This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right (...) is not conceptually redundant, but that, even if it were, there would be significant reasons to articulate it. (shrink)

The orphans of Romania were participants in what is sometimes called “the forbidden experiment”: depriving human infants of intimacy, affection, and human contact is an inhuman practice. It is an experiment which no ethical researcher would set out to do. This paper examines historical data, case histories, and research findings which deal with early deprivation and performs a phenomenological analysis of deprivation phenomena as they impact emotional and physical development. A key element of deprivation is the absence (...) of intimate relationships with other human beings. However, the absence of intimacy impacts not only the social/emotional abilities of infants, but their very ability to perceive the world. Philosophically and from a radically Merleau-Pontean perspective, the intimate face of the other appears to be a world opening event for the child. Its absence has a profound impact on the child’s experience of embodiment, coexistence, spatiality, temporality, and language. When seen through early deprivation, intimacy appears as a necessary foundation for establishing the transcendence of the world beyond perceptual presence, and it provides the possibility for language, culture, and history. (shrink)

Social cognition researchers have become increasingly interested in the ways that behavioral, physiological, and neural coupling facilitate social interaction and interpersonal understanding. We distinguish two ways of conceptualizing the role of such coupling processes in social cognition: strong and moderate interactionism. According to strong interactionism (SI), low-level coupling processes are alternatives to higher-level individual cognitive processes; the former at least sometimes render the latter superfluous. Moderate interactionism (MI) on the other hand, is an integrative approach. Its guiding (...) assumption is that higher-level cognitive processes are likely to have been shaped by the need to coordinate, modulate, and extract information from low-level coupling processes. In this paper, we present a case study on Möbius Syndrome (MS) in order to contrast SI and MI. We show how MS—a form of congenital bilateral facial paralysis—can be a fruitful source of insight for research exploring the relation between high-level cognition and low-level coupling. Lacking a capacity for facial expression, individuals with MS are deprived of a primary channel for gestural coupling. According to SI, they lack an essential enabling feature for social interaction and interpersonal understanding more generally and thus ought to exhibit severe deficits in these areas. We challenge SI’s prediction and show how MS cases offer compelling reasons for instead adopting MI’s pluralistic model of social interaction and interpersonal understanding. We conclude that investigations of coupling processes within social interaction should inform rather than marginalize or eliminate investigation of higher-level individual cognition. (shrink)

In this paper an attempt is made to draw out an outline of present social evils generated from Caste-Discrimination and this system is the misinterpreted conception of Varynavyavastha where the four varnas are divided on the basis of division of labour and since history it converted to caste system. With these Human Rights issues are directly related and human rights are an important concept in civilized and democratic society. But from the part of Government and judiciary the above said (...) both are separated and cannot be treated equally and it can be see in the latest examples of inhuman acts with Dalits in Haryana. First this paper also highlights the schemes and policies of the government to eliminate this system and their failure in part of unavailability to socially deprived persons. These policies are only in the paper form and cannot become part of practical concerns. Secondly these problems related to caste- discrimination can be solved only by social awareness and social interaction among different communities but not only by policies and schemes. Since independence there is not a single case of social awareness programme conducted by political parties and government and this become the root cause of social inequality till now. The present examples of violation and injustice with poor and deprived persons show the failure of our judiciary system and so-called democratic & secular society. With this background some recommendations will be discussed in the last of the paper so that a humane society can be modeled according to our constitutional commitment of social equality, freedom and brotherhood. (shrink)

Social Justice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of social justice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under British colonial (...) rule, the book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of social justice in contemporary India. (shrink)

With an eye on the future of global ethics, I argue that social-media technologies are not morally neutral tools but are, for all intents and purposes, a kind of agent. They nudge us to do things that are bad for us. Moreover, I argue that we have a duty to quit using social-media platforms, not just on account of possible duties to preserve our own well-being but because users are akin to test subjects on whom developers are testing (...) new nudges, and we ought to deprive them of their test subjects. (shrink)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

John Rawls’ A Theory of Justice allows social facts behind his veil-of-ignorance, thereby lessening the veil’s capacity for neutrality and defense of liberal principles. Rawls assumes social facts are discoverable without presupposed political values. But even if value-neutral social science is possible, real-world opinions, defined by political/social world-views, open the veil to bias since social facts from a non-liberal view may bolster non-liberal programmes. Alternatively, depriving those behind the veil of knowledge of social facts (...) strips them of vital information necessary for creating a just, well-organized society. These reservations do not constitute decisive criticisms but point out unresolved tension in Rawls’ original position, and the veil’s status of neutrality is undermined. (shrink)

As we enter the 2020s, global poverty is still a grave and persistent problem. Alleviating and eradicating poverty within and across the world’s societies requires a thorough understanding of its nature and extent. Although economists still standardly measure absolute and relative poverty in monetary terms, a consensus is emerging that poverty is a socially relational problem involving deprivations in multiple dimensions, including health, standard of living, education and political participation. The anthology Dimensions of Poverty advances the interdisciplinary debate on multidimensional (...) poverty, and features contributions from leading international experts and early career researchers (including from the Global South). This introductory chapter gives an overview of formative debates, central concepts and key findings. While monetary poverty measures are still dominant in public and academic debate, their explanatory power has been drawn into question. We discuss relevant criticisms before outlining the normative concepts that can inform both multidimensional poverty and monetary measures, including basic capabilities, basic needs and social primary goods. Next, we introduce several influential multidimensional poverty indices, including the Human Development Index and the Multidimensional Poverty Index. The anthology shows in detail how such measures can be improved, from a variety of disciplinary perspectives. It shows that there are different methods of poverty research that require further investigation, including participatory studies, (value) surveys, public consensus building, the constitutional approach, and financial diaries. Finally, we show that there is an ongoing problem of epistemic asymmetries in global poverty research, and discuss responsibility for addressing poverty, including the responsibilities of academics. The remainder of the chapter is dedicated to a more detailed preview of the volume’s 20 contributions, which are assembled along the following five themes: (I) poverty as a social relation; (II) epistemic injustices in poverty research; (III) the social context of poverty; (IV) measuring multidimensional poverty; and (V) country cases. (shrink)

The existence of otherness as a social category is the result of a specific configuration of power relations. One way to maintain this configuration and exert control over subjectivities defined as "others" is to exclude them from participation in the production of knowledge, depriving them ofthe resources to understand themselves and the world and the words to describe their social experience. In this sense, the epistemic injustice, produced by exclusion from the system of knowledge production, constitutes a powerful (...) instrument to control power relations and to maintain the subordination of minorised subjectivities. At the same time, the production of analysis by oppressed subjectivities constitutes a form of resistance to the control of the knowledge production and to the control of subjectivities themselves; since this production has a liberating function from oppressive systems and is able to reveal the implicit power dynamics within the production of knowledge. (shrink)

