The idea of radical pedagogy is connected to the ideals of social justice and democracy and also to the ethical demands of love, care and human flourishing, an emotional context that is sometimes forgotten in discussions of power and inequality. Both this emotional context and also the emphasis on politics can be found in the writings of Paolo Freire, someone who has provided much inspiration for radical pedagogy over the years. However, Freire did not create any explicit ethical foundation for (...) radical pedagogy. This paper argues that, when constructing normative grounds for radical pedagogy, Habermas’s discourse ethics can be an important source, with the caveat that discourse ethics on its own is not sufficient grounding enough where radical pedagogy is concerned. Habermasian critical theory should be supplemented with Axel Honneth’s theory of recognition, as Freire’s focus on love and human flourishing corresponds well with Honneth’s theory’s three modes of recognition: love, rights and respect (solidarity stemming from mutual relations of respect). (shrink)

After years of progress in terms of gender and sexual rights, since 2012 Europe is facing a so-called gender backlash – opposition directed to issues related to reproductive policies and abortion, violence against women, lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ) rights and gay marriages, gender mainstreaming and sex education at schools as well as antidiscrimination policies. In this article, firstly, by taking the anti-gender developments as point of reference, I examine the emergence of anti-gender movement in Europe (...) via the use of what I call troll science. Troll science is based on (distorted) scientific arguments moulded into populist discourse, creating an alternative narrative on the conceptions of gender equality. Similar to troll accounts posting provocative, superfluous and even off-topic messages on social media to start arguments and quarrels aiming to distract, troll science, I argue, creates an alternative narrative opposing the scientific facts and discourses (i.e. climate change, evolution, vaccination and gender theory). Later, I discuss the emerging conservative troll-scientific discourses and the gendered public normative order of Adalet ve Kalkinma Partisi (AKP; Justice and Development Party) government, under the New Turkey. I previously argued that New Turkey and the society under the party’s rule perpetuated by a new set of standards create an alternative narrative on the conceptions of gender equality through troll-science narratives. I concluded by showing how such ideological discourses help create emotional echo chambers – enabling its fast distribution and acceptance by the ideologically conservative groups. Contribution: This paper contributes to the Special Collection Gender Justice, Health and Human Development with the theory of troll-science it introduces to discuss the alternative and anti-gender scientific discourse that is dominating academia. (shrink)

In September 2020, relationships and sex education (RSE) became compulsory in all English secondary schools, and relationships education became compulsory in all English primary schools, marking a significant step forward in the fight to establish children's rights. Although the new RSE regime will help to ensure that many English schools provide pupils with a far more comprehensive RSE curriculum than ever before, the statutory guidance underpinning it includes a number of caveats that mean, although the subject is compulsory, (...) not all children will receive the same content. Arguably, along with the right to withdraw (which is often exercised on religious grounds), the most insidious of these ‘carve-outs’ allows faith schools to teach RSE according to their ‘distinctive religious character’. This exemption has been used to defend the use of religious RSE resources that critics maintain are misogynistic, homophobic and often draw heavily on pseudoscience, as well as to justify leaving certain topics (such as same-sex relationships or trans rights) out of classroom discussion altogether. Drawing on empirically informed normative case studies and recent reforms to the curriculum in Wales, I argue that faith-based carve-outs to RSE policy imperil children's access to a distinct package of educational goods. Using a recent framework for educational decision-making based on these goods developed by Brighouse et al. I go on to conclude that such policies are politically and morally unjustifiable (at least if one agrees that the relevant package of goods is desirable). I further maintain that, even when considered from the perspective of human rights law—which is often given as a pragmatic reason to allow more permissive policies with respect to teaching topics that may impinge upon parents’ deeply held convictions—there are no necessary grounds for governments to legislate for the subject to be circumscribed by the religious beliefs of parents or the faith ethos of the schools children attend. (shrink)

What makes some human rights campaigns for the physical integrity rights of prisoners more effective than others? Despite various normative arguments condemning these practices, only limited systematic analysis documents the relative effectiveness of different arguments on individuals. This is surprising, because the success of human rights campaigns depends on getting individuals to care about and support policy positions that protect human rights. We constructed an experiment to compare the effects of six different arguments against prisoner abuse and torture. (...) We found that an argument which emphasized the suffering of the prisoner had a consistently positive and significant effect on opposition to torture and prisoner abuse. However, this effect was largely contingent on subjects’ political ideology. Political conservatives actually became less opposed to torture, on average, after reading the same argument emphasizing the prisoners’ suffering or the sacredness of human beings. (shrink)

A basic income is typically defined as an individual’s entitlement to receive a regular payment as a right, independent of other sources of income, employment or willingness to work, or living situation. In this article, we examine what it means for the state to institute a right to basic income. The normative literature on basic income has developed numerous arguments in support of basic income as an inextricable component of a just social order, but there exists little (...) analysis about basic income within a jurisprudential or philosophical rights perspective. In our view, strong reasons of either a principled or a pragmatic nature in support of instituting a basic income scheme nevertheless often fall short of ascribing to basic income a distinctive Hohfeldian rights status. This article aims to partially redress this gap by examining two sets of questions. First, what are the implications – ethical and practical – of adopting basic income as a legal right as opposed to a mere policy? Second, we also enquire whether there should be such a right: what, if anything, is the ethical foundation that warrants granting basic income a distinctive legal rights status? This article suggests that any such foundation must be grounded in comparative evaluation and discusses several comparative strategies available to basic income advocates. The aim of this article is not to offer a definite argument in favor of a legal right to basic income, but to chart several lines of argument that a rights perspective might add to the contemporary discussion. (shrink)

States’ right to exclude prospective members is the subject of a fierce debate in political theory, but the right to include has received relatively little scholarly attention. To address this lacuna, we examine the puzzle of permissible inclusion: when may states confer citizenship on individuals they have no prior obligation to include? We first clarify why permissible inclusion is a puzzle, then proceed to a normative evaluation of this practice and its limits. We investigate self-determination – a (...) dominant principle in theories of the right to exclude – as a normative ground for limits on the right to include. We argue that states’ duties to respect one another’s self-determination yield limits on permissible inclusion. When inclusive policies for citizenship undermine the permissible scope of self-determination of other states, they are impermissible; they should either be prohibited, or require compensation. (shrink)

This chapter considers possible moral grounds for recognizing and realizing economic and social rights (ESRs) as human rights. It begins by suggesting that ESRs fall into three families: (1) welfareoriented ESRs, which protect adequate income, education, health, and safe and healthful working conditions; (2) freedom-oriented ESRs, which prohibit slavery, ensure free choice of employment, and protect workers’ freedoms to organize and strike: and (3) fairness-oriented ESRs, which require nondiscrimination and equal opportunity in the workplace along with fair remuneration (...) for one’s work. To accommodate the normative diversity found in these three families, the chapter suggests a pluralistic justicatory framework that appeals to three kinds of moral reasons: human welfare, freedom, and fairness. A final section considers the possibility of subsuming all three of these approaches to justication under the idea of human dignity or the associated idea of equal respect for persons. (shrink)

