadvantages of immigrants is not among them. (shrink)

BackgroundThe Arab population in Israel is a minority ethnic group with its own distinct cultural subgroups. Minority populations are known to underutilize genetic tests and counseling services, thereby undermining the effectiveness of these services among such populations. However, the general and culture-specific reasons for this underutilization are not well defined. Moreover, Arab populations and their key cultural-religious subsets (Muslims, Christians, and Druze) do not reside exclusively in Israel, but are rather found as a minority group in many European and North (...) American countries. Therefore, focusing on the Arab population in Israel allows for the examination of attitudes regarding genetic testing and counseling among this globally important ethnic minority population.MethodsWe used a qualitative research method, employing individual interviews with 18 women of childbearing age from three religious subgroups (i.e., Druze, Muslim, and Christian) who reside in the Acre district, along with focus group discussions with healthcare providers (HCPs; 9 nurses and 7 genetic counselors) working in the same geographical district.ResultsA general lack of knowledge regarding the goals and practice of genetic counseling resulting in negative preconceptions of genetic testing was identified amongst all counselees. Counselors’ objective of respecting patient autonomy in decision-making, together with counselees’ misunderstanding of genetic risk data, caused uncertainty, frustration, and distrust. In addition, certain interesting variations were found between the different religious subgroups regarding their attitudes to genetic counseling.ConclusionsThe study highlights the miscommunications between HCPs, particularly counselors from the majority ethno-cultural group, and counselees from a minority ethno-cultural group. The need for nuanced understanding of the complex perspectives of minority ethno-cultural groups is also emphasized. Such an understanding may enhance the effectiveness of genetic testing and counseling among the Arab minority group while also genuinely empowering the personal autonomy of counselees from this minority group in Israel and other countries. (shrink)

Multiculturalism has become a central theme in many academic disciplines from philosophy to education, social work and psychology, ultimately reaching political science and law. What seems to be unique in current studies on multiculturalism is not merely the observance and display of societies that happen to be diverse in terms of the religious, cultural, national and ethnic affiliation of their members. Rather, it is the central argument that such divergence is legitimate and should be accommodated. Accepting other groups in society (...) and the legitimacy of accommodating them has become a virtue of tolerance.This paper argues that we must first look into multicultural theory itself to discover what can be called ‘multicultural qualifications’. These are in essence pre-conditions without the presence of which group accommodations, even if granted based on group membership, should not be considered as multicultural in nature. With multicultural theory as a backdrop, this article intends to identify such multicultural qualifications. The Palestinian-Arab minority in Israel is studied in its constellation as both a national minority group and as a religiously diverse group as an object for testing the application of the identified multicultural qualifications. (shrink)

Does intersectionality divide marginalized groups (e.g., women) along identity lines (e.g., race, class, and sexuality)? In response to the criticism that intersectional approaches to feminist and critical race theories lead to fragmentation and division, this paper notes that it relies on an ontological (mis)understanding of identity as a fixed entity. I argue against this notion of identity by engaging in a detailed case study of how Asian American women experience their Asian identity. The case study demonstrates that identity is lived (...) not as a pre-given static object but rather as a fluid and flexible process: what Asian identity means varies according to how this identity is related to the dynamics of power. I propose a tripartite taxonomy of identity-power relationships exhibited in Asian American women’s lives, in which identities are 1) constructed by and 2) used to reproduce power as oppression, as well as 3) used to build power as resistance. In particular, I explore Black and Asian feminist solidarities to show that those at the margins recreate their identities and, in doing so, build positive forms of power such as resistance and solidarity. The criticism that intersectionality leads to fragmentation does not hold, as it is grounded in a flawed notion of identity that fails to consider how identities are actually lived in their changing relationships to power—especially how marginalized groups, such as women of color, build solidarity to resist oppression by recreating their identities, rather than being fragmented into smaller and mutually exclusive subgroups. (shrink)

Multiculturalism has become a central theme in many academic disciplines from philosophy to education, social work and psychology, ultimately reaching political science and law. What seems to be unique in current studies on multiculturalism is not merely the observance and display of societies that happen to be diverse in terms of the religious, cultural, national and ethnic affiliation of their members. Rather, it is the central argument that such divergence is legitimate and should be accommodated. Accepting other groups in society (...) and the legitimacy of accommodating them has become a virtue of tolerance.This paper argues that we must first look into multicultural theory itself to discover what can be called ‘multicultural qualifications’. These are in essence pre-conditions without the presence of which group accommodations, even if granted based on group membership, should not be considered as multicultural in nature. With multicultural theory as a backdrop, this article intends to identify such multicultural qualifications. The Palestinian-Arab minority in Israel is studied in its constellation as both a national minority group and as a religiously diverse group as an object for testing the application of the identified multicultural qualifications. (shrink)