Many of the social deprivations of Mexico will be worsened due to the SARSCOV2 pandemic. Namely, the insufficient access to public health, lack of labor rights, and the unsuccessful government’s response to eradicate male violence against women. The historical unconcern in promoting a culture rooted in mutual aid and self-care has provoked many citizens are disconnected from their social and health rights. Thus, people’s inability to carry through one direction –stay home- is unfulfilled, in part, due to structural (...) inequalities. I affirm that effective liberty could be obtained by approving a Universal Basic Income from a feminist perspective. I conclude that the aftermath of COVID-19, which will define everyday life for a while, require the endorsement of such measure. Likewise, women as a class deserve protection from a feminist critical framework. (shrink)

Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks (...) the authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)

The ontological determination of the movement in its quality of way of Being incessantly moves the critic affirmed to denial it through come to be which affirms new critics, unity of continuities and discontinuities with the previous critic. Therefore, it is important to unveil the material determinations in which are rooted the conception of Being dissociated from Non-being consolidated in insurmountable distinction between Being and Entity in its quality of expression of ideas in an inverted reality, falsely apprehended. Ideally reproduced (...) reality that, nevertheless, allows alternatives corresponding to the realization of aims targeted to satisfy historically determined necessities. The confrontations in the production and reproduction of purposes to guide social relations cross-dress debility of determined and impotent movement to impose determinations to the full virtuosity of immobility that moves the transitory. The difference between Being e Entity conforms in a formal logic deprived from/of contradiction to affirm the development of knowledge in what, in truth, hindered and limit it to remain, reducing the movement to stationary, to what moves to what moves without moving, to what isolate the knowledge of reality, to what detaches idea and material, to what conserves and incarcerates and not to what transform and set free. The treatment conceived as a movement from radical critic brings together the ontological primacy to underpin the root of the constitution of social existence to establish the ontological determinations of the existence to consciousness is stated in Marx – being reaffirmed in Lukács – by affirming that categories are forms of Being, determinations from/of existence. The category of totality, as a result of it, constitute expression of form of Being from reality in movement and synthesis from multiples and mutual determinations of negated diversities in an unitarity which affirm them. Therefore, the dialectical reflexive movement refuses as an ineliminable condition to the movement which affirms to mould identity with unitarity between identity and non-identity or don’t conceive relation of identity with dialectic, with the existence of reality to express a contradiction and incessant transmutation between Being and Non-being. The totality by transmuting itself while remain totality albeit not identical to the previous moment embraces a category to synthesize the unity of diversity. This diversity moved and moving from/by unity contemplates the relation of identity ratio (nowadays totality) between the identity (continuity with the preceding totality) and the non-identity (discontinuity with the preceding totality). To ignore the identity of identity with a non-identity conforms the impotence of category to constitute an expression of existence for not affording the contradiction immanent to the existence of reality moving from transport incessant of Being to come to be which puts itself from Non-being to Being. In short, concomitantly the being is transposed to Non-being to a Being come to be transpose from Non-being to a Being whilst ontological determination is constituted and constitutive of movement. The realization of critic conditioned the self-critic that ontologically determines the denial of self-preservation because it constitutes roots in social conditions that limit the intended transformation through critic. The critique of science as an ideological and material condition of reproduction and realization of capital is not effective with the auto-conservation of Geography for conforming the necessity of conservation of science to be rooted in the conception of distinction idealized by superiority that would affirm the permanence and nullity of transcending the limitations to denial the inhumanity of alienation concomitantly affirm the conditions to recognition of necessities and possibilities oriented to an emancipatory purposes. The progressive compressing of expenditure of time on production and productivity of results in various fields of scientific knowledge – which do not realize strictly in the extent of knowledge or it would be equivalent to affirm the fallacy of isolation and to deny the material and historical determinations that constitutes the quality of form of Being -, expressed in the quality of objective necessity and possibility concomitantly to fragment the form and content of the orientation of aims for investigation and for apprehension of reality. The convergence of the movements above-mentioned conforms the constitution of consensus positivity of complexifying of knowledge, delimitating the conceiving of reality and the supposed objective determinations a priori that constraint the conscious apprehension of necessities and of purposes that manifestate in the immediacy by the quality of developing individual and humankind potentialities of social being. Therefore, the conception of suprahistorical and insuppressible ontological determination depriving from social intentionalities in naturalize the impute of greater speed and complexity with lesser time and size of fragmented reality to be known, strengthening the conditions of inversion of reality. Reversed reality deforms the conscious apprehension of corresponding reduce the humanity of individual and gender social sphere of Being for alienating the necessities and goals of theory and practice, consciously aimed to the development of conditions for impoverishment humanity cross-dress in fallaciously things provided by humanity. Things that would had identity with men humanization obfuscating the unifying the developing of thing in the developing of men in the quality of thing, to conceive the most primary theoretical and practical necessity for the purpose of development of thing as an irrevocable necessity from human activity. The confrontation in the sphere of ideas constitutes itself while conceiving the real and, in this direction, the domination of necessities and purposes of material (re)production of society requires the domination of the categories of space and time as forms of Being of substance in motion. The detachment between Being and Entity conceives the indetermination of the dominant conception of reality that determines the conditions for the reproduction of life and the come to be of individuals and humankind. (shrink)

Women represent half of all humanity, yet they continue to face discrimination in various parts of the world. The feminist movement has done much to lessen gender discrimination in Western societies. However, women in much of the world still face severe difficulties, such as violence, illiteracy, economic and social deprivation. It is increasingly recognized that better education and economic empowerment of women can play a significant role in uplifting the economic level of impoverished areas of the world and (...) lowering birth rates, which is crucial for addressing climate change. Having noted several general rituals and traditions of his time, Guru Nanak recognized that men often looked down upon women as inferior to them. They were thought of as commodities. He condemned this mindset and these practices. Thus, several centuries ahead of the feminist movement, Guru Nanak spoke out against gender discrimination in the subcontinent’s highly male-dominated environment. He opposed established orthodoxy with the radical assertion that women were worthy of praise and equal to men. Besides, God is gender-neutral. It is both man and woman, and its creative aspect is portrayed as that of a mother: Āpe purakẖ āpe hī nārī. God (Creator) is both man and woman. (M. 1, SGGS, p 1020). (shrink)

