In the past decade UNESCO has pursued a leadership role in the articulation of general principles for bioethics, as well as an extensive campaign to promulgate these principles globally.1 Since UNESCO's General Conference adopted the Universal Declaration on Bioethics and Human Rights in 2005, UNESCO's Bioethics Section has worked with member states to develop a "bioethics infrastructure." UNESCO also provides an "Ethics Teacher Training Course" to member states and disseminates a "core curriculum," primarily targeting medical students. The core curriculum orients (...) itself by the Universal Declaration on Bioethics and Human Rights and aims to articulate a set of "bioethical principles" that provide a "common global . (shrink)

ICTs, personal data, digital rights, the GDPR, data privacy, online security… these terms, and the concepts behind them, are increasingly common in our lives. Some of us may be familiar with them, but others are less aware of the growing role of ICTs and data in our lives - and the potential risks this creates. These risks are even more pronounced for vulnerable groups in society. People can be vulnerable in different, often overlapping, ways, which place them at (...) a disadvantage to the majority of citizens; Table 3 in this guide presents some of the many forms and causes of vulnerability. As a result, vulnerable people need greater support to navigate the digital world, and to ensure that they are able to exercise their rights. This guide explains where such support can be found, and also answers the following questions: - What are the main ethical and legal issues around ICTs for vulnerable citizens? - Who is vulnerable in Europe? - How do issues around ICTs affect vulnerable people in particular? This guide is a resource for members of vulnerable groups, people who work with vulnerable groups, and citizens more broadly. It is also useful for data controllers1 who collect data about vulnerable citizens. While focused on citizens in Europe, it may be of interest to people in other parts of the world. It forms part of the Citizens’ Information Pack produced by the PANELFIT project, and is available in English, French, German, Italian and Spanish. You are welcome to translate this guide into other languages. Please send us a link to online versions in other languages, so that we can add them to the project website. (shrink)

In society, human vulnerability is associated with multiple causes such as poverty, injustice, discrimination and illnesses, among others. In the midst of this panorama of external agents that lead human beings to situations of vulnerability, some clearly see – although others not so much – a vulnerability proper to the human person, simply because they exist. This approach to vulnerability is considered to be a conditio humana that affects everyone. Precisely because it is a conditio humana, vulnerability is closely related (...) to autonomy. For this reason, in this article we have attempted to deepen in the interrelationship between autonomy and vulnerability, focusing on an anthropological vulnerability, and determining whether vulnerability constitutes an impediment for autonomy, as vulnerability and autonomy seem to be the representatives of polar opposites: one that is limited and can do nothing or very little, and the other that can do everything and has no limits. -/- La vulnerabilidad humana está asociada en la sociedad a múltiples causas, tales como la pobreza, la injusticia, la discriminación, las enfermedades, entre otras. En medio de este panorama de agentes externos que lleven a los seres humanos a situaciones vulnerables, se deja ver, para unos claramente, para otros no tanto, una vulnerabilidad propia a la persona humana por el simple hecho de existir. Uno de los enfoques de la vulnerabilidad es considerarla como una conditio humana que nos afecta a todos, asunto que ha sido insistentemente ratificado por el pensamiento contemporáneo. Justamente, por ser una conditio humana, la vulnerabilidad se encuentra en estrecha relación con la autonomía. Es así que en este trabajo nos hemos propuesto ahondar en ese entramado de autonomía y vulnerabilidad, tomando el enfoque de la vulnerabilidad antropológica con el fin de describir la interrelación entre dichos principios y determinando si la vulnerabilidad constituye un “freno” o no para la autonomía, pues vulnerabilidad y autonomía parecen ser los representantes de dos polos opuestos, el del que se encuentra limitado y no puede hacer nada o hace poco, y el del que puede hacerlo todo sin ningún límite. (shrink)

Unethical behavior among university students such as cheating and plagiarism has weakened the character of honesty in education. This fact has challenged those who perceived education as a holistic process of internalizing values and norms that lead to the formation of students’ moral principles and moral behavior. Educators have played the role of ensuring the students to internalize and realized moral values and norms. A study of 360 students of the second semester who enrolled at the course of “ethical and (...) personal development” at Atma Jaya Catholic University in Indonesia showed that unethical behavior such as cheating and plagiarism were rarely done. However, a deep look at the reason the students did academic dishonesty has prompted the permissiveness of student’s moral life. This study proves that academic integrity among university students is worrisome, and it is worsened by the fact that they were enrolled in the course of “ethical and personal development”. Seriously taking into consideration the strong desire of students to change the culture of academic misconduct, the authors argue that an educational model which is not oriented excessively to cognitive performance is needed. The authors argue that this position has to be practiced in line with the involvement of “clean” students who are involved as role models in influencing the formation of student awareness and ethical behavior. (shrink)

Does the fact that humans are vulnerable, needy and dependent beings play an important role in Kantian ethics? It is sometimes claimed that it cannot and does not. I argue that it can and does. I distinguish between broad (all persons are vulnerable) and narrow (only some persons are vulnerable) senses of vulnerability, and explain the role of vulnerability in both senses in Kantian ethics. The basis of this argument is to show that the core (...) normative focus of Kantian ethics is on the dignity that human beings have in virtue of their capacity for rational agency. This implies that the empirical conditions under which human beings can acquire, sustain, exercise, and develop their rational capacities are of core moral importance in Kantian ethics. This explains why human vulnerabilities, including the vulnerability of human bodies, are important in Kantian ethics, since rational capacities in human agents (and the bodies those rational capacities depend upon) are highly vulnerable in all persons (vulnerability in the broad sense) and especially vulnerable in some sub-groups of persons (vulnerability in the narrow sense). (shrink)