In this paper I make a contribution to three distinct, but deeply interwoven subjects. Firstly, I argue that, at the level of ideal theory, the distribution of educational goods should follow a sufficientarian pattern and that the evaluative space of children’s advantage should be inspired by the capability approach. Secondly, the paper is delving into the more policy-oriented debates on the desirability of school choice. I argue that, given the non-ideal circumstances in which decision makers have to act, giving (...) parents the opportunity to choose the school for their children is a sine qua non condition for even approaching the ideals of sufficientarian justice. Lastly, I move the discussion on more empirical grounds, advancing a criticism of the Romanian educational legislation. I argue that the sufficiency-constrained school choice system that I envision could solve some of the problems that the Romanian educational system faces today. (shrink)

"Territorial Presence As A Ground For Claims: Some Reflections" returns to political theory to assess the moral and legal position of those individuals who are inside the territory of liberal democratic states, but whose very presence has been unauthorised by the state. The author asks the question as to what their bodily presence means and does from a political perspective. The paper is part of a broader political phenomenology of territoriality in liberal national thought and puts emphasis on the idea (...) that it is migrants’ bodily presence within the state’s territory that lies at the analytical heart of the conversation about irregular immigrants. What is paradoxical about territorial presence of unauthorised migrants is that such presence is simultaneously the source of the offence states invoke as a justification for making them ‘illegal’; the basis for protections the migrants may claim against the state for basic fair treatment while present; and the ground for claims they make to remain present – i.e., to stay in the territory. Territorial presence is thus a fertile ground for the analysis of arbitrary law-making in migration. The author sets out to analyse some recent legal developments pertaining to the governance of irregular non-citizen immigrants in the United States. These developments bear on the project of theorising "immigrant justice" as resistance to the growing illiberalization of migration policy. In her view, the very existence of a class of people designated as irregular migrants within state polities presupposes that such polities maintain formal exclusionary border regimes and that in such regimes, some persons are predesignated as ineligible for entry. And even though those exclusion rules do not function to fully preclude entry and presence of such persons, states do not treat their arrival as an automatic basis for full membership either. Hence, irregular immigrants are territorially present in a state that purports to eschew that presence. The author then explores how the idea of “sanctuary” relates to the kinds of claims that both liberal humanitarians and immigrant justice advocates have been making over the last few years. These are claims which ground protection in what exponents cite as the overriding ethical significance of immigrants’ territorial presence – their already-hereness – as the basis for recognition and rights. In particular, the author makes the case that even though "sanctuary" provides a logic of safe harbour, it fails to end the predicament of constitutive based in border exclusionism. For her, the political, social, but also philosophical, struggle for the idea of border abolitionism requires a figurative sword that must go beyond sanctuary so that borders are not just mitigated, but radically deconstructed and even destroyed. The author takes this to be the vital imperative that confronts all legal and political theorists who must engage the normative challenge of rethinking arbitrary law-making in view of the new inequalities that a global political order grounded on sovereign borders produces. (shrink)

This is a work of normative political philosophy that seeks to identify the legitimate goals of public education policy in liberal democratic states and the implications of those goals for arguments about public funding and regulation of religious schools. ;The thesis of the first section is that the inferiority of certain types of religious school as instruments of civic education in a pluralist state would not suffice to justify liberal states in a general refusal to fund (...) such schools. States with no position on the value of autonomy for the good life would have to balance civic concerns against the preferences of religious parents who want to send their children to narrowly religious schools to shield them from exposure to ethical diversity. But, I argue, the principles of liberal democracy actually presuppose the value of autonomy. ;In the second section, I develop a conception of ethical autonomy and argue for its adoption as a public value. Autonomy, understood to entail distinctively rational reflection that must nonetheless inevitably be situated within an unchosen cultural context, can be publicly justified as having instrumental value to all persons in their quest to live a good life. And I defend the legitimacy of adopting autonomy as a goal of public education policy against a series of objections, most notably those grounded in claims about parental rights and fairness to traditional cultures. ;In the third section, I explore the implications of the autonomy goal for religious schools. After defending secular public schools from several prominent criticisms, I consider the argument that religious secondary schools are unsuitable to deliver education for autonomy because they provide children with inadequate exposure to and rational engagement with ethical diversity: I conclude that states cannot justify prohibiting or even presumptively denying public funding to all religious secondary schools, but that there is need for extensive public regulation. Finally, I argue that religious primary schools should be treated differently because of the particular developmental needs and capacities of pre-adolescents. Religious primary schools whose pedagogy is non-authoritarian are specially suitable to lay the foundations for autonomy in young children from religious families. (shrink)

Large-scale transnational land acquisition of agricultural land in the global south by rich corporations or countries raises challenging normative questions. In this article, the author critically examines and advocates a human rights approach to these questions. Mutually reinforcing, policies, governance and practice promote equitable and secure land tenure that in turn, strengthens other human rights, such as to employment, livelihood and food. Human rights therefore provide standards for evaluating processes and outcomes of transnational land acquisitions and, thus, for (...) determining whether they are ethically unacceptable land grabs. A variety of recent policy initiatives on the issue have evoked human rights, most centrally through the consultation and negotiation of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests concluded in 2012. However, a case of transnational land appropriation illustrates weak host and investor state enforcement of human rights, leaving the parties to in interaction with local groups in charge of protecting human rights. Generally, we have so far seen limited direct application of human rights by states in their governance of transnational land acquisition. Normative responses to transnational land acquisition—codes of conduct, principles of responsible agricultural investment or voluntary guidelines—do not in themselves secure necessary action and change. Applying human rights approaches one must therefore also analyze the material conditions, power relations and political processes that determine whether and how women and men can secure the human rights accountability of the corporations and governments that promote large-scale, transnational land acquisition in the global south. (shrink)

There is increasing consensus that the right to health can provide ethical, policy and practical groundings for health systems development. The goals of the right to health are congruent with those of health systems development, which are about strengthening health promotion organizations and actions so as to improve public health. The poor shape and performance of health systems in Chad question the extent of realization of the right to health. Due to its comprehensiveness and inclusiveness, the (...) right to health has the potential of being an organizational and a normative backbone for public health policy and practice. It can then be understood and studied as an integral component of health systems development. (shrink)

