This paper explores two feminist contributions to the analysis of the social contract tradition, comparing the political philosophy of Carole Pateman with the moral theory of Jean Hampton, to ask two questions. First, which points must feminists continue to argue in their critique of the social contract tradition today? The second question is: Can feminists actually draw anything from the social contract tradition today? It argues that Pateman's critique of contractarianism continues to be useful when read in the context of (...) her analysis of “self‐ownership” and subordination rather than as a rewriting of the social contract. Hampton's deployment of a Kantian test for the failure of respect for personhood within domestic (and other) relationships does not undermine Pateman's position. Consideration of how such an ideal can be understood as potentially compatible with Pateman's perspective raises issues about the radical potential within claims for equal respect for personhood. In Hampton's work, widespread “test failure” can be used to indicate that political action rather than moral analysis is required. Hampton assumes that those employing the test are able to abstract themselves sufficiently from their current position to imagine what it would be to be treated as a person. It is argued that this “moral test” should be envisaged as being asked in concert with others, at which point it has the potential to become political action. (shrink)

How do we know which institutions provide good care? Some scholars argue that the best way to think about care institutions is to model them upon the family or the market. This paper argues, on the contrary, that when we make explicit some background conditions of good family care, we can apply what we know to better institutionalized caring. After considering elements of bad and good care, from an institutional perspective, the paper argues that good care in an institutional context (...) has three central foci: the purpose of care, a recognition of power relations, and the need for pluralistic, particular tailoring of care to meet individuals? needs. These elements further require political space within institutions to address such concerns. (shrink)

Conducting empirical research on gender in medical ethics is a challenge from a theoretical as well as a practical point of view. It still has to be clarified how gender aspects can be integrated without sustaining gender stereotypes. The developmental psychologist Carol Gilligan was among the first to question ethics from a gendered point of view. The notion of care introduced by her challenged conventional developmental psychology as well as moral philosophy. Gilligan was criticised, however, because her concept of ‘two (...) different voices’ may reinforce gender stereotypes. Moreover, although Gilligan stressed relatedness, this is not reflected in her own empirical approach, which still focuses on individual moral reflection. Concepts from social psychology can help overcome both problems. Social categories like gender shape moral identity and moral decisions. If morality is understood as being lived through actions of persons in social relationships, gender becomes a helpful category of moral analysis. Our findings will provide a conceptual basis for the question how empirical research in medical ethics can successfully embrace a gendered perspective. (shrink)

: The social model of disability gives us the tools not only to challenge the discrimination and prejudice we face, but also to articulate the personal experience of impairment. Recognition of difference is therefore a key part of the assertion of our common humanity and of an ethics of care that promotes our human rights.

In her Nobel speech in 2019, Olga Tokarczuk presented the category of tenderness as a new way of narrating the contemporary world. This article is a proposal for the analysis and interpretation of tenderness in ethical and aesthetic terms. (1) From an ethical perspective, tenderness is interpreted as an extension and complement of feminist relational ethics, i.e., the ethics of care. In the proposed approach, tenderness is a broader and more universal quality than care in the feminist understanding. This article (...) opens with a brief discussion of feminist interventions in ethics, with particular emphasis on the ethics of care. Next, the differences between care and tenderness are enumerated and described, in order to show how tenderness can serve as an extension and complement of the feminist ethic of care. These considerations are guided by the question of why tenderness is a better—more appropriate and more responsive to contemporary challenges—moral guidepost than care. (2) From the aesthetic perspective, tenderness is the negation of a contemplative, distanced, impersonal, and rational view of reality. As an aesthetic imperative, tenderness implies engaged experience of the beauty of reality in all of its manifestations. Therefore, in the last part of the article, existential tender attunement is described in aesthetic terms, as a position serving to sensitize others to the beauty and complexity of the post-anthropocentric world. (shrink)

Being sure of each other is the blossoming of Kimberley Brownlee’s earlier work on the intrinsic value and qualities of human connection (2013, 2016c, 2016b), opening with a scene from A. A. Milne’s House at Pooh Corner: lost in the woods together, Piglet takes Pooh’s paw ‘just to be sure’ of his friend. The importance of social connection is often overlooked because it is central to our lives, like breathable air. Brownlee’s work highlights the need for social connection, as deserving (...) of more philosophical attention and practical protection through rights. But her key insight is that receiving relational goods isn’t all that matters: being able and permitted to provide relational goods to others, as Piglet and Pooh receive and offer each other reassurance, is just as essential for our wellbeing. Brownlee argues these interests are strong enough to ground rights (2016c: 28). (shrink)