Decision-making capacity in children and adolescents in healthcare requires thorough assessment: the minor's maturity, understanding of the decision, risk of the situation and contextual factors needs to be explored. The intention was to design and validate a test—the Maturtest—to assess the maturity of minors in decision-making processes in healthcare. A reasoning test on moral conflicts for adolescents was designed to infer the degree of maturity of minors applied to decision-making regarding their own health. The test was completed by a (...) sample of 441 adolescents aged from twelve to sixteen, with a corresponding analysis of their psychometric skills to measure feasibility, viability, reliability, validity, and sensitivity to change. Psychometric test results showed viability, reliability, validity, and sensitivity to change. High correlation between the test score and the reference method were notable. A high stability was obtained with an intraclass correlation coefficient. The average response time of the test was twenty-three minutes. This test measures the moral maturity of adolescents. It is presented as an objective, useful, valid, reliable tool, easy to fill out, edit and apply in a healthcare context. It helps to assess the maturity of minors faced with a decision. (shrink)

I argue that Henry Heine's assessment of the English - that they are either universal geniuses or self-interested mediocrities - is prone to an objection that draws upon his own characterization. I tried to write this in an Edwardian style but the result is a mishmash.

This discussion note points to some verbal imprecisions in the formulation of the Enhanced Indispensability Argument. The examination of the plausibility of alternative interpretations reveals that the argument’s minor premise should be understood as a particular, not a universal, statement. Interpretations of the major premise and the conclusion oscillate between de re and de dicto readings. The attempt to find an appropriate interpretation for the EIA leads to undesirable results. If assumed to be valid and sound, the argument warrants (...) the rationality of the belief in an unusual variant of Platonism. On the other hand, if taken as it stands, the argument is either invalid or is unsound or does not support the mathematical Platonism. Thus, the EIA in its present form cannot serve as a useful device for the Platonist. (shrink)

Objective To examine medical students’ views on conscientious objection and controversial medical procedures.Methods Questionnaire study among Norwegian 5th and 6th year medical students.Results Five hundred and thirty-one of 893 students responded. Respondents object to a range of procedures not limited to abortion —notably euthanasia, ritual circumcision for boys, assisted reproduction for same-sex couples and ultrasound in the setting of prenatal diagnosis. A small minority would object to referrals for abortion. In the case of abortion, up to 55% would tolerate conscientious (...) refusals, whereas 42% would not. Higher proportions would tolerate refusals for euthanasia or ritual circumcision for boys.Discussion A majority of Norwegian medical students would object to participation in euthanasia or ritual circumcision for boys. However, in most settings, many medical students think doctors should not be able to refuse participation on grounds of conscience. A minority would accept conscientious refusals for procedures they themselves do not object to personally. Most students would not accept conscientious refusals for referrals.Conclusions Conscientious objection remains a live issue in the context of several medical procedures not limited to abortion. Although most would want a right to object to participation in euthanasia, tolerance towards conscientious objectors in general was moderate or low. (shrink)

Food advertising targeted at children is associated with the development of unhealthy eating habits and childhood obesity. In Spain, where one in every three children suffers from overweight, a voluntary regulation mechanism has been adopted to control such advertising, despite evidence of its ineffectiveness. This study's stated objective was to evaluate the grounds for implementing a policy that would ban the advertising of energy-dense, nutrient-poor food and beverages targeted at children in Spain, incorporating an ethical perspective in the analysis. Using (...) a bibliographic search of various databases, we reviewed the evidence for answering the seven questions posed by Walton et al.'s ethical evaluation framework, drawn up on the basis of the Nuffield Council on Bioethics Stewardship model. The results show that the proposed intervention is cost-effective, minimally intrusive, promotes healthy environments, acts on a vulnerable population, helps children lead healthy lifestyles, reduces social health inequalities, increases parents' individual freedom of choice and enjoys the support of scientists, health professionals and consumers alike. Accordingly, we feel that the time has come for food advertising directed to children in Spain to be statutorily regulated, by banning the promotion of EDNP products. (shrink)