Women represent half of all humanity, yet they continue to face discrimination in various parts of the world. The feminist movement has done much to lessen gender discrimination in western societies. However, women in much of the world still face severe difficulties, such as violence, illiteracy, economic and social deprivation. It is increasingly recognized that better education and economic empowerment of women can play a significant role in uplifting the economic level of impoverished areas of the world and (...) lowering birth rates, which is crucial for addressing climate change. Having noted several general rituals and traditions of his time, Guru Nanak recognized that men often degraded women. They were thought of as property and treated as lowly and unworthy. He condemned these practices. Thus several centuries ahead of the feminist movement, Guru Nanak spoke out against gender discrimination in India's highly male‐dominated environment. He opposed established orthodoxy with the radical assertion that women were worthy of praise and equal to men. In this article, a brief review of the status of women in Sikh theology is presented. (shrink)

This article argues that political injustices can arise from the distribution and character of our sexual desires and that we can be held responsible for correcting these injustices. It draws on a conception of structural injustice to diagnose unjust patterns of sexual attraction, which are taken to arise when socio-structural processes shaping the formation of sexual desire compound systemic domination and capacity-deprivation for the occupants of a social position. Individualistic and structural solutions to the problem of unjust patterns (...) of sexual attraction are assessed in the context of racialised sexual aversion, racial fetishism, and the desexualisation of people with disabilities. While both forms of intervention can help in principle, some of the advantages of structural approaches are laid out. A schema for assigning political responsibilities for addressing this injustice is proposed, with some limits identified to the kinds of state and social responses that are justified. Finally, the status of the merely aesthetically unappealing is considered, with a relational egalitarian approach concluding that they are subject to structurally unjust patterns of sexual desire only when exposed to oppression or second-class citizenship as a result. (shrink)

Speakers offer testimony. They also hedge. This essay offers an account of how hedging makes a difference to testimony. Two components of testimony are considered: how testimony warrants a hearer's attitude, and how testimony changes a speaker's responsibilities. Starting with a norm-based approach to testimony where hearer's beliefs are prima facie warranted because of social norms and speakers acquire responsibility from these same norms, I argue that hedging alters both components simultaneously. It changes which attitudes a hearer is prima (...) facie warranted in forming in response to testimony, and reduces how much responsibility a speaker undertakes in testifying. A consequence of this account is that speakers who hedge for strategic purposes deprive their hearers of warrant for stronger doxastic attitudes. (shrink)

Mexico, with the commissioning of the "National Crusade Against Hunger Program" in 2013, aimed at serving the population that presents both extreme poverty and food deprivation. The article aims to analyze whether the criterion of the selection of the municipalities of the State of Veracruz incorporated in the National Crusade Against Hunger Program (PNCH) show complementarity with the efforts in the fight against poverty in the social expenditure strategy applied in the Priority Attention Zones Program (ZAP) and the (...) Priority Areas Development Program (PDZP) and, particularly, the indigenous municipalities that have a greater degree of social exclusion. The adjustment of a binary logistic regression model is presented, in order to assess the incidence of contextual factors to interpret the scope of the strategy adopted by the federal government in the fight against poverty and hunger. As a result, it is evident that there is no continuity in the fight against poverty, since the municipalities included in the strategy Priority Areas of Attention and Program of Development of Priority Zones are not considered in the selection of municipalities incorporated in the National Program of Crusade Against Hunger, a situation that identifies the relationship between programs is not complementary. (shrink)

The present paper argues that a right to work, defined as social and legal guarantees to fair conditions of employment, should be an essential part of a democratic state with market arrangements. This argument proceeds along the following lines. First, I reconstruct an account of rights that defends the “correlativity” thesis of rights and duties. The basic idea is that a social member’s legitimate demand to something of value, such as gainful employment, implies duties on the part of (...) others to respect and fulfill it. These duties include the following with regard to that demand: avoiding actions that cause the harm, protecting it against standard threats, and otherwise providing aid in case it is deprived. Second, I sketch an outline of what a right to work will entail in terms of the correlative duties just described. This means that respect and fulfillment of the demand will require both social members and the democratic state alike to guarantee fair conditions of employment: first, by forbearing from actions that deprive members of access to work; and second, by protecting members against threats of deprivation and aiding them when they are so deprived. Third, I answer some ethical and empirical objections to the idea of a right to work: that it violates the legal rights of owners and employers, fails to impart self-respect, lacks economic efficiency, and erodes human capital by undermining competitive incentives. Finally, I make some concluding observations that a democratic right to work so conceived is ethically and economically superior to alternative arrangements that neither respect nor fulfill these correlative duties to avoid harm, protect against threats, and provide aid in cases of deprivation. (shrink)

This thesis considers two allegations which conservatives often level at no-fault systems — namely, that responsibility is abnegated under no-fault systems, and that no-fault systems under- and over-compensate. I argue that although each of these allegations can be satisfactorily met – the responsibility allegation rests on the mistaken assumption that to properly take responsibility for our actions we must accept liability for those losses for which we are causally responsible; and the compensation allegation rests on the mistaken assumption that tort (...) law’s compensatory decisions provide a legitimate norm against which no-fault’s decisions can be compared and criticized – doing so leads in a direction which is at odds with accident law reform advocates’ typical recommendations. On my account, accident law should not just be reformed in line with no-fault’s principles, but rather it should be completely abandoned since the principles that protect no- fault systems from the conservatives’ two allegations are incompatible with retaining the category of accident law, they entail that no-fault systems are a form of social welfare and not accident law systems, and that under these systems serious deprivation – and to a lesser extent causal responsibility – should be conditions of eligibility to claim benefits. (shrink)

The article presents an original needs-based partial theory of human injustice and shows its relationship to existing theories of human need and human liberation. The theory is based on an original typology of three social structural sources of human injustice, a partial theorization of the mechanisms of human injustice, and a needs-based theorization of the nature of human injustice, as experienced by individuals. The article makes a sociological contribution to normative social theory by clarifying the relationship of human (...) injustice to human needs, human rights, and human liberation. The theory contends that human injustice is produced when oppression, mechanistic dehumanization, and exploitation create systematic inequality in opportunities to address human needs, leading to wrongful need deprivation and the resulting serious harm. In one longer sentence, this needs-based partial theory of the sources, mechanisms, and nature of human injustice contends that three distinct social systemic sources—oppression, mechanistic dehumanization, and exploitation—produce unique and/or overlapping social mechanisms, which create systematic inequality in opportunities to address universal human needs in culturally specific ways, thus producing the nature of the human injustice theorized here: wrongfully unmet needs and serious harm. (shrink)