Presently, there is a lack of psychological and quantitative studies in Singapore about discriminatory attitudes. This paper aimed to contribute to this aspect. However, to examine actual behavior can be difficult due to the sensitive nature of the needed data. Hence, this study approached discrimination at an attitudinal level. Six vulnerable groups were examined in this study. They consisted of people of a different race, immigrants or foreign workers, homosexuals, people living with HIV/AIDS, people of a different religion, and (...) unmarried couples living together. Two research questions were posed: 1) What is the prevalence of having discriminatory attitude toward vulnerable groups? and 2) What are the predictors of these discriminatory attitudes? Using a sample population of 1,972 Singaporeans, descriptive analysis and binomial logistic regression analysis were conducted. Firstly, based on the results, the prevalence ranged between 10.76% to 42.46%. Singaporeans have discriminatory attitude toward vulnerable groups who can be categorized into two: the least discriminated (three groups ranging between 10.76% to 15.48%) and the highly discriminated (three groups ranging between 30.86% to 42.46%). Secondly, binomial logistic regression showed support for several significant predictors such as emphasis on the importance of religion and tradition, and employment status, depending on the model assessed. However, one pattern was observed in all the models, that a person who discriminates one group is more likely to discriminate another group. The findings were then discussed and explained within the context of Singapore. (shrink)

Is it possible to justify requiring that I respond adequately to the other’s vulnerability? I contend that insofar as I value my own personal identity it is consistent to respond adequately to the vulnerability of the other. Part one provides a break down of vulnerability in terms of its fundamental indeterminacy. Part two illustrates how the ability to respond either adequately or inadequately to the other’s vulnerability is implied by the fundamental co-constitution of personal identity. I understand myself as a (...) self only insofar as I stand in relation to other selves that see me as a self. If the relationship between recognition and identity also holds for the other, my response to her vulnerability founds her identity as well. In part three the relationship developed in part two is employed to justify the obligation to respond adequately to the vulnerable other. If I value my own personal identity, then I require an adequate response from others, because that response plays an integral role in the foundation of my personal identity. The other cannot respond adequately to my vulnerability unless her own identity is assured. Only if I respond adequately to the vulnerability of the other will she be in a position to assure my identity. Therefore, I ought to respond adequately to the vulnerability of others if for no other reason than it puts the other in a position where she can assure the personal identity that I value. (shrink)

At the heart of Levinas’s work is the apparently simple idea that through the encounter with another person, we are forced to give up our self-concern and take heed of the ethical relation between us. But, while simple on the surface, when one tries to characterize it in more detail, it can be hard to fit together the various ways in which Levinas talks about this relation and to identify precisely what he took its normative structure to be, as this (...) is described in a number of apparently different ways, that are not obviously compatible or equivalent, such as “command,” “call,” “summons,” “demand,” and so on. In this chapter, we intend to focus on these different characterizations and show what makes them different while also endeavoring to find a way in which Levinas’s conception may nonetheless be fitted together into a coherent account of the face-to-face encounter that is at the heart of his ethics. We will begin by considering the different normative terms used to characterize the encounter in that text and show how they are conceptually distinct from one another; we will then offer a way to read Levinas’s position to nonetheless show how these different normative relations can be fitted together into a stable position. (shrink)

The nature and value of autonomy has long been debated in diverse philosophical traditions, including moral and political philosophy. Although the notion dates back to ancient Greek philosophy, it was during the Age of Enlightenment that autonomy drew much attention. Thus, as may be known, moral philosophers tended to emphasize self-regulation, particularly one’s own will to abide by universal moral laws, as the term “autonomy” originates from the Greek words “self” (auto) and “rule” (nomos). In parallel, modern epistemologists supposedly espoused (...) the idea of intellectual autonomy as self-reliance. In this classical view, an intellectually autonomous explorer of knowledge must not depend on a belief that is obtained from another’s testimony, until one can justify it to oneself. However, accompanying the growing focus on the importance of social dimensions of acquiring knowledge and understanding, recent epistemologists have doubted the classical view and have since reconsidered intellectual autonomy from distinct approaches such as social and virtue epistemology. This paper propounds an interpersonal-epistemic approach to intellectual autonomy. First, it is argued that thinking through questioning both individually and with other epistemic peers is an interpersonal-epistemic practice. Second, it is demonstrated that with particular cognitive features inherent within us, an intellectually autonomous person must think through questioning in necessary situations. This interpersonal account of intellectual autonomy can conceptually enrich intellectual autonomy by considering its relationship with not only responsibility but also with vulnerability. Specifically, regarding responsibility, an intellectually autonomous person must be responsible for his or her own actions throughout questioning processes. Regarding vulnerability, our intellectual autonomy lies in retaining autonomy with vulnerability in the plastic control of the questioning processes. (shrink)