The book addresses the representation of three groups of "others" in Israeli schoolbooks: Holocaust victims, presented as the stateless persecuted Jews "we" might become again if "we" lose control over the second group of "others" - Palestinian Arabs - who are racialized, demonized and Nazified, and presented as "our" potential exterminators. The third group comprises non-European (Mizrahi and Ethiopian) Jews, portrayed as backward people who lack history or culture, requiring constant acculturation by "Western" Israel. Thus, a rhetoric of victimhood and (...) power evolves, and a nationalistic interpretation of the "never again" imperative is inculcated, justifying the Occupation and oppression of Palestinians and the discrimination of non-European Jews. Advocating a multidirectional memory, the book proposes an alternative Hebrew-Arabic, multi-voiced and poly-centered curriculum that would relate the untold accounts of the people whom the pedagogic version of history seeks exclude. Instead of traumatizing and urging vengeance, it will encourage discussion and celebrate diversity and hybridity. (shrink)

The article studies the Jewish cemetery which provides a significant amount of historical information about various aspects of the life of the Jewish community which have long been out of focus. The objective of the research lies in proving the relevance of marginal culturally significant objects in the context of postmodern philosophy, as well as explaining and analyzing the compositional ways and peculiarities of plastic images of the facades of the gravestones in Kremenets, one of the Volyn areas of (...) the Jewish culture in the 18th century – the early 19th century. The article focuses on the most common method of studying the monuments of Jewish gravestone epigraphy. The methodology of the research is based on the regionalist approaches to the problem and the application of culturological, retrospective comparative-historical methods and the use of critical analysis. For the first time, the artistic and style peculiarities of the memorial plastic arts of Jewish cemetery in Kremenets are analysed and the historical factors that influenced them are explicated. It was proved that the historical and cultural value of the Jewish necropolis in Kremenets lies in its originality. The cemetery is one of the oldest in Europe and contains unique information on the history, customs and culture of the Jewish people. It can become a promising object of visit for postmodern consumers, interested in unpopular and marginal tourist artefacts. (shrink)

The ongoing debate over multiculturalism involves, among other issues, what might be called the quest for cultural validation: the desire of racial, ethnic, religious, and sexual minorities to be seen as legitimate in their own right. Black, feminist, and gay subcultures, among others, wish to assert their particular differences from prevailing social norms and want to be accepted by the larger culture they are challenging. Legitimacy will be achieved when society incorporates the subcultural differences as normal social variation and when (...) minorities secure the same rights and protections enjoyed by those in the mainstream. This process of validation and acceptance, slow though it may be, is characteristic of our liberal western democracy, so that the indigenous cultural "repertoire" or "palette" has become increasingly diverse. (shrink)

There is a tendency, a bad tendency, to make epistemic agency the central focus of epistemology. In brief, epistemologists have traditionally elevated epistemic agency as the crucial issue to be addressed, and ask all other epistemological questions in light of that issue. This is not surprising given the Cartesian influence on epistemology, but I argue that epistemic agency should not always be the central focus of epistemology. There are times when giving central place to epistemic agency gets in the way (...) of good epistemology. In this paper, I show how one approach to a communitarian epistemology falters precisely because of the primacy given to epistemic agency. Specifically, I take a close look at Lynn Hankinson Nelson?s notion of epistemological communities in terms of epistemic agency and analyze both its merits and its shortcomings. This is an important analysis for general consideration given the trend in non-traditional epistemologies to look towards social complexes as the real seats of knowledge. But this is also important because my analysis pushes one to consider an alternative framing concept for epistemology?that of epistemic practises instead of epistemic agency. (shrink)

ArgumentThis paper aims at contributing to the ongoing efforts to get a firmer grasp of the systematic significance of the entanglement of idealism and empiricism in Helmholtz's work. Contrary to existing analyses, however, the focal point of the present exposition is Helmholtz's attempt to articulate a psychological account of objectification. Helmholtz's motive, as well as his solution to the problem of the object are outlined, and interpreted against the background of his scientific practice on the one hand, and that of (...) empiricist and (transcendental) idealist analyses of experience on the other. The specifically psychological angle taken, not only prompts us to consider figures who have hitherto been treated as having only minor import for Helmholtz interpretation (most importantly J.S. Mill and J.G. Fichte), it furthermore sheds new light on some central tenets of the latter's psychological stance that have hitherto remained underappreciated. For one thing, this analysis reveals an explicit voluntarist tendency in Helmholtz's psychological theory. In conclusion, it is argued that the systematic significance of Helmholtz's empirico-transcendentalism with respect to questions of the mind is best understood as an attempt to found his empirical theory of perception in a second order, normative account of epistemic subjectivity. (shrink)