We explore contested meanings around care and relationality through the under-explored case of caring after death, throwing the relational significance of ‘bodies’ into sharp relief. While the dominant social imaginary and forms of knowledge production in many affluent western societies take death to signify an absolute loss of the other in the demise of their physical body, important implications follow from recognising that embodied relational experience can continue after death. Drawing on a model of embodied relational care encompassing a ‘me’, (...) a ‘you’ and an ‘us’, we argue that after death ‘me’ and ‘us’ remain (though changed) while crucial dimensions of ‘you’ persist too. In unravelling the binary divide between living and dead bodies, other related dichotomies of mind/body, self/other, internal/external, and nature/social are also called into question, extending debates concerning relationality and openness between living bodies. Through an exploration of autobiographical accounts and empirical research, we argue that embodied relationality expresses how connectedness is lived out after death in material practices and felt experiences. (shrink)

Should the liberal state accommodate the cultural traditions of minority groups even if these traditions infringe upon the rights of women? This article discusses two empirical cases that pose just this problem for public policy in the Netherlands: requests for surgical reconstruction of the hymen and gender-selective abortion. While hymen reconstruction is linked to a cultural norm that young women, but not young men, remain virgins until marriage, sex-selective abortion is linked to a cultural preference for sons. The autonomy of (...) women is at issue in these cases in two ways: the traditions limit their autonomy, yet it is the women who demand the medical intervention. The cases illustrate the complexities of women's agency under oppressive social conditions. The author develops a moral argument concerning these two cases that understands the women in question as moral agents, while taking into account these complexities. The article does not pit multicultural and feminist concerns against each other. Instead, it is argued that good feminism may well require acts of multiculturalism. It is not desirable, so it is argued, to restrict access to abortion or to ban hymen repair. (shrink)

This study examines local communities’ lived experiences and organizations’ care-giving processes regarding four oil and gas projects deployed in three countries. Analyzing the empirical data through the lens of ethics of care reveals that, together with mature justice, the inclination to care conceived at the focal organization creates an ethical culture encouraging caring activities by individuals at the local level. Through close communications with communities, project decision makers at the local level recognize the demanded care of local communities and develop (...) organizations’ caring capacity. The empirical analysis revealed that the care-giving process can also be influenced by the power dynamics of the network of stakeholders. This research emphasizes on the success of a bottom-up approach in caring for local communities, and sheds light on the capability of large organizations in giving care to their distal stakeholders by adopting this approach. Furthermore, it indicates that justice and care both have some useful characteristics and are complementary but, most importantly, are socially constructed and not mutually exclusive. (shrink)

Using the metaphors body and voice and drawing on critical contributions on biopolitics, this article interrogates children’s participation rights in a knowledge culture of ‘evidencing’. With child welfare and protection practice as an empirical example, I analyse written assessment reports from a Swedish child welfare agency, all exemplifying how social workers evidence needs for protection and reasons for removing children from the home. I discuss how ‘evidencing’ equals a knowledge culture of seeing-believing and predicting-believing and the search for visibly damaged (...) bodies and underdeveloped minds. I furthermore problematise how such conceptualisation of evidencing foregrounds children’s ‘speaking’ bodies while silencing their voices. By showing these manifestations of evidencing, this critical contribution discusses some wider epistemic concerns for fields influenced by the knowledge cultures of ‘the evidence-based’. (shrink)

Through the vehicle of Nicolas Sarkozy’s so-called “Dakar Address” we will analyse the West’s persisting lack of insight into the need for a Western decolonization. We will try to identify the dangers that come from this refusal, such as the abidance in colonial patterns, the enduring self-understanding as superior com-pared to Africa, and the persisting unwillingness to accept the colonial guilt. Decolonization has to be understood as a two-fold business. Decolonization is over-coming endured and perpetrated violence. It is not only (...) important that the colonial oppressed regain strength, it is equally important that the perpetrator of colonial violence understand their excess of violence and work on effecting its return impossible. We explain how Western thinking remains dangerous and untrustwor-thy if it refuses its own decolonization. Finally, we will draw attention to a fundamental pattern of Western thought that clashes with the fundamental values of the West: contempt. In a final step we suggest how this contempt can be overcome through desuperiorisation and the establishment of elative ethics. (shrink)

This short article provides an overview of "care ethics" for students who are new to moral theory.

The social model of disability gives us the tools not only to challenge the discrimination and prejudice we face, but also to articulate the personal experience of impairment. Recognition of difference is therefore a key part of the assertion of our common humanity and of an ethics of care that promotes our human rights.