In this original and compelling book, Jeffrey P. Bishop, a philosopher, ethicist, and physician, argues that something has gone sadly amiss in the care of the dying by contemporary medicine and in our social and political views of death, as shaped by our scientific successes and ongoing debates about euthanasia and the "right to die"--or to live. __The Anticipatory Corpse: Medicine, Power, and the Care of the Dying__, informed by Foucault's genealogy of medicine and power as well as by (...) a thorough grasp of current medical practices and medical ethics, argues that a view of people as machines in motion--people as, in effect, temporarily animated corpses with interchangeable parts--has become epistemologically normative for medicine. The dead body is subtly anticipated in our practices of exercising control over the suffering person, whether through technological mastery in the intensive care unit or through the impersonal, quasi-scientific assessments of psychological and spiritual "medicine." The result is a kind of nihilistic attitude toward the dying, and troubling contradictions and absurdities in our practices. Wide-ranging in its examples, from organ donation rules in the United States, to ICU medicine, to "spiritual surveys," to presidential bioethics commissions attempting to define death, and to high-profile cases such as Terri Schiavo's, __The Anticipatory Corpse__ explores the historical, political, and philosophical underpinnings of our care of the dying and, finally, the possibilities of change. A ground-breaking work in bioethics, this book will provoke thought and argument for all those engaged in medicine, philosophy, theology, and health policy. "With extraordinary philosophical sophistication as well as knowledge of modern medicine, Bishop argues that the body that shapes the work of modern medicine is a dead body. He defends this claim decisively with with urgency. I know of no book that is at once more challenging and informative as __The Anticipatory Corpse. __To say this book is the most important one written in the philosophy of medicine in the last twenty-five years would not do it justice. This book is destined to change the way we think and, hopefully, practice medicine." --_Stanley Hauerwas, Duke Divinity School _ "Jeffrey Bishop carefully builds a detailed, scholarly case that medicine is shaped by its attitudes toward death. Clinicians, ethicists, medical educators, policy makers, and administrators need to understand the fraught relationship between clinical practices and death, and __The Anticipatory Corpse __is an essential text. Bishop's use of the writings of Michel Foucault is especially provocative and significant. This book is the closest we have to a genealogy of death." --_Arthur W. Frank, University of Calgary _ "Jeffrey Bishop has produced a masterful study of how the living body has been placed within medicine's metaphysics of efficient causality and within its commitment to a totalizing control of life and death, which control has only been strengthened by medicine's taking on the mantle of a bio-psycho-socio-spiritual model. This volume's treatment of medicine's care of the dying will surely be recognized as a cardinal text in the philosophy of medicine." --_H. Tristram Engelhardt, Jr., Rice University, Baylor College of Medicine_. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory (...) of equality and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

The discussion concerning the patenting of academic knowledge is already closed for many people. It has become a type of credo, solemnly intoned at all levels: universities must commercially valorize the knowledge that they generate as extensively as possible.The public means that are reserved for universities can never increase at the same rate as the mounting costs for highly specialized research. So universities, if they want to work at the top level, must increasingly appeal to private resources. Universities are increasingly (...) forced to aim at contract research, sponsorships, commercialised service, the patenting of technical findings, and spin-offs: Cash for knowledge!The pressure for the unfettered commercialisation of academic knowledge does not only come from within the universities. The message also comes from the politicians and those who are committed to economic prosperity. They argue that the commercialisation of intellectual property contributes to new employment because it makes new industrial developments possible and reinforces the competitiveness of ventures. They make it seem that universities form the motor of the knowledge economy.In a country without considerable natural resources and with extremely high personnel costs, innovation is of vital importance. Few convictions are equally as expressly avowed at so many differing forums. The direction of the march seems clear.It was once different. The knowledge that was acquired, deepened, preserved, and transmitted within the universities was not for sale. In fact, its sale could present difficulties because academic knowledge has never answered to the properties of a marketable thing. Use does not deplete knowledge and if you consider it your mission to bring to light knowledge, you do not want to exclude anyone from making use of it.Academic knowledge could thus not be an object of trade, at least so long as nobody was intent on keeping that knowledge secret, and so long as nobody appealed to regulations, whereby one could restrict the legal use of that knowledge. Today neither of these strategies are taboo within academic centres. The patenting of all forms of qualifying knowledge is even encouraged.A patent assumes, on the one hand, that one makes public the knowledge upon which a technique rests, while one, on the other hand, can grant use of that technique exclusively to who one gives a licence, whether or not for a fee. This system is put forth as attractive for all parties. The researchers can keep up with technical details, and the entrepreneur can commercialise the finding. Everyone is happy.Or perhaps not? Are there reasons to be concerned that universities must increasingly submit themselves to the laws of the market? Are there arguments for evaluating academic performance differently than the performance of entrepreneurs? Must one regret that knowledge is commercialised as much as possible?The proponents of the commercial orientation point out that all kinds of new incentives will give a new impetus to the old academic system and will increase the relevance of academic research. They seem to dismiss resistance to the renewal as a nostalgic outpouring of a privileged group that used to have it too good, a group that for too long knew to retreat too safely back into a series of unworldly problems.The opponents of the economically oriented approach fear that the proper character of the academic mission will be lost. They fear that the loss of academic autonomy will make the specific function that a university fulfils within society impossible. In what sense?In our society, there is not one type of sphere, and there is not one valid set of standards, the basis upon which performances are evaluated, functions are judged, or objectives commended. There are strongly divergent spheres and each have their own specific function. The laws that apply in one sphere do not necessarily have authority in another sphere, and the standards that apply in one sort of relationship often have little or no meaning in another relationship.Each sphere recognises its own standards and answers to its own system of exchange for compensation, approval, and recognition. What applies in the sphere of law does not necessarily apply in the sphere of someone’s personal friendships, or is not applicable among family members. What applies in trade does not necessarily apply in the sphere of art.Even more, things go wrong when the autonomy of these spheres is not respected. Within the domain of art, love and friendship, monetary laws are not valid, at least in a healthy situation. That is not to say that the rules that apply within the free market would be wrong or unethical – far from it. It seems self evident that these laws are valid under the condition that they apply in the environment to which they belong, and that one respects these limits.This applies for all spheres. It would be unjust if one would apply the standards of friendship to the spheres of jurisprudence or education. Manifestly, it seems self evident not to define justice as a univocal principle that must be extended with the same consistency in every type of sphere. Rather, it is just to respect the individual character of the normative relationship that applies in the diverse spheres of life, and to prevent one sphere from colonising another.Justice assumes that one prevents the political sphere from stipulating what must be said, or concealed, within the academic sphere. Academics must answer alone to that which is expected of them within the academic sphere. Political pressure may exert no influence on this. Why cannot one say the same about economic pressure?Do we run the risk that the economic sphere will colonise the academic sphere just as the economic sphere previously colonised the sphere of media? What must one imagine in this supposed risk? In what sense should economic laws threaten the academic sphere?In the academic sphere, it is traditional to follow one’s own interests and investigate anything whatsoever without having to ask if this knowledge is useful for something or how the fruits of this research fit within the economic context. The academic search for a better understanding of everything has an unconditional character.The manner in which researchers evaluate the performance of each other seldom has to do with the economic effects that their findings have, but with their reliability, the meticulousness with which they were checked, the scrupulousness with which the sources were collected, and the honesty with which they were communicated. The function of the academic is to collect and refine knowledge, and to bring to light the truth.By doing so, universities offer a type of foot-hold within society. They make it possible that a place exists where one can be obedient to what lets itself appear most truthfully today. Nobody has to fear, at least as long as the autonomy of the academic sphere is respected, that the communication of a particular subject was rhetorically coloured in function of a commercial interest, was applied according to the wishes of the sponsor, was brought into conformity with what was agreed upon by the financiers, or answered to the demands of a patent.It is possible that the influence of the commercial sphere shall be less dramatic than pessimistic academics imagine, but nothing indicates the opposite. Today we are giving a new strategy power, and nobody knows how the magician’s apprentice will bring it off.This forms the context of the questions that we shall try to answer together this number of Ethical Perspectives, and we will restrict our discussion to patents. We are aware that the discussion about patents illuminates just one part of the problems, which have to do with the relation of the worlds of academia and commerce. But there is a reason for confining oneself to an aspect of this problematic relationship. If one were to broaden the scope of inquiry further, one would risk missing the complexity of the subject matter already covered, and be consigned to a far too general and aimless debate.We have brought together a number of specialists, jurists, ethicists, and people with practical experience with the field. They shall introduce us into the problematic, confront us with their points of view, and help to answer our questions: Are there moral limits to the patenting of academic knowledge? Is patenting always the most efficient strategy? Does not perhaps the university sell its soul if it gradually leaves itself subject to the laws of the market?We will begin by asking how in particular a university should proceed with the patenting of knowledge. Modern universities were inspired by the ideals of the Enlightenment, which was characterised by the open distribution of unselfishly pursued knowledge.The privatisation and commercialisation of knowledge would seem to conflict with this traditional vision. Jürgen Mittelstrass and Bart Pattyn provide a theoretical and historical basis for protecting the autonomy of university research from the corrupting aspects of the market economy.But, are there reasons for giving up the traditional outlook? Few or no universities have not chosen to patent discoveries, but how is one to proceed within the framework of the university, once one has obtained patent protection? Can one pursue a policy of using these protected intellectual rights to secure the fruits of knowledge for financially weaker groups, or do circumstances compel the universities to be exclusively driven by market forces?Those are the kinds of questions that Gilles Capart and Geertrui Van Overwalle of the KU Leuven will deal with.Sigrid Sterckx of the university of Ghent will answer the question: can patents be morally justified?Paul Belleflamme of the Université Catholique de Louvan La Neuve writes concerning the economic evidence of patents, and the real effect of incentives. Are there any economic facts that can demonstrate the effectiveness of patenting?Then we give the floor to Christopher May of the University of Lancaster, who looks at the question of how universities have to deal with the global information society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Being the Right Kind of Parent:Conceiving PeopleCamisha Russell (bio)Daniel Groll's Conceiving People makes one central claim regarding the ethics of using egg or sperm donations to create a child (that one intends to parent): "[P]arents should use an open donor because doing so puts their resulting child in a good position to satisfy the child's likely future interest in having genetic knowledge" (Groll 2021, 12, original italics).Amid myriad (...) thorny ethical questions surrounding assisted reproduction, Groll's decision to focus on a choice that intended parents in need of donor gametes must make before their future child is even conceived—a choice that is typically taken very seriously—makes a lot of sense. The question is live, rarely completely determined as a matter of policy or law, and, as Groll demonstrates, important to most donor-conceived people (and therefore to the families of which they are a part). For this increasing number of individuals and families, a cultural shift in how we think about open versus anonymous donors would have a significant (and as Groll argues, positive) impact.Groll's carefully built argument is important not only for the paths of ethical reasoning that it highlights, but for those common rationales it gently but firmly sets aside (e.g., the donor-conceived person's medical need to know their genetic history or the idea that knowledge of one's genetic origins is the best or only way to truly know oneself). Groll's work is attentive to the types of relationships that foster the emotional health of families, and it's grounded in the experiences and desires articulated by donor-conceived people themselves. For this reader, these are the book's greatest strengths, along with the fact that Groll is often quite funny in his examples, which makes the examples highly relatable.Of course, the challenge for philosophers in writing books of ethical importance for "laypeople" is to offer something an average educated adult can understand while addressing the more technical theoretical issues that matter to ethicists. I would expect Groll's text to satisfy ethicists because his definitions and distinctions are scrupulously clear, and he engages the existing philosophical literature well. As for laypeople, there are surely a few moments in which they will find themselves in the theoretical weeds, so to speak, but Groll has [End Page 193] successfully made the book largely modular, such that they should get a lot from just reading the chapters of direct interest (Groll 2021, 29).Chapter 2, "Keeping Secrets," is essential for intended parents seeking ethical guidance. Groll notes that professional opinion on donor conception has shifted from seeing nondisclosure of a child's donor-conceived status as a moral requirement (to protect privacy and avoid family stigma) to recommending disclosure. He then reviews standard arguments for disclosure: (1) the "profound importance" of known genetic origins to health identity formation, (2) the medical importance of knowing to whom you are (and are not) genetically related, and (3) the harm that keeping secrets can do to family members and family functioning. While Groll agrees with the latter two arguments, he introduces and emphasizes a new argument: the Intimacy argument, in which he convincingly argues that keeping a child's genetic origins secret "violates norms of intimacy by creating distance between parents and children that is at odds with the demands of intimacy in the parent-child relationship" (Groll 2021, 44, original italics). Though, in many ways, this chapter's argument is separate from the central argument for the use of open donors constructed in the rest of the book, I find it compelling and wonder whether it could hold up more of the open donor argument, placing less weight on the Significant Interest view that Groll introduces in the next chapter (and the concerns regarding bionormativity that emerge from that view).In the third chapter, Groll moves from disclosure to the information that's available to be disclosed. That is, it is one thing to commit to telling a child they were donor-conceived after conception. It is another to commit before conception to choosing a donor willing to be known to the future child when... (shrink)