- First book to describe what pain means in vulnerable or special groups of people - Clinical applications described in each chapter - Provides insight into the nature of pain experience across the lifespan -/- This book, the third and final volume in the Meaning of Pain series, describes what pain means to people with pain in “vulnerable” groups, and how meaning changes pain – and them – over time. -/- Immediate pain warns of harm or injury to (...) the person with pain. If pain persists over time, more complex meanings can become interwoven with this primitive meaning of threat. These cognitive meanings include thoughts and anxiety about the adverse consequences of pain. Such meanings can nourish existential sufferings, which are more about the person than the pain, such as loss, loneliness, or despair. -/- Although chronic pain can affect anyone, there are some groups of people for whom particular clinical support and understanding is urgently needed. This applies to “vulnerable” or “special” groups of people, and to the question of what pain means to them. These groups include children, women, older adults, veterans, addicts, people with mental health problems, homeless people, or people in rural or indigenous communities. Several chapters in the book focus on the lived experience of pain in vulnerable adults, including black older adults in the US, rural Nigerians, US veterans, and adults with acquired brain injury. The question of what pain experience could mean in the defenceless fetus, neonate, pre-term baby, and child, is examined in depth across three contributions. -/- This book series aspires to create a vocabulary on the “meanings of pain” and a clinical framework with which to use it. It is hoped that the series stimulates self-reflection about the role of meaning in optimal pain management. -/- Meanings of Pain is intended for people with pain, family members or caregivers of people with pain, clinicians, researchers, advocates, and policy makers. Volume I was published in 2016; Volume II in 2019. (shrink)

In this introductory paper, I discuss the second-personal approach to ethics and the theory of recognition as two accounts of the fundamental sociality of the human form of life. The first section delineates the deep affinities between the two approaches. They both put a reciprocal social constellation front and center from which they derive the fundamental norms of moral and social life and a social conception of freedom. The second section discusses three points of contrast between the two approaches: The (...) accounts differ in that the second-personal approach opts for a narrower conception of recognition focusing on mutual moral accountability, whereas recognition theory suggests a broader conception including relations of love, respect, and esteem. Secondly, the accounts differ as to how they conceive of the interrelation of the I-thou and the I-We relationship. Finally, they differ with regard to the way they think of struggles for recognition. Whereas the second-personal approach suggests that we can understand struggles on the basis of a transcendental infrastructure of second-personal address, the theory of recognition considers norms of recognition as themselves constituted by dialectical social struggles. The paper closes with a reflection on the ways in which both approaches can help us understand the social vulnerability of the human form of life. (shrink)

In the trust-health relationship, how trusting other people in society may promote good health is a topic often examined. However, the other direction of influence – how health may affect trust – has not been well explored. In order to investigate this possible effect, we employed Bayesian Mindsponge Framework (BMF) analytics to go deeper into the information processing mechanisms underlying the expressions of trust. Conducting Bayesian analysis on a dataset of 1237 residents from Cali, Colombia, we found that general health (...) status is positively associated with generalized trust, but recent experiences of illnesses/injuries have a negative moderating effect. Personalized trust is largely unchanged across different general health conditions, but the trust level becomes higher with recent experiences of illnesses/injuries. Psychophysiological mechanisms of increasing information filtering intensity toward unfamiliar sources during a vulnerable state of health is a plausible explanation of found patterns in generalized trust. Because established personal relationships are reinforced information channels, personalized trust is not affected as much. Rather, the results suggest that people may rely even more on loved ones when they are in bad health conditions. This exploratory study shows that the trust-health relationship can be examined from a different angle that may provide new insights. (shrink)

Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation Pages 2-7 Current Criminal Law ISSN 1758-8405 Volume 2 Issue 3 March 2010 Author SALLY RAMAGE WIPO 900614 UK TM 2401827 USA TM 3,440.910 Orchid ID 0000-0002-8854-4293 Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Publisher & Managing Editor, Criminal Lawyer series [1980-2022](ISSN 2049-8047); Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson (...) Reuters) (Licensed Annotator of UK Statutes) in Current Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. Trade Mark SALLY RAMAGE ® 2401827 (2005-2025) in the UK, WIPO Trade Mark SALLY RAMAGE® 900164; USA-(Trade Mark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. Essentially, Social Network information may not always be admissible in a court of law but may be the door to lead to other, non-contentious evidence. In fact, even illegally obtained evidence may sometimes be admissible evidence, though this is not absolute. Most of the information available on social networking sites will be ‘personal data’. The data controller is the network operator, without whose consent, collecting such information could be an offence, unless it was necessary for the purpose of preventing or detecting crime. (shrink)

This paper argues that assessing personal responsibility in healthcare settings for the allocation of medical resources would be too privacy-invasive to be morally justifiable. In addition to being an inappropriate and moralizing intrusion into the private lives of patients, it would put patients’ sensitive data at risk, making data subjects vulnerable to a variety of privacy-related harms. Even though we allow privacy-invasive investigations to take place in legal trials, the justice and healthcare systems are not analogous. The duty of (...) doctors and healthcare professionals is to help patients as best they can—not to judge them. Patients should not be forced into giving up any more personal information than what is strictly necessary to receive an adequate treatment, and their medical data should only be used for appropriate purposes. Medical ethics codes should reflect these data rights. When a doctor asks personal questions that are irrelevant to diagnose or treat a patient, the appropriate response from the patient is: ‘none of your business’. (shrink)

John Locke’s account of personal identity is usually thought to have been proved false by Thomas Reid’s simple ‘Gallant Officer’ argument. Locke is traditionally interpreted as holding that your having memories of a past person’s thoughts or actions is necessary and sufficient for your being identical to that person. This paper argues that the traditional memory interpretation of Locke’s account is mistaken and defends a memory continuity view according to which a sequence of overlapping memories is necessary and sufficient for (...) personal identity. On this view Locke is not vulnerable to the Gallant Officer argument. (shrink)