L’éthique du care est confrontée à un problème qui a des allures de paradoxe : bien que sa politisation paraisse nécessaire, l’éthique du care ne semble pas pouvoir trouver en elle-même les ressources suffisantes à la formulation d’une théorie politique compréhensive. Il ne semble pas exister de théorie politique du care à part entière. Cet article examine la fécondité d’un rapprochement entre éthique du care et théorie néorépublicaine de la non-domination. Le résultat, non négligeable, serait de garantir des formes importantes (...) de protections aux activités de care, mais il cela n’empêcherait pas nécessairement les représentations négatives de ces activités, dont on peut supposer qu’elle est l’un des facteurs de la marginalisation et de la répartition inégale qui les affecte. Pour bloquer ces représentations dégradantes, il faudrait que le care soit discuté et défini dans l’espace public non seulement comme un lieu possible de la domination, mais comme un aspect fondamental et positif de la vie individuelle et collective. (shrink)

Patient participation in healthcare is highly promoted for democratic reasons. Older patients make up a large part of the hospital population but their voices are less easily heard by most patient participation instruments. The client council can be seen as an important medium to represent the interests of this increasing group of patients. Every Dutch healthcare institution is obliged to have a client council and its rights are legally established. This paper reports on a case study of a client council (...) in a hospital and shows how equality as the core democratic value manifests itself in practice and marginalizes the voices of older patients. Based on the work of Joan Tronto we show that sameness is the driving force behind the functioning of the client council which leads the council to operate as part of the hospital system. Consequently, important aspects of the hospital practice remain out of sight. To be of greater value for all patients we argue that successful patient participation requires not only equal opportunities but also ‘the condition of equal voice’. (shrink)

Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...) requirements and expectations of gendered verbal and nonverbal communication styles as well as appearance. We move on to address the impact of family on corporate leadership opportunities and success, discussing the asymmetrical evaluation of an individual’s potential, authority, and competence based on gender stereotypes of familial obligations and expectations. Finally, we address how gender impacts access to networking and sponsorship opportunities and the long-term effects of systematic limitations on women’s inclusion in the upper echelons of corporate leadership. We conclude with a summary of the questions and issues raised by our discussion and direct individuals to consider how different ethical systems and moral requirements might influence their interpretations of gender and leadership in the corporate workplace. (shrink)

This piece comprises short presentations given by contributors to a symposium organized by the journal Ethics & Social Welfare on the theme of global ethics for social work. The contributors offer their reflections on the extent to which universally accepted international statements of ethical principles in social work are possible or useful, engaging with debates about cultural diversity, relativism and the relevance of human rights in non-Western countries.

In times like these, a new ethico-political ideal is required to contest the adequacy of dominant understandings of social interaction as matters of choice and rational decision-making and in contesting these understandings encourage us to imagine social alternatives. We wish to make a contribution to this project of expanding the universe of political discourse as a means to invigorating ethico-political debate. A range of existing vocabularies — the languages of trust (and relatedly respect), care and associated concepts, including corporeal generosity (...) — are currently put forward as the means to contest the dominance of neo-liberal premises about `atomistic individualism'. While many of these accounts focus on nation-states, others attend to an emerging global community. Nevertheless, we have some reservations about these languages and their premises. In our view they tend frequently to locate the `problem' in the character of citizens. We also make the case that such languages and their associated political agendas reinstate aspects of social hierarchy that mimic neo-liberal conceptions of autonomous individualism. Central to our critique is the claim that the problematic aspects of these existing languages of (inter)connection are due to an attenuated understanding of embodiment and an inadequate dialogue between the socio-political and embodiment. It is this inadequate dialogue we wish to redress. In this paper we offer a new ethical ideal called `social flesh' to ground an alternative politics for reconfiguring exploitative social relations. As an ethico-political starting point, `social flesh' highlights human embodied interdependence and in the process configures a new, more transformative political vision. It draws attention to shared embodied reliance, mutual reliance, of people across the globe on social space, infrastructure and resources. Insistence upon this shared reliance underpins a profoundly levelling perspective, a radical politics. (shrink)

In this article the relevance of the feminist ethic of care for current Dutch social policies is elaborated. It starts from the observation that Dutch society is witnessing two intertwined processes: the relocation of politics and the relocation of care. Together these processes result in the need for new normative frameworks for social policy. Care has to become part of the practices of active citizenship, which should be based on notions of relationality and interdependence. Basic moral concepts of the ethic (...) of care, like attentiveness, responsibility, competence, responsiveness, trust and asymmetrical reciprocity are introduced. In the final part, the ethic of care is applied to two topical issues: policies on combining paid labour and care and generation-sensitive policies. Finally some norms are proposed to guide social policymaking. (shrink)