Sports occupy an interesting ethical space from a pedagogic point of view, being included in physical education curricula in most Western countries. The approach of physical education to sports as vehicle for ethical education is too limited when it is restricted to their minimal functional, constitutive and regulatory goals. This essay’s aim is to argue the extent to which the ethical potential of physical education can embrace more than functional purposes, or whether that will be neglected (...) in terms of limited educational aspirations. We present data from nineteen exploratory interviews with experienced philosophy, sports and physical education researchers and teachers, from six different nations, concerning the ethical potentiality of physical education. We highlight five ethical themes: (i) the regulatory and normative structure of sports; (ii) the spirit of sports and its internal values; (iii) the right playing/doing of sports; (iv) the overcoming in sports; and (v) sports as an opportunity for a supererogatory ethics as fertile ground for future operationalization of the potential of physical education for ethical education through sports.El deporte ocupa un interesante espacio ético desde un punto de vista pedagógico, integrándose en los curricula de educación física en la mayoría de países occidentales. El planteamiento de la educación física como vehículo de la educación ética es limitado cuando restringido a sus objetivos mínimos funcionales, constitutivos y regulatorios. El objetivo de este estudio es discutir si el potencial ético de la educación física puede ir más allá de los propósitos funcionales, que considerados aisladamente constituyen un desperdicio de la experiencia pedagógica del deporte. Para conseguirlo, presentamos datos de diecinueve entrevistas exploratorias con experimentados investigadores y profesores de filosofía, deporte y educación física relacionadas con las potencialidades éticas de la educación física. La muestra incluye individuos de seis diferentes nacionalidades, cuyo trabajo demuestra preocupaciones con el tema. La argumentación resulta de cinco temáticas principales: (i) Estructura normativa y regulativa del deporte; (ii) El espírito del deporte y sus valores internos; (iii) El bien hacer deportivo; (iv) La superación deportiva; (v) El deporte como oportunidad de una ética supererogatoria como contexto fértil para la concretización del potencial ético de una educación deportiva. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Evaluation, Standards, Normalization: Historico-philosophical Formations and the Conditions of Possibility for Checklist Thought Bernadette Baker University of Wisconsin-Madison In education today a new vocabulary has emerged that is far more than just words. In the context of educational policy the setting of goals or objectives is now being subsumed under terms such as statewidestandards, child development is now being adjectivized by descriptors such as learning disability or (...) emotionally disturbed, and the evaluation ofclassroom-based performance is now being collated in aportfolio. These are more than just buzz words-at one level they are new ways of governing children and teachers, of organizing action, and of perceiving the world. What, for instance, does it tell us about ourselves when first-grade students Mikey, Enrique, Waldo, orDonal are introduced to visitors to the school by labels such as LD, ED, ADD, ADHD, and so forth, rather thanby their name? What does it tell us about ourselves when we say a curriculum or program of study is in line with the standards established somewhere else? And what story do we think is being narratedin the documentation of a child's performance in portfolio form across a semester or year? In consideringwhyterms suchasstandards, child development, or even evaluation have such contemporary currency I am necessarily drawn into a study of the timespaces in which they did not have such currency at all. This paper maps four moves into a moment that I think of as a rather long present-day-a present that is not simply this morning, yesterday, or the daybefore, but one that links the subjectivities ofthose now living in educational workto those made available about one hundred years ago. The four moves that I analyze here can be thought of as conditions of possibility for the operation of contemporary educational mies of reasoning, especially those that have formed around the resurgent popularity of"checklist thought" in reform efforts. The four moves collectively historicize how notions of standards, child development, and evaluation can pop up as commonsensical tropes through which to gather and degather action in the educational field. The first ofthese moves is that which flows from the operation ofan ideal to the operation of a norm. The second move is that which flows between the advent of statistics and the advent of eugenics. The third move is that which flows between the appearance ofnovels and fiction and the novel ficticityoffacts. And the fourth move is that which flows from the fictions of child development narratives to the stories that standards tell us. Collectively, these historico-philosophical moves will enable reconsideration of what we think evaluation, standards, and norms for child development actually narrate, lending food for thought to the specificityoftheir uptake in music education. From Ideal to Norm One way inwhichto examinethe shift from a seventeenth-century concept of the ideal to the nineteenth-century concept of the norm is by telling a story that was told in the early twentieth century. At this time when the educational field was formalizing, there was great care taken to record discussions held at conferences. When conferenceproceedings werepublished, theywere usually structured so that the presenter's paper©Philosophy ofMusic Education ReviewlO, no. 1 (Fall, 2002): 92-101. Bernadette Baker 93 was followed by a transcript of the conversation held after it. Like today, in the discussion time, audience members asked questions or made comments. Unlike today, the names of such participating audience members were typed into the proceedings and their specific questions or comments were written up as part ofreporting on the paper presented. In a discussion held at a conference in 1 905 on the topic of methods for training children labeledas feebleminded, apresenterhadspokenof the positive uses of a vegetable garden in the disciplining of feebleminded girls. The audience members relayed their own versions of experimenting with gardening and gathering, some complaining oftoo little space and others indicating the effects of having too many fields from which to gather. Dr. Dunlap was one such participant, indicatingimplicitlytheeffectsofhavingtoo many choices. In the spirit ofthe hunter/gatherer dichotomy, thegirlslabeledas feeblemindedatthe institutionwhereDr. Dunlap worked weresentout to pick com. The following story emerged. Dr. Dunlap: Our girls go out under an attendant and gather vegetables... (shrink)