Epistemic trespassing, science denial, refusal to guard against bias, mishandling higher-order evidence, and the development of vice are troubling intellectual behaviors. In this paper, I advance work done by psychologists on moral self-licensing to show how all of these behaviors can be explained in terms of a parallel phenomenon of epistemic self-licensing. The paper situates this discussion at the intersection of three major epistemological projects: epistemic explanation and intervention (the project of explaining troubling intellectual phenomena in the hopes of deriving (...) ameliorative strategies), hostile epistemology (the study of how intellectual vulnerabilities might be exploited), and the promise of higher- order evidence (the hope that higher-order evidence leads to epistemic improvement). Analyzing epistemic licensing allows us to explain and offer modest interventions aimed at mitigating these behaviors, while illuminating exploitable vulnerabilities and tempering optimism about the promise of higher-order evidence. -/- . (shrink)

According to the traditional interpretation, Aristotle’s ethics, and ancient virtue ethics more generally, is fundamentally grounded in self-interest, and so in some sense egoistic. Most contemporary ethical theorists regard egoism as morally repellent, and so dismiss Aristotle’s approach. But recent traditional interpreters have argued that Aristotle’s egoism is not vulnerable to this criticism. Indeed, they claim that Aristotle’s egoism actually accommodates morality. For, they say, Aristotle’s view is that an agent’s best interests are partially constituted by acting morally, so (...) that the virtuous person sees morality as essential to her happiness. (Call this, ‘the Constitutive Thesis’.) In this paper, I argue that the constitutive thesis is unpersuasive, both from a theoretical standpoint and (for similar reasons) as an interpretation of Aristotle. It is unpersuasive because it is much more demanding in both respects than several nonegoist alternatives. My argument builds on an objection originally offered by John McDowell. McDowell claimed (1) that the Constitutive Thesis requires that there are independent standards of self-interest that can be agreed upon in advance by all parties to the dispute, both virtuous and nonvirtuous; and (2) that there are no such standards. I argue that McDowell is mistaken. The orthodox position requires much less than McDowell claims if it makes an appeal to the distinctiveness of the virtuous person’s point of view. However, unfortunately for traditionalists, the price of this point of view defence is high. First, to be even remotely plausible, the revised orthodox view must be almost frighteningly complex. Second, once this complexity is exposed, the orthodox view is much less plausible than its major rivals, in particular those which appeal directly to moral reasons. (shrink)

The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of (...) physical integrity can only place socially vulnerable persons at great risk of abuse. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

Since time immemorial, poverty reduction interventions in Sub‐Saharan Africa like everywhere in the South, have focused on the individual as the basic ingredient of a moral society (ethical individualism). According to this perspective, in order to lift human persons out of poverty, it is imperative to integrate poor persons into poverty eradication interventions irrespective of sex, social status and gender. Scholars and institutions that subscribed to this conception of poverty thought that individuals were poor because of personal weaknesses (...) (case poverty).This perspective has been greatly challenged due to the upsurge of gender and human rights scholarship in the 20th century. Gender scholars have painstakingly argued that in order to understand poverty, we need to look at society (ethical collectivism). They have rejected the Women in Development(WID) discourse that aims at integrating women into the development process in favour of the Gender and Development(GAD) approach to development and poverty reduction that aims at confronting power relations between men and women (empowerment).This GAD perspective looks at poverty in terms of the powerlessness speared head by prevailing structures in society (structural poverty) and hence the need to empower vulnerable persons such as women to challenge structures and strictures of oppression. The International Monetary fund (IMF) and World Bank as vehement promoters of economism in Sub‐Saharan Africa for decades have urged governments to include the perspectives of the poor in poverty polices through what they call participatory poverty assessments (PPAs). Despite its deceptive appearance, this PPAs stance of the IMF and World Bank tacitly looks at poverty as a case and not structural issue and that is why Uganda’s ambitious poverty reduction policy though greatly informed by Participatory Poverty Assessments greatly ignores structures and strictures that render women vulnerable to poverty. This paper critically assesses the obliviousness of Uganda’s Agricultural poverty policy to structures and how this has militated on the gender poverty production in Uganda. The paper contends that in order to realise engendered poverty eradication in Uganda, it is pertinent for the agricultural policy to ultimately make paradigm shift from focusing on the individual as the basic ingredient of a moral society (ethical individualism) to confronting structures and strictures that disempower and vulnerablelise individual moral agents (ethical collectivism). (shrink)

Background: The COVID-19 pandemic, alongside the restrictive measures implemented for its control, may considerably affect people’s lives particularly vulnerable persons such as children, elderly and people with underlying diseases. This study aimed to assess the well-being of Vietnamese people after COVID-19 lockdown measures were lifted and life gradually returned to normal in Vietnam. Methods: An online survey was organized from 21 st to 25 th April 2020 among Vietnamese residents aged 18 and over. Data were collected concerning the (...) participants’ health status, COVID-19 preventive behaviour, and consequences of the preventive measures. The WHO-5 Well-Being Index was used to score participants’ well-being. Results: A total of 1922 responses were analyzed (mean age was 31 years; range: 18-76). Factors associated with a high well-being score included older age, eating healthy food, practising physical exercise, working from home, and adherence to the COVID-19 preventive measures. Female participants, persons worried about their relatives’ health, and smokers were more likely to have a low well-being score. Conclusions: The Vietnamese people continued to follow COVID-19 preventive measures even after the lockdown was lifted. Most respondents scored high on the well-being scale. However, the emergence of a new COVID-19 outbreak with an epicenter in Da Nang city is expected to increase public anxiety and mental health problems. It is clear that together with preventive measures, developing strategies to guarantee the well-being of the Vietnamese people’s is equally important. (shrink)