Twenty-five years ago, robotics guru Joseph Engelberger had a mission to motivate research teams all over the world to design the ‘Elderly Care Giver’, a multitasking personal robot assistant for everyday care needs in old age. In this article, we discuss how this vision of omnipotent care robots has influenced the design strategies of care robotics, the development of R&D initiatives and ethics research on use of care robots. Despite the expectations of robots revolutionizing care of older people, the role (...) of robots in human care has remained marginal. The value of world trade in service robots, including care robots, is rather small. We argue that the implementation of robots in care is not primarily due to negative user attitudes or ethical problems, but to problems in R&D and manufacturing. The care robots currently available on the market are capable of simple, repetitive tasks or colloquial interaction. Thus far, also research on care robots is mostly conducted using imaginary scenarios or small-scale tests built up for research purposes. To develop useful and affordable robot solutions that are ethically, socially and ecologically sustainable, we suggest that robot initiatives should be evaluated within the framework of care ecosystems. This implies that attention has to be paid to the social, emotional and practical contexts in which care is given and received. Also, the political, economic and ecological realities of organizing care and producing technological commodities have to be acknowledged. It is time to openly discuss the drivers behind care robot initiatives to outline the bigger picture of organizing care under conditions of limited resources. (shrink)

The current thesis discusses how tools for analysing power are developed predominately for adults, and thus remain underdeveloped in terms of understanding injustices related to age, ethnicity/race and gender in childhoods. The overall aim of this dissertation is to inscribe a discourse of intersecting social injustices as relevant for childhoods and child welfare, and by interlinking postcolonial, feminist, and critical childhood studies. The dissertation is set empirically within the policy and practice of Swedish child welfare, here exemplified by the assessment (...) framework Barns Behov i Centrum. It aims to explore how Swedish child welfare, as a field of knowledge, modes of knowing and knowing subjects, constitutes an arena for claims and responses to intersecting social justice issues. The material consists of BBIC primers and selected samples from, a total of 283 case reports from a Swedish social service agency. The case reports address assessments of children. This dissertation is based on four qualitative studies using discourse analysis, as well as analysis inspired by thematic and case-study methodology. Two studies focus on child welfare discourses in BBIC documents involving social problems and violence, and two studies are based on child welfare case reports. Studies I­­-II address child welfare policy and practice by analysing the conditions required for children to participate, in terms of children’s moral status and in terms of status of ‘evidencing’ needs for protection. Studies III­­-IV explore this further from the perspective of intersecting and embodied social injustices in childhoods. Together, the studies interconnect child welfare as a field of knowledge, modes of knowing and knowers with child welfare as a moral arena for claims to rights, recognition, and social justice. The synthesised findings point to child biowelfare, in which justice discourses are largely absent. Biowelfare is informed by a mode of knowing and ‘evidencing’ risks to children’s health and development, which are confined to scientific predicting-believing, seeing-believing by professionals and a moral economy of care, all of which constrain the idea that injustices are structural and intersecting. Biowelfare primarily responds to children as ‘speaking’ biological bodies, rather than as voices of justice. In this sense, injustices of an epistemological nature are interconnected with social injustices. When issues of justice are mobilised in case reports and policy, they come across as rather ‘unjust’, primarily confined to the sphere of the family home of racialised children and not connected to ‘general’ children. In addition to intersections of age, ethnicity/race and gender, class and health are fundamental to recognition and protection in biowelfare. Finally, the dissertation indicates the need for a moral economy which responds to intersecting social injustices such as racial, gender-based and ageist violence in childhoods, and violations of children’s bodily integrity. (shrink)

This paper examines older people’s access to care experiences in rural China by integrating anthropological investigation with ethical inquiry. Six months of fieldwork in a post-reform primary hospital show how rural residents struggle to access gerontological and nursing care under socially disadvantageous conditions. This anthropological investigation highlights the unmet needs in medical and nursing care for older people, as well as some social, institutional and structural elements that impede access to care. Centring on protecting the vulnerable as informed by feminist (...) ethics scholarship, this paper argues that the failure to meet older people’s dependency needs is unjust, on the premise that it suggests a denial of the inherent value, rights and dignity of older people. This paper appeals for the provision of greater care and support by the state through putting in place social arrangements that better advance older people’s access to care. Some policy recommendations concerning health and social care reform for older people in rural China are also proposed. (shrink)