Testimony is of epistemic and practical significance. It is of epistemic significance because majority of what we know and believe comes from being told. It is of practical significance because our agency can be undermined, bypassed, or overridden owing to systemic prejudices sustained by oppressive social or cultural practices and subsequently our routes to knowledge are either hindered or distorted. Things get more complicated when we introduce and examine how groups and other collectives testify and are recipients of testimony. (...) For instance, group speakers are typically said to represent and reflect the view of the group they are speaking on behalf of. But sometimes because of these oppressive practices, a group speaker’s assertion may deprive or impair its members’ ability to perform certain actions through speech. This dissertation examines the intersection between testimony, collective phenomena, and epistemic harms. One aim is to argue for a view on the nature of testimony that can accommodate various ways collectives testify and are recipients of testimony. In particular, I argue and present a view of testimony as a norm-governed joint activity involving individual or collective participants that commit themselves to a common aim of collaboration. Another aim is to present an epistemology of testimony that tracks our ordinary testimonial practices. In this regard, I argue for a norm view where we have reason to believe what we’re told because of the rules or norms that govern our communicative exchanges. A final aim is to explore the mechanism by which collective speech ensues in an epistemic harm driven by social identity prejudices. I argue for a form of silencing that is distinctive of groups insofar as the silencing occurs because of group dynamics. I call the mechanism underlying this form of silencing “representational impairment”. This dissertation, I hope, will motivate and inspire others to pursue philosophical projects at these intersections and in this spirit, I end by offering suggestions on areas of further development and future direction. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not (...) reducible to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to (...) use a term John Ruggie coined. The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state. In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis shares the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the “short 20TH century,” to use Eric Hobsbawm's periodization. With this special issue, we seek to contribute to a more nuanced analysis of the transformation of authority. The issue is the outcome of a conference that took place at the Copenhagen Business School in 2015, hosted by the research project ‘Institutional Transformation in European Political Economy: A Socio-Legal Approach’ and funded by the European Research Council. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not (...) reducible to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to (...) use a term John Ruggie coined. The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state. In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis shares the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the “short 20TH century,” to use Eric Hobsbawm's periodization. With this special issue, we seek to contribute to a more nuanced analysis of the transformation of authority. The issue is the outcome of a conference that took place at the Copenhagen Business School in 2015, hosted by the research project ‘Institutional Transformation in European Political Economy: A Socio-Legal Approach’ and funded by the European Research Council. (shrink)

The purpose of this article is to show that animal rights are not necessarily at odds with the use of animals for research. If animals hold basic moral rights similar to those of humans, then we should consequently extend the ethical requirements guiding research with humans to research with animals. The article spells out how this can be done in practice by applying the seven requirements for ethical research with humans proposed by Ezekiel Emanuel, David Wendler and Christine Grady to (...) animal research. These requirements are i) social value, ii) scientific validity, iii) independent review, iv) fair subject selection, v) favorable risk-benefit ratio, vi) informed consent, and vii) respect for research subjects. In practice, this means that we must reform the practice of animal research to make it more similar to research with humans, rather than completely abolish the former. Indeed, if we banned animal research altogether, then we would also deprive animals of its potential benefits – which would be ethically problematic. (shrink)

I argue, first, that the deprived individuals whose predicaments Nussbaum cites as examples of "adaptive preference" do not in fact prefer the conditions of their lives to what we should regard as more desirable alternatives, indeed that we believe they are badly off precisely because they are not living the lives they would prefer to live if they had other options and were aware of them. Secondly, I argue that even where individuals in deprived circumstances acquire tastes for conditions that (...) we regard as bad, they are typically better off having their acquired preferences satisfied. If they are badly off it is because they cannot get what we and they, would regard as more desirable alternatives. Preference utilitarianism explains why individuals in such circumstances are badly off whether they have adapted to their deprived circumstances or not. Even if they prefer the conditions of their lives to all other available alternatives, most would prefer alternatives that are not available to them which would, on the preferentist account, make them better off. And that, on the preferentist account, is the basis for a radical critique of unjust institutions that limit people's options and prevent them from getting what they want. (shrink)

How should we explore the relationship between race and educational opportunity? One approach to the Black-White achievement gap explores how race and class cause disparities in access and opportunity. In this paper, I consider how education contributes to the creation of race. Considering examples of classroom micropolitics, I argue that breakdowns of trust and trustworthiness between teachers and students can cause substantial disadvantages and, in the contemporary United States, this happens along racial lines. Some of the disadvantages are academic: high (...) achievement is more difficult when one faces mistrust, ego depletion, effort pessimism, and insult. And within a knowledge economy, exclusion from knowledge work makes one vulnerable to injustice. But the problem goes deeper than achievement, for schools are contexts in which we develop self-understandings and identities that situate us as members of society. If students of color are systematically denied full participation in trusting conversations that create shared knowledge—especially, knowledge that holds power within the dominant culture—they are unjustly deprived resources to form flourishing selves that are suited to the positions of power and authority. The argument suggests that knowledge is not best understood simply as a commodity to be distributed, and opportunity is not just a matter of access. Moreover, even if access is granted, those who are motivated and talented can fail: they drain their willpower by coping with insults, or reasonably lose optimism about their efficacy. Over time, motivation may shift away from achievement, and under the circumstances this can be a rational response. The barriers to achievement are many, but true opportunity is impossible without trust and trustworthiness. (shrink)

A life without liberty and material resources is not a good life. Equally, a life devoid of meaningful social relationships—such as friendships, family attachments, and romances—is not a good life. From this it is tempting to conclude that just as individuals have rights to liberty and material resources, they also have rights to access meaningful social relationships. I argue that this conclusion can be defended only in a narrow set of cases. ‘Pure’ social relationship deprivation—that is, (...) deprivation that is not caused, or accompanied, by deficits in liberties and material resources— mostly generates demands of private beneficence. I suggest that social relationship deprivation is unjust, hence a rights violation, only when it is due to factors—such as one’s race—that are irrelevant to one’s being a good participant in social relationships. I thus conclude that access to meaningful social relationships is not a fundamental concern for theories of justice. (shrink)

Structural injustice broadly refers to objectionable outcomes produced by generally accepted social structures for members of particular social groups. But theorists of structural injustice have said relatively little about why certain outcomes are objectionable, and many theorists suggestively connect structural injustice to a worry about oppression without explaining their precise normative concerns. I provide a normative analysis of structural injustice that addresses this gap and clarifies its connection to oppression. On this view, there are two kinds of structural (...) injustice, each grounded in a distinct moral concern. One is a freedom-based concern for how social structures harmfully constrain members of a social group, depriving them of the means to develop and exercise their capacities. The other is an equality-based concern for how social structures subordinate a social group to others in hierarchies of power, standing, and esteem. By disentangling these concerns, this account shows that our social structures contain multiple kinds of injustice that do not necessarily travel together; some social groups experience unfreedom without being subordinated to others, and indeed their unfreedom is intertwined with their dominant position over subordinated groups. Furthermore, against prevailing philosophical accounts, this analysis shows that there are good reasons to understand oppression primarily as an issue of inequality rather than an issue of unfreedom. (shrink)