A crucial question in relation to support designed to enable the legal capacity of people with mental disabilities concerns when support constitutes undue influence. This article addresses this question in order to facilitate the development of law and policy in England and Wales, by providing a normative analysis of the different approaches to undue influence across decisions about property, contracts, health, finances, and accommodation. These are all potential contexts for supporting legal capacity, and, in doing so, the article compares approaches (...) to undue influence that are rarely considered together. -/- Drawing on the UN Convention on the Rights of Persons with Disabilities, third sector and public body documents, and law in England and Wales, the analysis identifies six models that conceptualise undue influence in terms of: modes of influence; an overborne will; an inference from the situation; an overborne will understood as a mental incapacity; an overborne will in connection with vulnerability; and impaired discursive control. This final approach is a novel proposal for understanding undue influence. The analysis highlights key policy-relevant issues that distinguish the models, and generates a deliberative framework for navigating them, with the ‘overborne will’, ‘inference-based’, and ‘discursive control’ models identified as potentially fitting for the support context. (shrink)

Why is it more violating to grab a stranger’s thigh or stroke their face than it is to grab their forearm? Why is it worse to read someone’s dream journal without permission than it is to read their bird watching field notes? Why are gestation mandates so incredibly intrusive? Intimacy is key to understanding these cases, and to explaining many of our most stringent rights. -/- I present two ways of thinking about intimacy, Relationship-First Accounts and the Intimate Zones Account. (...) I argue that only the Intimate Zones Account lets us cohesively understand intimacy’s importance, and the scope of our intimate rights. I characterize our intimate zones as meeting the Hiddenness and Importance Conditions. A feature’s meeting these conditions makes it a locus of special vulnerability by which our persons can be fundamentally altered. This special vulnerability explains why our duties to respect the intimate boundaries of others are so strict. (shrink)

In this paper I address a tension in Samantha Vice’s claim that humility and silence offer effective moral responses to white shame in the wake of South African apartheid. Vice describes these twin virtues using inward-turning language of moral self-repair, but she also acknowledges that this ‘personal, inward directed project’ has relational dimensions. Her failure to explore the relational strand, however, leaves her description of white shame sounding solitary and penitent. -/- My response develops the missing relational dimensions of white (...) shame and humility arguing that this strand, once visible, complicates Vice’s project by (1) challenging her unitary and homogenous view of white identity, and (2) demonstrating the important role vulnerability plays in our understandings of white shame. (shrink)

Braun explores the use of digital twin technology in medicine with a particular emphasis on the question of how such simulations can represent a person.1 In defining some first conditions for ethically justifiable forms of representation of digital twins, he argues that digital twins do not threaten an embodied person, as long as that person retains control over their simulated representation via dynamic consent, and ideally with the option to choose both form and usage of the simulation. His thoughtful elaboration (...) provides insight into the challenges inherent in interactions between a person and their digital twin, emphasising the modes of control required to respect personal modes of freedom. This individual-centric approach to the question of representation leaves out the important ethical consideration of ensuring that all, not merely some, can be represented. Braun describes dynamic consent as a necessary mode of control, arguing that where a person is unable to give consent, ‘such simulations threaten to become illegitimate representations. They would then shift the kind of interaction from representation to illegitimate forms of prediction or surveillance and thereby could lead to infringements to individual modes of freedom.’ Consequently, the implementation of digital twin technology in healthcare would seem to exclude the most vulnerable members of society from participation in and benefiting from medical innovation, …. (shrink)

My aim in this paper is to draw attention to a currently underdeveloped notion of pain and alienation, in order to sketch an account of the harms of ‘discursive abuse’. This form of abuse comprises systemic practices of violating a person’s vulnerable integrity as a knowing agent. Discursive abuse results in, what I would like to call, ‘agential alienation’. This particular genus of alienation, whose broad conceptual origins lie in the respective works of Hegel and the early Marx, involves (...) an agent being robbed of their self-conception as a rational inquirer and participant in a deliberative public sphere. Such alienation causes a particular kind of pain for an agent that often has harrowing material effects. (shrink)

Value capture occurs when an agent’s values are rich and subtle; they enter a social environment that presents simplified — typically quantified — versions of those values; and those simplified articulations come to dominate their practical reasoning. Examples include becoming motivated by FitBit’s step counts, Twitter Likes and Re-tweets, citation rates, ranked lists of best schools, and Grade Point Averages. We are vulnerable to value capture because of the competitive advantage that such crisp and clear expressions of value have (...) in our private reasoning and our public justification. There is, however, a price. In value capture, we take a central component of our autonomy — our ongoing deliberation over the exact articulation of our values — and we outsource it. And the metrics to which we outsource usually engineered for the interests of some external force, like a large-scale institution’s interest in cross-contextual comprehensibility and quick aggregability. That outsourcing cuts off one of the key benefits to personal deliberation. In value capture, we no longer adjust our values and their articulations in light of own rich experience of the world. Our values should often be carefully tailored to our particular selves or our small-scale communities, but in value capture, we buy our values off the rack. In some cases – like decreasing CO2 emissions – the costs of non-tailored values are outweighed by the benefit of precise collective coordination. In other cases, like in our aesthetic lives, they are not. This suggests that we should want different values suited to different scales. We should want value federalism. Some values are perhaps best pursued at the largest-scale level, others at smaller scales. The problem occurs when we exhibit an excess preference for the largest-scale values – when we consistently let the universal metrics swamp our quieter interests. (shrink)