This article analyses implementation of freedom of assembly within Lithuania and in some other States of the European Union. Attention is paid to the differences in the implementation practices for this freedom while analysing probability of restriction of freedom of assembly in the light of legal, political and social factors. The article aims to substantiate that the quality of decision while adopting spreading ideas and expressed views during peaceful meetings, or adopting them later, or dismissing in general, is determined by (...) the democratic society being formed in the state during a particular period. On the other hand, although physical restriction of diffusion of ideas while implementing freedom of assembly is legitimate, it should not become the main control tool, since the development of the state in this direction is absolutely opposite to the expansion of democratic ideas in the society. Legal education should become the priority area of the policy conducted by the state. Particularly since this priority provides the security for the spread of best practices in democratic states, thus laying the grounds for effective prevention of expression of illegal behaviour. Such illegal behaviour may occur in the form of incitement of hatred and aggression in respect of persons who have different faith, race, nation or sexual orientation. The article substantiates that the real challenge faced by the modern democracy is security for practical implementation rather than the formal recognition and regulation of rights and freedoms. It has been found in practice that the implementation of freedom of assembly can be faulty restricted by the procedural justice. After evaluating experience of the States of the European Union and the way in which their national legal system is structured, the recommendations are made enabling a timely dispute settlement concerning the right of assembly, i.e., in order to prevent decision making process from becoming an obstacle for the implementation of freedom of assembly. It is pointed out that settlement of the dispute concerning the permission to hold a peaceful assembly after the date of the assembly is pointless and denies social importance of right of the assembly. (shrink)

In this essay, Paula McAvoy addresses the problem caused by the liberal state's necessary tolerance of insular fundamentalist groups and the concern that children raised in such groups do not have a fair opportunity to evaluate their inherited beliefs. This tension comes to the fore around disagreements over schooling and requests for religious accommodation. Often, these requests are treated as straightforward dilemmas — either the state accommodates the group at the expense of the child's future interest in autonomy, or the (...) state must use its power to coerce the group into compliance. McAvoy argues for a principled middle ground between these two views. Using William Galston's conditions for securing the right to exit and evidence from Anabaptist apostates, McAvoy shows that insular groups cannot satisfy these conditions. Consequently, when accommodation is necessary, the state must mitigate the foreseeable costs to children by enacting policies that “facilitate entrance” for those who later choose to exit. (shrink)

Since the UN Guiding Principles on Business and Human Rights were adopted by the UN Human Rights Council in 2011, they have diffused into policy frameworks, laws, and regulations across the globe. This special issue seeks to advance the interdisciplinary field of human rights research by examining key elements of the emerging transnational regime for the regulation of business and human rights. In seven original contributions, scholars from political science, law, accounting, and philosophy critically reflect on the theoretical foundations (...) of the UNGPs, they analyze the effectiveness of implementation mechanisms and current regulatory practice, and they advance proposals for the future development of the business and human rights regime. In this introduction, we prepare the ground for these analyses, proceeding in three steps. Firstly, we argue that the adoption of the UNGPs has triggered a norm cascade which requires a distinctive, empirically oriented research agenda focusing on the scope, governance, and effectiveness of corporate human rights accountability norms and instruments. Secondly, we explain how the articles in this special issue contribute to that research agenda by addressing these themes. Thirdly, we provide an overview of the individual contributions and point out avenues for future research. (shrink)