In the chapter Spirit of the book "Phenomenology of spirit" in a section called "True spirit, ethical Life", Hegel looks into the happy state of "ethical life" in Greece. The concept of ethical life is a very crucial concept because it formulates Hegel's fundamental political and social ideal, which is to establish synthesis between the community and the individual. In this research, we study the ethical life of people who are unreasonably immersed in the customs and laws of a (...) certain society. In the following, we see that this world is divided and the unity of laws in it is shaken. For this reason, Hegel discusses the literary genres of epic and tragedy in order to show that in them, a person progressively becomes himself and becomes aware of his individual character. Hegel destroys his primitive ethical substance dialectically through essential conflicts, with forced actions and untangling choices of people with will and as a result people are deprived of their social identities. In this dialectical process, the "living unity" of the polis is fragmented and becomes a mass of separate atoms. (shrink)

Poverty has traditionally been conceived of as a state of deprivation. To be poor is to lack something essential to human flourishing. How that something is understood—in terms of welfare, resources, or capabilities—and how it is measured—in absolute terms or relative to a social standard—has been the subject of much debate within the development literature. In this paper, I put forward an account of poverty rooted in the philosophy of action. I argue that poverty essentially involves being in (...) a context in which a reasonable agent’s future-directed agency is systemically undermined. Centering this dimension of poverty allows us to attend to aspects of poverty that are easily overlooked on existing accounts. (shrink)

I develop Tetsurō Watsuji’s relational model of the self as “betweenness”. I argue that Watsuji’s view receives support from two case studies: solitary confinement and dementia. Both clarify the constitutive interdependence between the self and the social and material contexts of “betweenness” that define its lifeworld. They do so by providing powerful examples of what happens when the support and regulative grounding of this lifeworld is restricted or taken away. I argue further that Watsuji’s view helps see the other (...) side of this deprivation, how reconstructing aspects of betweenness is, at the same time, a reconstruction of the self. I conclude by briefly indicating further consequences of this view. (shrink)

In The Mushroom at the End of the World: On the Possibility of Life in Capitalist Ruins, Anna Lowenhaupt Tsing explains how bare land is formed. Capitalism produces ‘ruins’ by stripping living beings of the capacity to form their own ecological relations, a necessary condition for the reproduction of life. Contemporary capitalism alienates living beings from ecological relations, i.e. capitalism generates “the ability to stand alone, as if the entanglements of living did not matter. Through alienation, people and things become (...) mobile assets; they can be removed from their lifeworlds in distance-defying transport to be exchanged with other assets from other life worlds, elsewhere” (Tsing 2021, 5). Cutting the threads of the web of life through capitalist alienation, however, produces bare land as a side effect, infertile waste deprived of the means to reproduce itself without capitalist support. Alienation is the deracination of living beings from their lifeworld, transforming them into passive cogs for capitalist accumulation. However, Tsing upholds matsutake mushrooms, rare fungi popular among Japa- nese foodies, as exemplars of the resilience of ecological relations. Even amidst ruins, matsutakes successfully form beneficial relations with other living beings, like pine trees, other fungi and human beings. The insistent capacity to regenerate ecological relations is the ineluctable means of reproduction for the matsutake mushroom. Even at the end of the world, the matsutake persists by perpetually co-producing new lifeworlds for itself and fellow living beings (see also Haraway 2016). I claim that Tsing’s approach to capitalist alienation is descriptively convinc- ing but lacks the affective force for ecological class consciousness. Tsing surveys the web of life from the perspective of living beings quite distant from humankind, articulating a theoretical diagnosis rather than a political exhortation. On an affective level, it is challenging to generate ecological class consciousness among the (presumably) human readers of my chapter if they are presented with only the biographies of mushrooms growing far beyond my home. As Chantal Mouffe (2018, 72) argues, the construction of an emphatically political identity requires an appeal to the affects, like hope, indignation or compassion. Latour and Schultz also stress that ecological politics currently suffers from an affective misalignment, with people failing to identify with the fate of their increasingly inhospitable environments (2022, 47). Why would European humans care about these unknown fungi? The reproduction of our CO2-intensive livelihoods largely depends on the emission of bare land elsewhere, so in the short run, we stand to benefit more from putting our heads in the sand. I employ Chakrabarty’s (2021) suggestion of grounding post-humanist politics first in strategic anthropocentrism to subsequently push for a post-humanist expansion of our human understanding. One must first feel personally interpellated by the crisis of the global means of reproduction before one can grasp the need for an ecological class politics beyond human confines. I turn to John Steinbeck’s 1939 novel The Grapes of Wrath as a kindred spirit with more mobilising potential. Steinbeck tells the story of a family of impoverished farmers from Oklahoma, the Joads, travelling to California in pursuit of a better life, yet only encountering more poverty, exploitation and anti-immigrant racism. Steinbeck describes in detail the environmental and social devastation, but he focuses on the commodified labour power of migrant farmers rather than commodified mushrooms. Steinbeck’s main characters are also uprooted from their entangled histories in the land and community of rural Oklahoma, but they present a more familiar face of the ecological class deprived of the means of reproduction. Steinbeck’s outcry against alienation-as-deracination is clear, but the shift in perspective facilitates the empathetic outrage required for building ecological class consciousness. Steinbeck’s strategic anthropocentrism helps human readers understand why alienation-as-deracination is a concern. (shrink)

Albert Camus’ views contributed to the rise of the philosophy known as Absurdism, he defines the Absurd “as the conflict between the human tendency to seek inherent value and meaning in life, and the human inability to find any meaning in a purposeless, meaningless, and irrational universe, with the ‘unreasonable silence’ of the universe in response.” However, this world in itself is not absurd, what is absurd is our relationship with the universe, which is irrational. Camus is considered to be (...) an existentialist, even though he firmly rejected the term throughout his lifetime. He is properly categorised as an atheist existentialist. However, he would also disagree with this label. In his notebooks, he presents the following contradictory statement: -/- “I do not believe in God and I am not an atheist.” -/- This reflects the notion of the Absurd. The search of the possibility of the existence of God is humanly impossible, but this also entails that the proof that God does not exist is impossible too. He writes in The Myth of Sisyphus: “In a universe suddenly divested of illusions and lights, man feels an alien, a stranger. His exile is without remedy since he is deprived of the memory of a lost home or the hope of a promised land. This divorce between man and his life, the actor and his setting, is properly the feeling of absurdity.” The Myth of Sisyphus is a fierce expression of the Absurd. It starts off with a powerful and thought-provoking statement: “There is but one truly serious philosophical problem and that is suicide. Judging whether life is or is not worth living amounts to answering the fundamental question of philosophy.” . (shrink)