Schopenhauer repeatedly claims that suicide is both foolish and futile. But while many commentators have expressed sympathy for his charge of foolishness, most regard his charge of futility as indefensible even within his own system. In this paper, I offer a defense of Schopenhauer’s futility charge, based on metaphysical and psychological considerations. On the metaphysical front, Schopenhauer’s view implies that psychological connections extend beyond death. Drawing on Parfit’s discussion of personal identity, I argue that those connections have personal significance, such (...) that suicide does not allow one, as Hamlet hopes, simply “not to be.” On the psychological front, I argue that a distinction between agents’ intentions and underlying desires makes room for Schopenhauer to claim that paradigmatic suicidal agents ultimately desire the opposite of what suicide accomplishes. I conclude by showing how the resulting account of futility can buttress the charge of foolishness as well. My interpretation still leaves Schopenhauer vulnerable to certain objections, but shows that his account is significantly more defensible than previous commentators have realized. (shrink)

According to a dominant view of stigma, a person is stigmatized within a community if sufficiently many people within that community hold a bad view of her. I call this the 'Bad View Model'. In this paper, I argue against the Bad View Model on the grounds that such beliefs are neither necessary nor sufficient for stigma, and that the account cannot explain the distinctive phenomenology of stigma, including certain vulnerabilities to shame. I then develop an alternative that explains these (...) features of stigma, which I call the 'Shaming Model'. On this view, a person is stigmatized within a community if she is shamed by members of that community, and this is explained by their belief that she has deviated from some social norm and/or standard. (shrink)

_(MA thesis)_ Immunity to error through misidentification (IEM) describes a sort of immunity against such a situation that the thinker wrongly identifies something as other things. Philosophers consider it as being especially relevant to first-person or de se judgments. Many philosophers seem to advance IEM as an alternative to a Cartesian method of defining first-person privilege and of circumscribing the first-person perspective. However, as more and more representative instances are substantiated as being vulnerable to error through misidentification, it is (...) thus necessary to offer an account sufficient to explain IEM. Then, there are roughly two approaches in the literature: the identification-freedom approach and the metasemantic approach. The former is characterised by the claim that the presence of IEM is always explained by the absence of an identificatory-component in the thought's grounds. The latter is more heterogeneous than the former. Nevertheless, it can be roughly described by their focus on explaining the IEM of de se thoughts based on an account of how the reference of de se thoughts is fixed, rather than just on the grounds of particular de se thoughts. However, there are still some problems with the existing accounts. More specifically, some problems from the indexical thoughts put at risk Recanati's appeal, which is viewed as a representative of the metasematic approach. Nonetheless, I think these problems can be resolved competently by pointing out the fact that there are three levels of reflection in introspection. Thoughts produced by the first level of reflection (first-level thoughts, hereafter) correspond to Recanati's implicit thoughts; Third-level thoughts are Recanati's explicit thoughts (whether it is made explicit by an extra reflective act, as Recanati puts it). However, second-level thoughts, which include a sort of aboutness in their content, could explain the subject appearing in indexical statements with IEM, guaranteeing IEM of these thoughts in the meanwhile. (shrink)

This thesis consists of a series of papers in population ethics: a subfield of normative ethics concerned with the distinctive issues that arise in cases where our actions can affect the identities or number of people of who ever exist. Each paper can be read independently of the others. In Chapter 1, I present a dilemma for Archimedean views in population axiology: roughly, those views on which adding enough good lives to a population can make that population better than any (...) other. In Chapter 2, I extend Gustaf Arrhenius’s famous impossibility theorems in population axiology into the domain of choices under risk. My risky impossibility theorems dispense with the assumption that welfare levels are finitely fine-grained, and so tell against lexical views in population axiology. In Chapter 3, I present objections to critical-level and critical-range views in population axiology. I then sketch out what I call the ‘Imprecise Exchange Rates View’ and argue that it is an attractive alternative. In Chapter 4, I address critical-level and critical-range views again. This time, I note that they are vulnerable to objections from biographical identity: identity between lives. I suggest that these objections give us reason to reject critical-level and critical-range views and embrace the Total View. In Chapter 5, I argue that objections of the same form – objections from personal identity – tell against person-affecting views in population ethics. In Chapter 6, I draw out some counterintuitive implications of two recent complaints-based theories of the procreation asymmetry. (shrink)

Even though co‐parenthood is one of the most significant close personal relationships that people can have, there is relatively little philosophical work on the moral duties that co‐parents owe each other. This may be due to the increasingly questionable assumption, still common in our societies, that co‐parenthood arises naturally from marriage or romantic coupledom and thus that commitment to a co‐parent evolves from a commitment to a marital or romantic partner. In this article, we argue that co‐parenthood should be seen (...) as a relationship in its own right, which generates specific moral duties. Co‐parents should come to explicit agreements with each other regarding the most important areas of potential conflict between them. Such agreements may have to be renegotiated over time. We explore some possible non‐negotiable co‐parental duties such as the duties not to alienate the child from the other parent(s) and not to trap a co‐parent in a particularly vulnerable situation. We consider some legal and societal implications of our argument and, finally, suggest some pragmatic benefits of our proposal. (shrink)

Domestic violence and abuse (DVA) are at last coming to be recognised as serious global public health problems. Nevertheless, many women with personal histories of DVA decline to disclose them to healthcare practitioners. In the health sciences, recent empirical work has identified many factors that impede DVA disclosure, known as barriers to disclosure. Drawing on recent work in social epistemology on testimonial silencing, we might wonder why so many people withhold their testimony and whether there is some kind of epistemic (...) injustice afoot here. In this paper, I offer some philosophical reflections on DVA disclosure in clinical contexts and the associated barriers to disclosure. I argue that women with personal histories of DVA are vulnerable to a certain form of testimonial injustice in clinical contexts, namely, testimonial smothering, and that this may help to explain why they withhold that testimony. It is my contention that this can help explain the low rates of DVA disclosure by patients to healthcare practitioners. (shrink)