Abstract Normative criteria for evaluations of economic and social outcomes are often formulated in terms of social welfare functions which are essentially and importantly non-satiable. However, there are good reasons to consider certain normative criteria and many policy objectives to be capped, i.e. bounded, and thus satiable provided sufficient resources are made available for their satisfaction. Inspired by the Foster–Greer–Thorbecke class of indicators, this paper uses an interdisciplinary approach to develop a model for assessing outcomes in terms (...) of capped objectives based on an understanding of individual shortfalls from the objective, denoted needs. We present an indicator to measure need satisfaction in a population of individuals with heterogeneous needs and highlight an aggregation problem under scarcity. For such situations, we develop three ways in which the indicator can be weighted that reflect respectively concerns over the frequency, depth and severity of the need shortfalls and show that normative evaluations based on these weighting schemes can conflict, yielding mutually inconsistent outcome rankings. The indicator can be adapted to measure a wide variety of phenomena, e.g. health needs, education shortfalls, deprivation, etc., and it is suited for targeting exercises and other policy implementations. In particular, it allows for exogenous weighting schemes, i.e. weights that can incorporate non-shortfall characteristics relevant for the evaluation, e.g. age, gender, ethnicity, etc. The indicator thus enables new ways for researchers to promote and study satiable objectives in a wide variety of contexts relevant to economic and social policy, e.g. human development programs, poverty reduction, healthcare policies, etc. (shrink)

Compulsory (health) service contracts have recently received considerable attention in the normative literature. The service contracts are considered and offered as a permissible and liberal alternative to emigration restrictions if individuals relinquish their right to exit via contract in exchange for the state‐funded tertiary education. To that end, the recent normative literature on the service programmes has particularly focused on discussing the circumstances or conditions in which the contracts should be signed, so that they are morally (...) binding on the part of the skilled workers. However, little attention is devoted to the relevance of the right to exit for the debate on compulsory service programmes. In this paper, I argue that even if the service contracts are voluntary, and thus the would‐be medical students voluntarily relinquish their right to exit, the reasons behind the right should be taken into account for the contracts to be morally valid. A clear understanding of the right to exit is a must in order not to breach its basic components and for the service contracts to be morally binding. To that end, I provide two accounts of the reasons to value the right to exit by presenting Patti Lenard's discussion of the right to exit and by reconstructing James Griffin's account of human rights. I conclude by offering brief ethical considerations for compulsory health service programmes grounded in the reasons to value the right to exit. (shrink)

The United Nations Scientific, Education and Cultural Organisation (UNESCO) Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a ‘non-binding’ declaration under public international law. The UDBHR’s normative foundation within bioethics (and association, for example, with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially important (...) principles of technology transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of technology transfer and transnational benefit principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect and how these may be relevant to their conceptual evolution and application. (shrink)

The article shows the interlacement of political philosophy and philosophy of education by justifying educational justice as central normative ground for analyzing educational policies as well as by defending a democratic conception of educational justice. In order to ground the importance of the concept of educational justice, the article explains the shortcomings of the alternative – functionalist and liberal perfectionist – normative grounds of educational policy. Then, the article develops a democratic conception of educational justice (...) by first of all criticizing the liberal conception of equal educational opportunity on the ground that it implicitly accepts as valid the socially existing understanding of educational success. Based on this critique the article defends a democratic conception of educational justice that demands the institutionalization of educational practices that prepare students to define themselves as democratic citizens what educational success should mean. (shrink)

This paper examines the normative justification for special rights for Indigenous peoples whose traditional territories straddle contemporary international borders. Examining the Mohawks of Akwesasne (Quebec, Ontario, and New York state) and the Tohono O’odham (Arizona and Sonora, Mexico) as cases, I demonstrate how state claims to territorial jurisdiction and border regulation often interfere with the lives of Indigenous people whose social, cultural, economic, spiritual and political practices and relationships cluster across contemporary international boundaries. Through the concept of group occupancy (...) interests, I argue that members of Indigenous nations whose territories straddle borders possess special rights to access and use lands presently claimed by states of which they are not recognized citizens. Moreover, I demonstrate how border-straddling Indigenous nations challenge the unlimited sovereignty of contemporary states with respect to border policy: the occupancy and self-determination interests of Indigenous peoples may ground the moral rights of their communities to co-manage international border crossings with states. Finally, I argue that collective interests in cross-border political identities and self-determination can ground the rights of Indigenous peoples to form unified cross-border jurisdictional units that demand recognition by states, alongside the rights of Indigenous peoples to regulate group membership. (shrink)

In today’s America the persistence of crushing poverty in the midst of staggering affluence no longer incites the righteous jeremiads it once did. Resigned acceptance of this paradox is fueled by a sense that poverty lies beyond the moral and technical scope of government remediation. The failure of experts to reach agreement on the causes of poverty merely exacerbates our despair. Are the causes internal to the poor – reflecting their more or less voluntary choices? Or do they emanate from (...) structures beyond their control? If both of these explanations are true, poverty experts will need to shift their focus to a hitherto under-theorized concept: coercion. I defend this claim by appealing to distinct areas of philosophical inquiry: social epistemology and moral theory. Poverty knowledge is directly related to both of these inquiries. The aim of poverty knowledge is clearly moral: to reduce suffering and to empower the weak. While the former aim is grounded in utilitarian thinking, the latter aim is grounded in the social contractarian insight that poverty is unjustly coercive, imposing excessive limits on the opportunities and choices of the poor that render them vulnerable to domination by others. Equally obvious is the social nature of poverty knowledge. All knowledge depends on the reliable testimony of others. Poverty knowledge not only ostensibly offers us the most reliable, scientific beliefs about the causes and effects of poverty, thereby determining how we morally judge the poor and their poverty, but it reciprocally bases its understanding of poverty on what the poor themselves have to say about it. What unites both social epistemology and moral theory – at least the social contract variants I will be examining here – is concern about the limits and possibilities of rational choice. As poverty knowledge came of age in the fifties and sixties, it absorbed the language of rational choice prevalent in economics, especially the Keynesian economics whose moral underpinnings can be found in Rawlsian social contract theory. Echoing a different economic theory supported by a different, more libertarian, brand of social contract theory, poverty expertise in the eighties continued to use an abstract model of rational choice. I submit that, in both early and later epochs of poverty expertise, reliance on rational choice reasoning prevented poverty experts from appreciating the coercive impact of poverty on the poor. Social epistemology explains this failure by demonstrating the poverty of rational choice thinking and its mistaken reliance on inflated commonsense expectations about the capacity of individuals to calculate their long-term interests, free from the distortions of social bias. Social epistemology not only exhibits the dangers of not relying on expert testimony, but it also exhibits the dangers of relying on an unreliable source of expert testimony that has removed itself from its human subject matter. In order for poverty experts to become more reliable educators about poverty’s coercive impact on the poor they must return to their discipline’s social epistemological roots. Only a more descriptive and explanatory sociology can narrate a comprehensive story about how the lived experience of poverty relates to the larger social system. The social contractarian model best suited to underwriting this kind of poverty knowledge, I submit, is the discourse theoretic model that has been championed by Jürgen Habermas. When applied as a pedagogical method of dialog and not as a social contractarian model of rational normative consent, discourse theory highlights the unique epistemological advantages of empathetic understanding that are so essential to dispelling stereotypes about the poor. Dispelling these stereotypes is the first step toward respecting the poor as free agents who are nonetheless forced to make suboptimal choices. My defense of these claims proceeds as follows: Part One argues that poverty expertise rightly deserves the opprobrium critics have heaped on it. The charge – leveled by progressives and conservatives alike - that such expertise is ideological is true to the extent that poverty knowledge has all-too-easily accommodated the political aims of the agency that has funded it: the federal government. The shift from the war on poverty to the war on the poor – and the resulting shift from blaming poverty on economic structures to blaming it on the culture of poverty – would not have been possible without an increased emphasis on data gathering aimed at measuring poverty rather than describing it. Part Two assesses the consequences of turning away from qualitative research to statistical analysis: the coercive nature of poverty becomes invisible beneath the surface of aggregate individual choices. The failure to grasp how voluntary choices, ostensibly based on rational, self-interested calculations, can be coerced by social structures - and thereby lead to sub-optimizing behavior – invites the conclusion that the poor have only themselves to blame for their misery. Part Three suggests that this pathologization of the poor directly controverts the major aim of poverty research: to empower the poor as free and equal parties to the social contract. I argue that the different varieties of social contract theory that have justified poverty expertise over the last forty years – the welfarist model pioneered by Rawls and the market-based model defended by Nozick – embrace the same rational choice models favored by poverty experts and so conspire with the latter in neglecting important dimensions of poverty-related coercion. While the welfarist model conceals the coercive nature of bureaucratically administered entitlement programs and top-down urban renewal policies, the market-based model conceals the coercive nature of economic class structures. The discourse-theoretic alternative proposed by Habermas endorses a populist, democratic response to the overly abstract rational choice assumptions embedded in these other models. Despite this advance over its counterparts, the chief advantage of discourse theory for poverty knowledge, I submit, resides less in its proposed procedure of rational collective choice than in its heuristic as a dialogical method of social learning. I demonstrate this claim in Part Four, where I turn to the social epistemological insights of Allen Buchanan. Social epistemology offers a much needed corrective to theories of knowledge that rely on the reasoning capacities of isolated individuals. By stressing the connection between moral response and social belief, on one hand, and the dependence of social belief on epistemic authorities, on the other, social epistemologists suggest ways in which we can learn to distinguish reliable from unreliable authorities and become aware of our own error-prone cognitive proclivities. Their insights need to be supplemented by moral epistemologists who stress the affective dimension of knowledge, above all, the role that empathy plays in understanding the plight of others. Drawing from victim narratives, Diana Meyers shows that switching between first-person experiences of one's own and third-person reconstructions of others' experiences is essential to appreciating the gravity of human rights violations and the seriousness of human rights claims. It goes without saying that such empathy is just as essential to understanding the plight of the poor. Meyers mainly has in mind empathetic understanding that has been facilitated by third-person observation and literary encounter, but the importance of visceral and corporeal representation suggests that face-to-face dialog may sometimes be a more effective way to facilitate empathetic understanding. (shrink)