It is sometimes claimed that those who succeed with the aid of enhancement technologies deserve the rewards associated with their success less, other things being equal, than those who succeed without the aid of such technologies. This claim captures some widely held intuitions, has been implicitly endorsed by participants in social-psychological research, and helps to undergird some otherwise puzzling philosophical objections to the use of enhancement technologies. I consider whether it can be provided with a rational basis. I examine (...) three arguments that might be offered in its favor and argue that each either shows only that enhancements undermine desert in special circumstances, or succeeds only under assumptions that deprive the appeal to desert of much of its dialectic interest. (shrink)

The classical theory of sovereignty describes sovereignty as absolute and undivided yet no early modern state could claim such features. Historical record instead suggests that sovereignty was always divided and contested. In this article I argue that Foucault offers a competing account of sovereignty that underlines such features and is thus more historically apt. While commentators typically assume that Foucault’s understanding of sovereignty is borrowed from the classical theory, I demonstrate instead that he offers a sui generis interpretation, which results (...) from the application of his general strategic conception of power to sovereignty itself. In construing sovereignty through a “matrix” of civil war, Foucault thus deprives it of the absoluteness traditionally attributed to it. Instead, he views sovereignty as constituted by conflictual and mobile power relations, a precarious political technology that deploys violence to restore its authority. I also motivate Foucault’s contention that popular sovereignty remains fundamentally continuous with the absolutist sovereignty it succeeds, insofar as it masks and thereby perpetuates unequal power relations in conditions of social conflict. According to Foucault, sovereignty is not a fact of power but a contestory claim, a discourse whose mutability helps to explain its persistence today. (shrink)

This essay examines how two seventeenth-century feminists use the language of slavery and servitude to describe and protest the domination of women and girls. From their experiences of being forcibly confined to convents at a young age, Arcangela Tarabotti and Gabrielle Suchon demonstrate how the deprivation of knowledge, the restriction and destruction of social and kinship relations, and the impediments to the exercise their free wills impose upon them forms of slavery. The language of “slavery” and “servitude” plays (...) a distinctive role in their writing, the examination of which locates them in wider traditions of moral and political thought, helps us to understand their complaints, and allows us to appreciate their innovative, feminist adaptations of these discourses. The essay concludes with some reflections on how to think about the use of the idiom of slavery applied to the oppression of white Europeans, which is so common in the early modern period, contemporaneous with the rise of the transatlantic slave trade. (shrink)

A famous Indian argument for jus ad bellum and jus in bello is presented in literary form in the Mahābhārata: it involves events and dynamics between moral conventionalists (who attempt to abide by ethical theories that give priority to the good) and moral parasites (who attempt to use moral convention as a weapon without any desire to conform to these expectations themselves). In this paper I follow the dialectic of this victimization of the conventionally moral by moral parasites to its (...) philosophical culmination in the fateful battle, which the Bhagavad Gītā precedes. Arjuna’s lament is an internalization of the logic of conventional moral expectations that allowed moral parasitism, and Krishna’s push for a purely procedural approach to moral reasoning (bhakti yoga) does away with the good as a primitive of explanation and provides the moral considerations that allow us to see that the jus ad bellum and jus in bello coincide: the just cause is the approximation to the procedural ideal (the Lord), which is also just conduct. Jeff McMahan is correct in claiming that it is wrong for the unjust to attack the just. But it is also not obviously correct that it is the same set of moral considerations in war and peace that mark out the sides, for peace is largely characterizable by conventional morality, which all are forced to abandon in war. Walzer is correct that there are different sets of standards at play at war and peace, and that getting hands dirty in immorality is a price worth paying in war, but Walzer is thereby incorrect for a subtle reason: conventional standards by way of which jus ad bellum and jus in bello appear corrupt are themselves actually corrupt when the need for a just war arises. It is because moral parasites use conventional morality as a means of hostility and not as a means of fair, inclusive social interaction that conventional morality is corrupted and turned into a tool of the unjust. It is hence unjust to employ these standards to judge those whose cause is just, though such a judgement is conventional. Those who fight for a just cause thereby justly get their hands dirty by departing from conventional moral standards. But this is to the disadvantage of parasites who can only function in a climate where the conventionally good are constrained by conventional morality. Just war so understood deprives parasites their weapon of choice. (shrink)

From Basil Fawlty, The Little Tramp and Frank Spencer; to Jim Carey, Andy Kaufman and Rowan Atkinson... comedy characters and comic actors have proved useful lenses for exploring—and exposing—humor’s cultural and political significance. Both performing as well as chastising cultural values, ideas and beliefs, the comic character gives a unique insight into latent forms of social exclusion that, in many instances, can only ever be approached through the comic form. It is in examining this comic form that this paper (...) will consider how the ‘comedy character’ presents a unique, subversive significance. Drawing from Lacanian conceptions of the subject and television ‘sitcom’ examples, the emancipatory potential of the comedy character will be used to criticize the predominance of irony and satire in comic displays. Indeed, while funny, it will be argued that such comic examples underscore a deprivative cynicism within comedy and humor. Countering this, it will be argued that a Lacanian conception of the subject can profer a comic efficacy that not only reveals how our social orders are inherently inconsistent and open to subversive redefinition, but that these very inconsistencies are also echoed in the subject, and, in particular, the ‘true comedy character’. (shrink)

Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim paradigm and the (...) heroic victim paradigm. Holocaust victims are quintessential instances of the pathetic victim paradigm. They are marked by passivity and innocence in the face of overpowering force and unspeakable humanly inflicted suffering. Aung San Suu Kyi is an exemplar of the heroic victim paradigm – prisoners of conscience, in Amnesty International’s terms. Because heroic victims face off against the repressive power of the state to fight injustice, they are by no means passive, but they must be innocent of wrongdoing – that is, they must use nonviolent means of dissent – to qualify as heroic victims. Second, I problematize the asymmetrical conceptions of innocence that underwrite the two victim paradigms. Whereas the pathetic victim paradigm identifies innocence with passivity, the heroic victim paradigm countenances agentic victims and adverts to a universalist, absolutist stance on the limits of the legitimate use of state power to ascribe innocence to heroic victims. Both conceptions of innocence are out of keeping with well established social and legal practices regarding what constitutes coercive force and innocent victimhood. Consequently, there is reason to be skeptical of the two victim paradigms. Third, I identify two kinds of human rights violations and two categories of victims that AI defends despite their failure to fit the two paradigms – women trafficked into sex work and prisoners on death row. In many cases, women forced to do sex work are not innocent girls who are ignorant of the trafficking system and who helplessly fall prey to smugglers. They are desperately poor women who for that reason are willing to take enormous risks to try to relieve their own and often their families’ deprivation and suffering. Although these women act nonviolently for irreproachable reasons, they lack the public political agendas that characterize heroic victims. Unless non-fulfillment of subsistence rights is recognized as a form of overpowering force that inflicts severe, avoidable suffering, these women do not qualify as pathetic victims either. The victim paradigms pose an even greater obstacle to recognizing that the death penalty is a human rights violation and that death row prisoners are victims. Because a jury concluded that these individuals committed heinous, violent crimes, they are excluded by the heroic victim paradigm. Only if death row prisoners can be proven (usually through DNA evidence) not to have committed the crimes for which they were convicted can these individuals qualify as pathetic victims. In the absence of any reason to believe that they are innocent and especially if they are unrepentant, they are widely regarded as brutal victimizers of others who deserve no sympathy for, let along relief from, the suffering they “brought on themselves.” Finally, I confront the Othering of victims that results from the two victim paradigms, which leads many victims to eschew the label, thereby opting out of human right discourse. I propose revisions in the victim paradigms that eliminate the real-world exclusions they sponsor as well as the Othering of victims of human rights abuses. In particular, I endorse greater attention to what people and the institutions they create do to other people, and I favor a presumption that unnecessary and severe humanly inflicted suffering is a human rights violation. Moreover, I reject the innocence criterion embedded in the two paradigms and urge that it be replaced by a burdened agency criterion. These modifications better align the concept of a victim with a realistic understanding of human subjectivity and agency and allow for a more capacious understanding of who is a bearer of human rights and under what conditions right-holders become victims of rights violations. (shrink)