This article analyses the phenomenon of epistemic injustice within contemporary healthcare. We begin by detailing the persistent complaints patients make about their testimonial frustration and hermeneutical marginalization, and the negative impact this has on their care. We offer an epistemic analysis of this problem using Miranda Fricker's account of epistemic injustice. We detail two types of epistemic injustice, testimonial and hermeneutical, and identify the negative stereotypes and structural features of modern healthcare practices that generate them. We claim that these stereotypes (...) and structural features render ill persons especially vulnerable to these two types of epistemic injustice. We end by proposing five avenues for further work on epistemic injustice in healthcare. (shrink)

Today, many people have realized that the climate change and biodiversity loss issues lie in how and to what extent humans consume products for their lives in the Anthropocene era. Consumerism has pushed natural resource exploitation to its peak, and the depletion of resources is becoming increasingly prevalent. The beauty and personal care industry has a large market and high profits, especially in the high-income segment. However, this advantage also carries the risk of facing scrutiny, investigations, and criticism from civil (...) society organizations, environmental activists, and consumers. More than anyone else, the industry is vulnerable to the perils of unfavourable societal assessments, particularly the repercussions of consumer-led boycott actions. In this discourse, we suggest that, given the current circumstances, it is imperative for multinational beauty corporations to take a proactive role in allocating resources towards the development of sustainable agriculture practices. This entails not only advocating for the widespread adoption of environmentally conscious production methods but also dedicating efforts towards conducting research and innovation in the area of nature-friendly manufacturing techniques. Doing so will help demonstrate their commitment to the environment and actively provide convincing evidence to consumers of their social responsibility through emission reduction and biodiversity conservation activities. (shrink)

Deepfakes are algorithmically modified video and audio recordings that project one person’s appearance on to that of another, creating an apparent recording of an event that never took place. Many scholars and journalists have begun attending to the political risks of deepfake deception. Here we investigate other ways in which deepfakes have the potential to cause deeper harms than have been appreciated. First, we consider a form of objectification that occurs in deepfaked ‘frankenporn’ that digitally fuses the parts of different (...) women to create pliable characters incapable of giving consent to their depiction. Next, we develop the idea of ‘illocutionary wronging’, in which an individual is forced to engage in speech acts they would prefer to avoid in order to deny or correct the misleading evidence of a publicized deepfake. Finally, we consider the risk that deepfakes may facilitate campaigns of ‘panoptic gaslighting’, where many systematically altered recordings of a single person's life undermine their memory, eroding their sense of self and ability to engage with others. Taken together, these harms illustrate the roles that social epistemology and technological vulnerabilities play in human ethical life. (shrink)

This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- and race-based labour relations. Because the (...) ideal of civic equality must position all persons as co-legislators of the terms of political rule, the state must dismantle exploitive race- and gender-based labour relations for all persons to command political power as civic equals. (shrink)

Achieving space domain awareness requires the identification, characterization, and tracking of space objects. Storing and leveraging associated space object data for purposes such as hostile threat assessment, object identification, and collision prediction and avoidance present further challenges. Space objects are characterized according to a variety of parameters including their identifiers, design specifications, components, subsystems, capabilities, vulnerabilities, origins, missions, orbital elements, patterns of life, processes, operational statuses, and associated persons, organizations, or nations. The Space Object Ontology provides a consensus-based realist (...) framework for formulating such characterizations in a computable fashion. Space object data are aligned with classes and relations in the Space Object Ontology and stored in a dynamically updated Resource Description Framework triple store, which can be queried to support space domain awareness and the needs of spacecraft operators. This paper presents the core of the Space Object Ontology, discusses its advantages over other approaches to space object classification, and demonstrates its ability to combine diverse sets of data from multiple sources within an expandable framework. Finally, we show how the ontology provides benefits for enhancing and maintaining longterm space domain awareness. (shrink)

Audre Lorde’s account of the erotic is one of her most widely celebrated contributions to political theory and feminist activism, but her explanation of the term in her brief essay “Uses of the Erotic” is famously oblique and ambiguous. This article develops a detailed, textually grounded interpretation of Lorde’s erotic, based on an analysis of how Lorde’s essay brings together commitments expressed across her work. I describe four integral elements of Lorde’s erotic: feeling, knowledge, power, and concerted action. The erotic (...) is a way of feeling in the work a person does, which makes possible new knowledge about the self and the social environment— particularly to counteract epistemic oppression imposed by an unjust society. The erotic is a source of power by providing vision and energy for actions integrating a person’s multiple commitments and political interests. It facilitates concerted action and coalition by enhancing a person’s appreciation of their interests and values, while fostering embodied, personal connections that build trust on the basis of shared vulnerability. Thus, the erotic helps build coalitions where genuine differences of perspective and experience can be examined, in resistance against an oppressive society’s epistemic distortions. (shrink)

There is a widespread view that in order to be rational we must mostly know what we believe. In the probabilistic tradition this is defended by arguments that a person who failed to have this knowledge would be vulnerable to sure loss, or probabilistically incoherent. I argue that even gross failure to know one's own beliefs need not expose one to sure loss, and does not if we follow a generalization of the standard bridge principle between first-order and second-order (...) beliefs. This makes it possible for a subject to use probabilistic decision theory to manage in a rational way cases of potential failure of this self-knowledge, as we find in implicit bias. Through such cases I argue that it is possible for uncertainty about what our beliefs are to be not only rationally permissible but advantageous. (shrink)