Poland has faced two waves of migration: the first was of irregular asylum seekers, which led to the humanitarian crisis on the eastern EU–Belarusian border since 2021; the second was of Ukrainians fleeing the Russian invasion. Although there are noticeable differences between these situations, and between the different reactions of the Polish authorities, it is possible to juxtapose them in terms of the right to health. The normative content of refugee and human rights law is the starting point (...) for reconstructing the meaning of the terms ‘refugee’ and ‘right to health’. A refugee is a person who needs international protection because of a well-founded fear of harm, which is not limited to persecution as defined by the Refugee Convention but also includes situations of international and non-international armed conflict. The right to health, which includes, inter alia, entitlements to a ‘system of health protection’ and ‘underlying determinations of health’, is reconstructed on the basis of human rights law and refugee and migration law. There are no legal and moral grounds to grant the right to health differentially to different groups of refugees. Nondiscriminatory health policy requires that refugees have the same access to health care as nationals, although their specific health needs resulting from past experiences and refugee situation require special treatment, that is, an appropriate refugee health policy. The broad understanding of the underlying determinants of health demonstrates the importance of overall migration policy for refugees’ health, which can jeopardise the fragile good of refugee health. (shrink)

Opponents and proponents alike of the freedom of the UK press to print prejudicial content about marginalised groups typically frame the debate in classic ‘free speech’ vs ‘harm principle’ terms. Those in favour of press freedom argue that the print press' right to freedom of expression beats any perceived or actual harm caused, and those against argue the opposite. Predictably, little progress is made in either party convincing the other. I suggest that we ought to instead ask, what (...) class='Hi'>grounds the freedom of the press? I propose that one plausible answer is: the value of agential epistemic participation. And I argue that we cannot uphold that value at the same time as permitting discriminatory reporting against collectives of individuals. This offers a strong basis from which to argue for a change in UK press regulatory policy, to allow discrimination claims against groups of individuals to be heard. Further, when we consider the role of epistemic participation in one’s ability to perform as a person, we ought to find that most complaints will in practice find in the favour of the group in question, rather than the PPM. (shrink)

About 6% of women in the world live in countries that ban all abortions, and 34% in countries that only allow abortion to preserve maternal life or health. In the USA, over the last decades—even before Dobbs v. Jackson Women’s Health Organization overturned the federal right to abortion—various states have sought to restrict abortion access. Often times, this legislation has been advanced based on legislators’ personal moral values. At the bedside, in contrast, provision of abortion care should adhere to (...) the normative principles of medical ethics and reproductive justice, centreing patients and their individual reproductive intentions and desires. Abortion regulations, through their influence on patients and providers, may facilitate or impede such ethical care at the bedside. In this paper, we present a framework to model how abortion legislation should fit into the patient–provider relationship and to clarify the dynamics by which legislation may affect healthcare encounters. Our proposed framework serves as a tool to analyse the ethical impact of abortion regulations. We propose a model for assessing abortion policies based not on legislators’ or advocates’ individual moral claims, but on the shared, normative framework of clinical medical ethics. Through contrasting case studies, we demonstrate how a robust normative ethical framework can recentre patients and their reproductive needs. Our model is one way to account for—and safeguard—patients’ diverse viewpoints and needs in the development of abortion policy, and it can serve to ground narratives for advocacy by healthcare workers and their professional organisations. (shrink)

This issue marks the beginning of a new editor-in-chief for Studies in Philosophy and Education . I am excited to begin my tenure in this role, and to continue developing the long-standing strength and quality of this journal, which enjoys a 54-year history of continual support from editors in the fields of philosophy, philosophy of education, social science, and educational policy, in support of addressing philosophical, theoretical, normative and conceptual problems and issues in educational research, (...) class='Hi'>policy and practice.Let me introduce myself a little. I am a “military brat” who grew up on USA military bases around the world during the Cold War, the 1960s civil rights movement, the 2nd wave of the feminist movement, and the Viet Nam War, all of which greatly affected me. I am a former Montessori elementary teacher, mother of four very talented adult children and grandmother of two adorable granddaughters.I am a full professor, who worked in undergraduate teacher education for .. (shrink)

This article explores the question of whether it is morally permissible for the liberal state to require schools to teach religions “neutrally” to children. I examine this question through the normative analysis of Canadian Supreme Court case Loyola High School v. Quebec. I argue that it is in principle morally impermissible for the liberal state to oblige all schools to adopt a neutral approach to teaching children about religious diversity. I propose a normative framework for evaluating the (...) legitimacy of such an imposition and identify a strategy in support of accommodating schools like Loyola that does not appeal to the existence of a strong parental right to control their children’s education. (shrink)