Our private perception of listening to an individualized playlist during a jog is very different from the interaction we might experience at a live concert. We do realize that music is not necessarily a performing art, such as dancing or theater, while our demands regarding musical performances are conflicting: We expect perfect sound quality and the thrill of the immediate. We want the artist to overwhelm us with her virtuosity and we want her to struggle, just like a human. We (...) want to engage with the musical expression and rely on visual and physical cues. Considering that the ears of today's listeners are used to technologically mediated music, in this paper I explore the unique qualities of musical live performances and examine if our conception allows for new mechatronic inventions, in particular robotic musicians, to participate in this art form. Some of Godlovitch's main thoughts expounded in his work on "musical performance" [11] serve as a reference and starting point for this investigation. His concept of `personalism', which deprives computer-/program-based musical performances from expressive potential and creative accomplishment is an issue that I want to challenge by pointing out new approaches arising from a reective discourse on technology, embodiment and expression. The enquiry conducted illustrates, how in reasoning about machine performers and algorithmic realization of music, we also examine the perceptual, physical and social aspects of human musicianship, reconceptualizing our understanding of a musical live performance. (shrink)

Over the last thirty years, once staunchly film history scholars such as Thomas Elsaesser, Jane Gaines, Siegfried Zielinski, André Gaudreault and Benoît Turquety (to name just a few) have abandoned history for historiography and film studies for media archaeology. Considering the heightened attention given to kulturtechnik (Siegert), the database as a dominant symbolic metaphor,1 and the decentered networked tenants of the postmodern global present, cinema is taking on the characteristics of new media, existing in increasingly intertextual space. Thus, the term (...) “post-cinema” has been co-opted as a viable intermediary that accounts for new media conditions, as cinema is no longer emblematic of our cultural climate. It was once presaged in 1992 that “[t]he end of the cinema truly sounds the death knell of the ultimate metaphysical adventure of Dasein. In the twilight of post-cinema, of which we are seeing the beginning, human quasi-existence, now stripped of any metaphysical hypostasis and deprived of any theological model, will have to seek its proper generic consistency elsewhere.” Accordingly, we are no longer “moviegoing animals” who seek images of ourselves among a collective in the dark but, rather, users interfacing within a network of moving images. By locating post-cinema within the semblance of social media, we are allocated a newfound series of theoretical interventions, the most marked of which is that of media archeology vis-à-vis dialectical materialism. This is a lens through which Brian Winston has recently deftly decried Virtual Reality’s “empathy machine” utopic illusionism, bolstered by Chris Milk and a slew of neurohumanities researchers, steadily maintaining that the fundamental myth of “technologies of seeing” is in disguising “their artifice, their cultural formation and their ideological import.” However, this approach, which illuminates the bifurcation between Max Horkheimer/Theodor Adorno and Walter Benjamin, neglects what Benjamin identified as occurring to the work of art in the age of its technological reproducibility—a shift from a technology’s “cult value,” associated with the unique work, to its “exhibition value,” associated with the social act of viewing as part of a mass. Speaking to this divarication, Benjamin Barber, in Strong Democracy, foresaw new media’s two-fold potential—as they are organized and networked, new media and communications technologies possess the possibility to both energize citizen information and political participation but, simultaneously, to supplement the deterioration of public debate. As evinced by Mark Adrejevic’s concept of Infoglut, this two-pronged possibility has only been exacerbated by the interlocking relationship between the advent of a “glut” of information, post-truth politics, the demise of symbolic efficiency, and a renewed focus on the role of affect and emotion as “alternative modalities for thinking about the role of communication in a post-referential era.” Manuel Castells qualifies Barber’s pessimism, noting that the Internet can “be an appropriate platform for informed, interactive politics, stimulating political participation.. […] beyond the closed doors of political institutions,” but that the Internet, like any technology, “is shaped by its uses and users.” Thus, if there exists a positive correlation between exposure to post-cinema media artifacts and political participation, then I seek to explore the revelatory political possibilities of “exhibition value” by way of a particular “post-cinema” case study: the Marxist-Leninist Turkish hacktivist group Redhack’s YouTube-circulated documentary RED! (2013), a project that demanded—by way of the moving-image—to galvanize cyberprotest and democratize a “hacktivist commons. (shrink)

When we take into consideration all those who fall under the UN-Habitat’s definition of “houseless” or at risk of houselessness, we see that the central issue of homelessness is not the specific problems or failings of the various subpopulations of the houseless, but rather the structural causes of houselessness themselves: social, political, economic, and ecological factors which deprive and dispossess people of their livelihoods, their labor, their security, and their dignity. However, when debates are framed too narrowly as if (...) the central problem revolves around the special characteristics of a problematic subpopulation (i.e., their deficiency in autonomy), such discussions tend to downplay, ignore, or obscure larger structural causes of houselessness and the role of local and regional struggles and public policy initiatives to meet basic human needs, and provide basic, affordable shelter for vulnerable populations. In this chapter, I explore one such debate over the “autonomy” of the homeless and try to show how the debate too narrowly defines and limits our understanding of homelessness and therefore obscures a broader, needs-based conception of houselessness and the structural issues that underpin various states of houselessness around the globe. (shrink)

Invoking three desiderata (empirical adequacy, conceptual precision, and sensitivity to social positioning), this paper argues that poverty is best understood as the deprivation of certain human capabilities. It defends this way of conceiving of poverty against standard alternatives: lack of income, lack of resources, inequality, and social exclusion.