In _Caring_, Peta Bowden extends and challenges recent debates on feminist ethics. She takes issue with accounts of the ethics of care that focus on alleged principles of caring rather than analysing caring in practice. Caring, Bowden argues, must be understood by 'working through examples'. Following this approach, Bowden explores four main caring practices: mothering, friendship, nursing and citizenship. Her analysis of the differences and similarities in these practices - their varying degrees of intimacy and reciprocity, formality and informality, vulnerability (...) and choice - reveals the practical complexity of the ethics of care. _Caring_ recognizes that ethical practices constantly outrun the theories that attempt to explain them, and Bowden's unique approach provides major new insights into the nature of care without resorting to indiscriminate unitary models. It will be essential reading for all those interested in ethics, gender studies, nursing and the caring professions. (shrink)

Self-advocacy organisations support people in a wide range of political activities, alongside providing key social networks. The emergence of formalised self-advocacy for intellectually disabled people marked an important cultural shift. These groups soon became associated with the pursuit of social change and the attainment of rights. The role of the self-advocacy support worker, working together with self-advocates, has been pivotal. However, studies have shown there has been concern over the relationship between self-advocates and those who advise or support them. Both (...) parties are aware of the potential tensions of supporters teaching people skills to take control, to manage their workers, whilst, perhaps inadvertently, assuming a powerful position in the relationship. This interesting paradox hints at ethical complexities inherent in the role. A key challenge facing these support workers is how they can support their employers to run successful organisations, without ?taking over?. Using material from both Chapman and Tilley's research of self-advocacy organisations in the UK, this article problematises some key ethical issues within the role. (shrink)

Recording is a task often perceived by residential child care workers as boring or taking time away from the ‘real work’, direct engagement with young people. It is required by legislation and policy but has been undertheorized and treated as a technical/rational task. In this essay, Foucauldian and feminist perspectives are applied to shift recording, a routine aspect of residential practice, in order to problematize the positivist approach assumed in legislation and policy. The analysis suggests that this approach represses emotional (...) aspects of care and subjugates particular forms of knowledge, such as young people’s experiences. Recording inevitably involves ethical choices and treating it as technical/rational task obscures its ethical implications. This essay concludes that greater attention needs to be given to the ethical aspects of shift recording in order to challenge practice that oppresses young people by failing to recognize their individuality and silencing their voices. (shrink)

Although there has been a proliferation of interest in sustainable business practice, recent research has identified concerns with the relative neglect of the social versus environmental aspects of sustainability. It is argued here that due to its reliance on internally held, concrete and intrinsically motivated forms of responsiveness, as well as its ability to be authentically social versus parochial in nature, that the ethical construct of “embodied care” (Hamington, Embodied Care: Jane Addams, Maurice Merleau-Ponty, and Feminist Ethics, 2004 ) has (...) particular relevance as one path through which responsiveness to the human aspects of sustainable business practice might occur. Consideration is given to care as both an individual and organizational level construct. Business case examples are offered and directions for future research described. (shrink)

The ethic of care provides not only a basis for understanding relationships of care at the micro level but also a potent form of political ethics, relevant to the development of welfare services. Williams (2001), for example, argues that the concept of care has the capacity to be a central referent in social policy?a point at which social and cultural transformations meet with the changing relations of welfare (Williams 2001, p. 470). English social care services are currently in another period (...) of change precipitated by the ?personalisation agenda?. This agenda is seen as having the potential to revolutionise social care, to create the conditions needed to tailor services to individual needs, and to give service users greater choice and control, including, where possible, control over their own service budgets or direct possession and management of care funds. These developments are inextricably linked to broader economic and social trends, key amongst which are the ageing of the population and changing economic conditions affecting both the labour market and the market for care services. This article applies the feminist ethic of care to an analysis of the personalisation agenda in the context of care for dependent older people. It highlights fundamental political questions posed concerning the nature and extent of older people's need for care, responsibility for meeting these needs and the associated costs. It questions whether the personalisation agenda could potentially offer a more responsive form of care, by placing more power and control in older people's hands. Key points considered are the individualisation of care and the ways in which control is conceptualised. The article concludes with an assessment of the feminist ethic of care as a basis for policy evaluation. (shrink)

“The current crisis in home care suggests we must meet immediately to discuss how Ontario can best meet its commitment to all those who require home care services and to the workers who provide the...