Human dignity, a normative category developed by the Colombian Constitutional Court, is seen from "humanist constitutionalism", due to its functionality for the configuration of the fundamental human right of access to the Internet that translates into a digital vital minimum of the human person, emphasizing in the inclusion of the poor and vulnerable affected by digital inequality. A complex fundamental hyperright that obliges the State to guarantee the human rights of their essential core and formulate public policies for their (...) effective satisfaction inherent in the realization of the valuable life project of the person and their effective functioning in society. (shrink)

Though past commentators have attacked cities as corrupt, dirty places, it is almost too obvious to need stating that a sustainable future depends on them. This is because most people live in cities and because the streamlined use of urban space brings a wide range of efficiencies. Simultaneously, urban living and associated technologies may impact psychology such that people see humans and their cities as outside of nature, which has been shown to reduce concern for the wellbeing of the planet. (...) Exploring these points in the context of the COVID-19 pandemic, we speculate on psychologically fueled environmental consequences of remote technologies. One possibility is that they may diminish contact with what we colloquially call “nature,” thereby reducing concern for it. Another possibility is that remote technologies may promote personalized work rhythms, allowing people more time in the outdoors, amplifying concern for the environment. Recognizing that vulnerable segments of the population are currently excluded from this second option, we optimistically sketch scenarios in which technologies may—somewhat ironically—help humankind escape technological entrapment, freeing people from a variety of backgrounds to reconnect in caring ways with nature. (shrink)

Since 2016, when the Facebook/Cambridge Analytica scandal began to emerge, public concern has grown around the threat of “online manipulation”. While these worries are familiar to privacy researchers, this paper aims to make them more salient to policymakers — first, by defining “online manipulation”, thus enabling identification of manipulative practices; and second, by drawing attention to the specific harms online manipulation threatens. We argue that online manipulation is the use of information technology to covertly influence another person’s decision-making, by targeting (...) and exploiting their decision-making vulnerabilities. Engaging in such practices can harm individuals by diminishing their economic interests, but its deeper, more insidious harm is its challenge to individual autonomy. We explore this autonomy harm, emphasising its implications for both individuals and society, and we briefly outline some strategies for combating online manipulation and strengthening autonomy in an increasingly digital world. (shrink)

What do we expect of those whom we trust? Some argue that when we trust we are confident the trusted will act on moral motivations. But often we trust without appraising the trusted’s moral qualities, and sometimes trust expects more than morality demands. I argue for a non-moral commitments account: when we trust a person we expect they will be motivated to act a certain way by a commitment that we ascribe to them. My alternative accommodates an expanded typology of (...) trust’s vulnerabilities, including tragic disappointments that are as painful as betrayal, but without the recompense of moral complaint. (shrink)

We introduce two concepts—social certainty and social doubt—that help to articulate a variety of experiences of the social world, such as shyness, self-consciousness, culture shock, and anxiety. Following Carel's (2013) analysis of bodily doubt, which explores how a person's tacit confidence in the workings of their body can be disrupted and undermined in illness, we consider how an individual's faith in themselves as a social agent, too, can be compromised or lost, thus altering their experience of what is afforded by (...) the social environment. We highlight how a loss of bodily or social certainty can be shaped and sustained by the environments in which one finds oneself. As such, we show how certain individuals might be more vulnerable to experiences of bodily and social doubt than others. (shrink)

Every account of moral responsibility has conditions that distinguish between the consequences, actions, or traits that warrant praise or blame and those that do not. One intuitive condition is that praiseworthiness and blameworthiness cannot be affected by luck, that is, by factors beyond the agent’s control. Several philosophers build their accounts of moral responsibility on this luck-free condition, and we may call their views Luck-Free Moral Responsibility (LFMR). I offer moral and metaphysical arguments against LFMR. First, I maintain that considerations (...) of fairness that often motivate LFMR do not require its adoption. Second, I contend that LFMR has counterintuitive implications for the nature and scope of praiseworthiness and blameworthiness and that LFMR is vulnerable to a reductio ad absurdum. Third, I state some common reasons for thinking that LFMR’s commitment to true counterfactuals of libertarian freedom is problematic, and I argue that if there are no such true counterfactuals and if LFMR is true, a person is praiseworthy and blameworthy at most for a tiny fraction of her actions. Fourth, I argue that proponents of LFMR cannot escape this skeptical cost by appealing to a different kind of counterfactual of freedom. Fifth, I develop an anti-skeptical motivation to affirm the idea that luck can affect moral responsibility. (shrink)

Alonzo Church proposed a theory of sequences of functions and their arguments as surrogates for Russellian singular propositions and singular concepts. Church’s proposed theory accords with his Alternative (0), the strictest of his three competing criteria for strict synonymy. The currently popular objection to strict criteria like (0) on the basis of the Russell-Myhill antinomy is rebutted. Russell-Myhill is not a problem specifically for Alternative (0); it is a refutation of unrestrained concept comprehension. Criteria more lax than (0) are philosophically (...) inadequate. It is shown, however, that Church’s proposed theory is vulnerable under (0) to a version of Russell’s notorious Gray’s Elegy objection. Some amendments to Church’s proposal are proffered, including an amendment, first proposed in the author’s _Frege’s Puzzle_ (1986), that addresses Russell’s objection. Church’s response (personal correspondence) is considered. (shrink)

Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons’ free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent the hunger strike as (...) noncoercive and nonviolent. I articulate an alternative, dual account of the right to hunger strike. On the remedial argument, the right to hunger strike should be legally protected as a right to petition for redress, in light of incarcerated people’s structural vulnerability to abuse and given inadequate grievance mechanisms. The constructive argument derives the right to hunger strike from the right to resist oppression and stresses the normative permissibility of the use of coercive tactics to defend one’s liberty interests in the face of carceral oppression. -/- . (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)