(Conference proceedings 2014) This presentation (International Development Ethics Association, July 2014) considers economic vulnerability, exploring the risk of deprivation of necessary resources due to a complex and rarely discussed vulnerability that arises from hope. Pierre Bourdieu’s sociological account of French petit-bourgeois aspiration in The Social Structures of the Economy has recently inspired Wendy Olsen to introduce the term “aspiration paradox” to characterize cases wherein “a borrower's status aspirations may contribute to a situation in which their borrowings exceed their (...) capacity to repay,” leaving the individual much the worse, due to an aspiration to betterment. If such financial opportunities were not made available to these people – if some were denied loans due to a careful assessment of their vulnerability – would they be better off? We should seriously consider that they might be. I will hazard the straightforwardly paternalistic suggestion that limiting access to lending to those who are vulnerable to their aspirations can be a just policy. Because aspiration paradox is a cross-cultural phenomenon, and because lending frequently involves asymmetries in mathematical education between borrowers and lenders, I hope to elude at least some of the charges of colonialism that have gained a stronger purchase on adaptive preference arguments. (shrink)

Our planet contains 194 independent states and much more nations. They share membership of the United Nations and in consequence they subscribed the Universal Declaration of Rights. These are rooted in the modern universal conception of states and human rights formulated by philosophers of the Enlighten Age like Locke, Kant., Montesquieu, Voltaire and Rousseau. Concepts like democracy are mirrored to the organization of the political life as it was developed in North America and Europe at the end of the 18th (...) and the 19th century. Universality was deeply rooted in the Western intellectual, moral and religious tradition of that part of the world. Even globalization of the economic and social life is governed by the same Western standards and worldwide consumed basic goods like prime matter,. food and energy is expressed in terms of Western currency like dollar, pound sterling or euro. Despite this economic globalization there were two contradictory political evolution to discern: At the one hand more than 70 new states where created and on the other hand 28 European states started to integrate to a political European Union. The latter trend was based on a deep economic integration and since the creation of the euro also a financial integration. Basic idea was the creation of a free economic market as bases for a political unified Europe. Euro criticism is not only identified with conservatism, nationalism, narrow mind and even racism, euro criticism is deprived from any intellectual significance. However other trends put some shadow on the European project. First the Soviet experience around Marxism, Leninism and Stalinism unified more different nations than the European Union but ended in a complete political and economic chaos. Secondly the financial euro crisis involves only the tacit undermining of the national political independence of the member states, but does not make room for a deep analysis what the fundamentals are of this crisis such as lack of confidence of the citizen in the created unified political and financial market and its main instruments like banks that we consider as the fundamental boundary conditions of the worldwide globalization of goods, power and all aspects of human life. Furthermore we claim that this market in al its aspects is the worst answer to the inconvenient yet unavoidable truth that Western way of life of consumption includes a ecological footprint that exceeds since many years the sustainability of our planet. -/- . (shrink)

The object of the study is to introduce an innovative approach to the long-lasting theoretical discussion about the meaning and extent of political liberty in a modern democratic society. The suggested way to explain why the democratic political order as such might give rise to considerable challenges for political liberty introduces the classical virtue of courage as a possible key explanatory factor underlying the major tensions that emerge between democracy and liberty. Such approach provides some new insights into the debate (...) about the origins, limits, and political perspectives of modern democracies. The analysis starts by conceptualizing modern democracy as a political form which expresses a specific ethical idea about the natural equality of people. Generally, it means that egalitarianism is the founding idea and moral purpose of a democratic political system, which tends to develop into a modern type of representative government and civil society. The second part of our analysis emphasizes the fact that liberty is by nature a political fact achieved only by practical participation of an individual in public life, and which cannot be reduced to formal, legal, economic or moral categories. Liberty, being a principle of public action, requires the capacity of a person to risk his personal wealth and safety for the sake of the common good. The third part of the analysis explains the crucial importance of the virtue of courage to the whole political life, as it is an ethical idea which aims at building such a character of a person that is capable and motivated to live an active public life. It is the virtue of courage that makes an individual morally fit and eager to practice liberty, as well as ready to defend it against any acts of despotism. Finally, the analysis assesses the diminishing role of courage due to the egalitarian public order of a democracy, resulting in adverse effects on liberty. The conclusions of the article highlight several points which are noted below. In a democratic society, courage loses its status as a virtue; thus, individuals become less capable and less motivated to live an active public life. Democracy rests on the principle that implies establishing and protecting the equality of its citizens, while the virtue of courage expresses an implicit distaste for egalitarianism and encourages people to strive for an ethically superior status than that of all the rest, i.e. it makes a clear hierarchical distinction between cowards, conformists, and heroes. That’s why democracy banishes courage from its equality favoring public life, depriving it of its ethical status. The decline of this virtue makes the practice of liberty more complicated as individuals lose interest in risking their private wealth and safety for the sake of the common good. The diminishing capacity and interest of citizens in democracy to live an active public life, while giving preference to social equality which requires no personal effort, is a major problem for political liberty. As people become indifferent to the pursuit of the common good, liberty becomes inactive, and the political community becomes less immune to various manifestations of despotism. (shrink)

My dissertation develops a novel approach to institutional analysis and begins to apply this approach to debates in the international justice literature. The main innovation of this institutional failure analysis approach is to ground our normative evaluation of institutions on a detailed understanding of the causal processes that generate problematic social outcomes. Chapters 1 and 2 motivate the need for this new approach, showing that philosophers' neglect of causal explanations of global poverty leads extant normative analyses of poverty astray. (...) The upshot is that causal (as opposed to moral) analyses of social outcomes must play a more central role than is typical in philosophers' moral assessment of institutional arrangements. Chapter 3 introduces and outlines the failure analysis framework. -/- Chapters 5 and 6 employ the failure analysis approach to address recent debate concerning an example of severe deprivation caused by institutional failure— the economic stagnation and authoritarian governance associated with natural resource dependence. Chapter 5 articulates a causal explanation of this so-called "resource curse." I claim that the curse occurs when a resource dependent country's domestic institutional structure permits the political leaders to disregard citizens' interests. My argument enumerates the conditions under which state leaders choose to advance citizens' interests. In chapter 6, I show that extant prescriptions to address the resource curse fail to satisfy at least one necessary condition for mitigating the resource curse. In particular, I highlight the importance of providing citizens with credible exit options both as necessary to successfully mitigating the resource curse and as being among the best forms of compensation to curse victims. I then explore the feasibility of various options for helping curse victims avoid absorbing the consequences of their resource-cursed situation. I end by tentatively proposing a strategy for mitigating the resource curse that satisfies the necessary conditions for a successful prescription as identified by the explanation in chapter 5. (shrink)