“The current crisis in home care suggests we must meet immediately to discuss how Ontario can best meet its commitment to all those who require home care services and to the workers who provide the...

Family research has mostly concentrated on relationships between parents and children or between women and men. On the other hand, feminist studies have explained problems within woman-to-woman relationships deriving from patriarchy. This article focuses on problematic adult woman-to-woman family relationships. More specifically, it discusses two women's ambivalent emotions narrated and experienced in their problematic female family relationships. The authors suggest that feminist studies should take into account culturally dominant narratives interlinking female subjectivity and responsibility over the private sphere. Ambivalence arises (...) in situations where individuals encounter contradictorily structured power hierarchies, i.e. simultaneously trying to follow the rules of kinship order and the desire for agency. (shrink)

A central focus of care ethics is on the compelling moral salience of attending to the needs of our particular others. However, there is no consensus within the care literature for how and when such partiality is morally justified. This article outlines and defends a novel justificatory argument that grounds partiality in the facts and values of the relation itself. Specifically, this article argues that partiality is justified when grounded in caring values exemplified in good caring relations. Hence, this justification (...) is termed the argument from good caring relations. This justification is promising for two reasons. First, the argument from good caring relations has the potential to spur engagement between care ethics and the broader partiality literature. In particular, the argument from good caring relations could enhance what Simon Keller has termed ‘the relationships view’. Second, the argument from good caring relations is more persuasive than the other major justificatory argument for partiality presently in the care literature: a distributive argument, which takes the form of a modified version of Robert Goodin’s assigned responsibility model of moral obligation. Indeed, where this distributive argument fails, the argument from good caring relation succeeds. This article thus concludes that the argument from good caring relations is preferable for justifying partiality in care ethics. (shrink)

Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to unintended harms and obscuring caring practices. Offenders (...) may be partially silenced and excluded by mainstream criminal justice practices which limit interaction between offenders and practitioners. When we ignore significant harms, or silence and exclude, we treat others as passive non-subjects. This partially objectifies offenders, and is inconsistent with treatment as equals. Penal theories employing harm-centred and harm-normalizing definitions of punishment can provide few resources to help practitioners either avoid, or recognize and respond to, harms. Care ethics, by contrast, motivates the avoidance of harm, ongoing inclusive engagement, and respectful interaction with others. I argue that defining punishment without presupposing harm facilitates the identification of morally problematic harms, and recognition of caring practices. I offer a principled argument, and political and pragmatic supplementary arguments, for responding to offenders without intentional harm and with care. Principles drawn from care ethics can help to strengthen mainstream criminal practices by structuring decision-making and action. Bottom-up alternative criminal justice practices share some values with these proposed guiding principles, allowing a partial test of the principles. I consider examples of restorative justice practices, therapeutic jurisprudence, community justice and other problem-solving court practices, in addition to considering how well mainstream punishment practices measure up to these principles. My analysis illuminates the strengths and weaknesses of the principles, and how they might contribute to securing treatment as equals for offenders in mainstream practices. (shrink)

This article concerns the issue of how an ethic of care perspective may contribute to both normative theory and mental health care policy discussions on so called Ulysses arrangements, a special type of advance directives in psychiatry. The debate on Ulysses arrangements has predominantly been waged in terms of autonomy conceived of as the right to non-intervention. On the basis of our empirical investigations into the experiences of persons directly involved with Ulysses arrangements, we argue that a care ethics perspective (...) may broaden and deepen the debate on Ulysses arrangements, by introducing additional concepts, such as vulnerability, responsibility and mutuality, and by refining familiar concepts, such as autonomy. (shrink)

This article critically examines the relationship between shared residence and contact after the breakdown of the parents’ relationship. It examines the background to the government’s main emphasis on methods of monitoring, facilitating and enforcing contact as the most efficacious method of proceeding in respect of the law reform agenda, focussing particularly on the potential impact of punitive enforcement measures on primary carers, usually mothers. The article sets the discussion within its wider cultural context in respect of fathers’ rights claims that (...) family law currently favours mothers, and shows how recent legal developments constitute part of a package to manage post-separation relationships between parent and children. It also examines some of the emerging case law to show how the judiciary is using shared residence orders and transfer of residence to deal with protracted and very difficult contact disputes, and in ways which were not anticipated when shared residence orders were first introduced. Drawing on feminist legal commentaries the argument will be made that the use of transfer of residence and shared residence orders in these disputes is extremely worrying, especially in light of the growing body of empirical research which heralds caution. The article will conclude by suggesting that far from favouring mothers, both the law reforms and the case law effectively construct mothers as integral to the problem of contact. They are treated as the site of and solution to the ‚problem’ of contact, and the means of dealing with the problem is by increasingly punitive measures which are inappropriate in a family law context. At the same time non-residential fathers who do not uphold contact escape legal sanctions. (shrink)

This article explores areas of law loosely within English equity and trusts law that have not conventionally been subject to feminist debate, and within the context of a discussion about feminist method. The particular areas examined are whistleblowing and trustees’ powers of investment, each of which calls for consideration of decision-making processes which have an ethical content. These sites are chosen because they take debate outside the all too familiar locations of woman or ‘the body of woman’, including the family (...) home, where feminist analysis in relation to equity and trusts tends to stray. In exploring these chosen fields, Hobby’s (Feminist Perspectives on Equity and Trusts, Cavendish Publishing, 2001, pp. 219–255) critique of gender dimensions in relation to whistleblowing and Dunn’s (Feminist Perspectives on Equity and Trusts, Cavendish Publishing, 2001, pp. 179–196) account of women trustees’ investment decisions are evaluated and developed. The debate within feminist legal criticism of the possibility of integrating an ‘ethics of care’ and an ‘ethics of rights’ is acknowledged. Whilst acknowledging of the difficulty of adopting an approach that recognises ‘mixed logics’, it is concluded that women (and men) do integrate the ethics of care and the ethics of rights in their decision-making. It is argued that the effort should be made to trace the specific weave in particular circumstances, thereby paying suspicious attention to the values that underlie courts’ analyses of ethical choices. (shrink)

Due to the domain characteristics of business ethics, a contractarian theory for business ethics will need to be essentially different from the contract model as it is applied to other domains. Much of the current criticism of contractarian business ethics (CBE) can be traced back to autonomy, one of its three boundary conditions. After explaining why autonomy is so important, this article considers the notion carefully vis à vis the contracting partners in the contractarian approaches in business ethics. Autonomy is (...) too demanding a condition for the realm of CBE. But a less stringent version of the contract may be possible, a version which uses the contract as a heuristic device, which merely requires moral responsibility. Furthermore, it is argued that views of (human) agency and the moral subject should be made explicit in such a theory. (shrink)

This article develops an approach to ethical globalization based on a feminist, political ethic of care; this is achieved, in part, through a comparison with, and critique of, Thomas Pogge's World Poverty and Human Rights. In his book, Pogge makes the valid and important argument that the global economic order is currently organized such that developed countries have a huge advantage in terms of power and expertise, and that decisions are reached purely and exclusively through self-interest. Pogge uses an institutional (...) rights framework to argue that direct responsibility for global poverty and inequality lies with the citizens of developed countries, since suffering and death are caused by global economic arrangements designed and imposed by our governments. While this argument is certainly compelling, I have argued that it tells us little about the actual effects of globalization on the real people of the South - including women, children and the elderly. As a result, it can offer little in the way of real alternatives or policy prescriptions. As a moral orientation, a care ethic relies on a relational moral ontology, and leads us to consider different values in terms of human flourishing. Moreover, it pushes us to consider the normative implications of aspects of the global political economy which are usually not 'seen' at all, including the global distribution of care work and the corresponding patterns of gender and racial inequality, the underprovision of care and resources for caring work in both the developed and developing world, and the ways in which unpaid or low-paid caring work helps to sustain a cycle of exploitation and inequality on a global scale. (shrink)

The problematique addressed by the article is the growth of a dominant discourse in early childhood education and care, which has a strong effect on policy and practice, paralleled by an increasing number of other discourses which problematise most of the values, assumptions and understandings of the former. Yet there is very little engagement between these discourses, in large part because they are situated within different paradigms—modernity in the former case, postfoundationalism in the latter. The author argues that the absence (...) of dialogue and debate impoverishes early childhood and weakens democratic practice. The article considers whether and in what conditions the concept of agonistic pluralism might provide a framework for political engagement among at least some on either side of the paradigmatic divide, and takes evaluation as one example of a subject for an agonistic politics of early childhood. (shrink)

: The proposal that care ethic(s) (CE) be subsumed under the framework of virtue ethic(s) (VE) is both promising and problematic for feminists. Although some attempts to construe care as a virtue are more commendable than others, they cannot duplicate a freestanding feminist CE. Sander-Staudt recommends a model of theoretical collaboration between VE and CE that retains their comprehensiveness, allows CE to enhance VE as well as be enhanced by it, and leaves CE open to other collaborations.

The proposal that care ethic be subsumed under the framework of virtue ethic is both promising and problematic for feminists. Although some attempts to construe care as a virtue are more commendable than others, they cannot duplicate a freestanding feminist CE. Sander-Staudt recommends a model of theoretical collaboration between VE and CE that retains their comprehensiveness, allows CE to enhance VE as well as be enhanced by it, and leaves CE open to other collaborations.

This study explores how religious women become legitimate actors in the public sphere and analyzes their agency—its meanings, capacities, and transformative aims. It presents a novel case study of Israeli Modern-Orthodox Agunah activists who engage in highly politicized collective feminist resistance as religious actors working for religious ends. Embedded in and activated by Orthodoxy, they advocate women’s rights to divorce, voicing a moral critique of tradition and its agents precisely because they are devoutly devoted to them. Such political agency is (...) innovatively conceptualized as “devoted resistance”: critique within relationship, enabled by cultural schema, and comprising both interpretive skills and “relational-autonomy” capacities. This study contends that understanding agency within religious grammars reveals its underlying logics, highlighting how structures shape the meanings and realization of women’s varied “agentive capacities.” It challenges current dichotomies like feminism/religion, resistance/submission, and autonomy/dependence. Overall, the author argues for a nuanced, culturally specific, capacity-based, relational approach to analyzing religious women’s agency. (shrink)

Care Ethics needs to make clear and defensible normative claims. Michael Slote’s work shows how accounts taking care as a sentimental motive can do the needful. Such motive accounts of care can also provide a way to capture the important distinction between care and justice approaches to morality. However, it is important for Care Ethics to establish harmony between caring motives and acting rightly. Slote’s account does so at the cost of an unintuitive account of obligation. We propose another way (...) to capture this harmony. (shrink)

Conventional management strategies for anti-corporate anger involve its negative construal as an inappropriate irrationality in need of containment. An alternative account is offered in which such anger comprises a healthy and health-sustaining component of care-based moral agency directed not only toward the affiliative advancement of connection among community members, but also toward the (political) resistance to violation, injustice, and carelessness through which disconnection from responsive community relationships occurs. The role of anger in care-based moral agency is demonstrated through discussion of (...) the classic case of environmental and human health crisis at Love Canal, New York. (shrink)

In this article, we interpret sex education from the perspective of feminist care ethics, emphasizing the concept of caring democracy, advanced by Joan Tronto one of the most influential feminist political theorists. According to Tronto, these theories show that a deficit of care and a lack of democracy are mutually conducive. We argue that, as in other areas of life, a lack of care in sexuality and sex education leads to social inequalities that eventually translate into an unequal approach to (...) freedom, equality, and justice, and to a deficit of democracy in the lives of some people. At the same time, we believe that, as a moral theory, care ethics, with its emphasis on the needs of men and women, can be adequately applied to the design of research projects, as well as to sexuality policies and practices. This may contribute to overcoming the stalemate in the debate on sex education and other topics in Slovakia. (shrink)

Patient participation in healthcare is highly promoted for democratic reasons. Older patients make up a large part of the hospital population but their voices are less easily heard by most patient participation instruments. The client council can be seen as an important medium to represent the interests of this increasing group of patients. Every Dutch healthcare institution is obliged to have a client council and its rights are legally established. This paper reports on a case study of a client council (...) in a hospital and shows how equality as the core democratic value manifests itself in practice and marginalizes the voices of older patients. Based on the work of Joan Tronto we show that sameness is the driving force behind the functioning of the client council which leads the council to operate as part of the hospital system. Consequently, important aspects of the hospital practice remain out of sight. To be of greater value for all patients we argue that successful patient participation requires not only equal opportunities but also ‘the condition of equal voice’. (shrink)

Recent conceptualizations of sustainable global development have reflected societal concerns not only with environmental stewardship, but also with social amelioration. However, the tripartite goals of corporate profitability, environmental protection, and social responsiveness are unlikely to be achieved through conventional models of globalization. The emergent approach known as sustainable global enterprise provides a promising strategic alternate, but requires the development of “native capability” [Hart, S. L.: 2005, Capitalism at the Crossroads: The Unlimited Business Opportunities In Solving the World’s Most Difficult Problems. (...) (Pearson Education, Inc., Publishing as Wharton School Publishing, Upper Saddle River, NJ)] that comprises specific relational competencies not typically required by traditional transnational models. This article demonstrates the usefulness of an ethic of care for enhancing understanding of the competencies comprising native capability, and, provides practical insights from a care approach on the development of those skills. (shrink)