This chapter concentrates mainly on biomedical cognitive enhancements, but many of the remarks apply equally to enhancements that work on non‐cognitive capacities, and to non‐biomedical means of enhancement. Proponents of a positive right to enhancements could argue their case on grounds of fairness or equality, or on grounds of a public interest in the promotion of the capacities required for autonomous agency. The societal benefits of effective cognitive enhancement may turn out to be so large and unequivocal (...) that it would be economically efficient to subsidize enhancement for the poor, just as the state now subsidizes education. The example on iodine deficiency illustrates that cognitive enhancement policy need not center on preparing the ground for sophisticated, yet‐to‐be‐realized technologies. “Smart policy” should, rather, take as its starting point the recognition that effective cognition is not only subjectively valuable to individuals, but also delivers significant social, cultural, financial, and scientific benefits. (shrink)

In the ｢Framework Act on Education｣, Korean society sets the direction that even adults, including students, have the right to be educated to have the 'qualities necessary as a democratic citizen’, and through this, should contribute to the public interest of Korean society and mankind as a whole. However, discussions on what specifically, civic education for democratic citizens is, are still underway without agreement. The important point is that the social structure and lifestyle change according to the (...) times, and the qualities and virtues required by citizens also change. Considering this, the philosophical and theoretical level of review and discussion of the goals, directions, and grounds of citizenship education should be conducted together with social analysis and the prediction of social change. From this awareness of the problem, this study summarized recent Korean society perspectives from the viewpoint of 'transition,' Based on this, the goals and directions of citizenship education were summarized. Korean society has long confirmed that social solidarity is collapsing due to conflict, hatred, and exclusion. In addition, inequality has accelerated since neoliberal policy was fully implemented. In addition, it has been confirmed that the discourse of meritocracy that justifies inequality has become the mainstream perception of society. In addition, as a member of the human community, Korea also identified an ecological crisis that could be an exception. Therefore, we have now confirmed that social integration, restoration of publicity, and the emergence of ecological values are new tasks. To solve these challenges, it is necessary to form a social entity to prepare for a transition. In this sense of the problem, this study presents the virtues of Buddhism, especially for citizens, from an acting point of view as three things: (a) reconciliatory thought for social integration, (b) collective karma for social justice, and (c) awareness and practice of life peace. (shrink)

What is wrong with colonialism? The standard—albeit often implicit—answer to this question has been that colonialism was wrong because it violated the territorial rights of indigenous peoples, where territorial rights were grounded on acquisition theories. Recently, the standard view has come under attack: according to critics, acquisition based accounts do not provide solid theoretical grounds to condemn colonial relations. Indeed, historically they were used to justify colonialism. Various alternative accounts of the wrong of colonialism have been developed. According to (...) some, colonialism involved a violation of territorial rights grounded on legitimate state theory. Others reject all explanations of colonialism's wrongfulness based on territorial rights, and argue that colonial practices were wrong because they departed from ideals of economic, social, and political association. In this article, we articulate and defend the standard view against critics: colonialism involved a procedural wrong; this wrong is not the violation of standards of equality and reciprocity, but the violation of territorial rights; and the best foundation for such territorial rights is acquisition based, not legitimacy based. We argue that this issue is not just of historical interest, it has relevant implications for the normative evaluation of contemporary inequalities. (shrink)

This paper addresses whether universal, general education programs are enough to satisfy basic criteria of human rights, or whether comprehensive family planning programs, in conjunction with universal education programs, might also be morally required. Even before the Reagan administration instituted the ‘global gag rule’ at the 1984 conference in Mexico City, prohibiting funding to nongovernmental organizations that included providing information about abortion as a possible method of family planning, the moral acceptability of family planning programs has been called (...) into question. This paper makes a moral argument for family planning by appealing to both data and to theory: data about the efficacy of universal and comprehensive family planning education programs at reducing fertility and infant mortality, and theory about what is required for the establishment of autonomy. It reasons that universal educational programs are insufficient for the promotion of autonomy, and therefore argues on substantive autonomy grounds for comprehensive family planning programs in addition to universal education programs. (shrink)

This book manuscript, entitled United Nations Human Rights Ethics: For The Greatest Success of the Greatest Number, critically examines most all major normative ethical theories since Socrates and finds Roman Stoic ethics to be the least deficient. It divides ethical theories into popular ones with little academic support, other popular ones that have had such support, and Kantian ethics standing alone as a philosopher's academic ethical philosophy with limited popular support. It criticizes the appropriation of human rights by the (...) international law profession to the exclusion of moral philosophy, despite the origin of "human rights" in the moral philosopher Rousseau. It blames the inability of moral philosophers to reach a professional consensus on the elements of normative ethics, not the legal profession. It laments both the failure of human rights education to human beings everywhere as requested by the Universal Declaration and the decline in popular support for human rights in favor of nationalism in current history since 2015. It advocates a way of redirecting human right education to people on the ground rather than mainly to law students. Such education has been overtaken by the Rule of Law movement fighting high crimes crimes against humanity unanticipated by the Universal Declaration. It argues for a way for ethicists to get on the same page in teaching elements in ethics and argues forcefully for a positive method for popular human rights education as well as for human rights-based elementary ethical theory. (shrink)

In this article, I argue that public education should provide a constructive forum for discussing aspects of lesbian and gay lifestyles in both primary and secondary schools. My argument is that such action is necessary to offset the way the dominant culture limits the capacities of gays and lesbians to achieve human self-fulfillment. In making this argument, I recognize that I am going beyond merely promoting social tolerance to legitimizing an actual place for discussion of the needs and interests (...) of gays and lesbians in the society at large. The principles I will apply to make this argument are not specifically situated in legal philosophy (concerning the nature of law and its evaluation), but rather, principles of normative political philosophy (concerning ethical justifications of governmental institutions) as we might find in the Universal Declaration of Human Rights adopted by the UN in 1948. (shrink)

The recent decrease in public confidence in the measles, mumps and rubella vaccine has important implications for individuals and public health. This article presents moral arguments relating to conflicts between individual autonomy and collective responsibilities in vaccination decisions with a view to informing and advising health professionals and improving the effectiveness of education policies in avoiding resurgence of endemic measles. Lower population immunity, due to falling uptake, is hastening the need for greater public awareness of the consequences for the (...) population. Vaccination refusals go hand in hand with responsibilities owed to future generations and society in not knowingly contributing to preventable harms. Issues such as parents’ rights are considered and balanced against: collective responsibilities for public health; permissibility of ‘free-riding’; conflicting duties of health professionals; and possible enforcement of vaccination. It is suggested that the arguments may form a persuasive tool for the practice of health professionals involved in informing and supporting parents’ vaccination decisions. (shrink)

Blended Learning Solutions for Higher Education explores the origins, empirical foundations, and implementation of blended learning in colleges and universities. Since emerging as a third-way solution to traditional and virtual higher education models, blended learning has become a predominant learning modality in an era of rapid technological proliferation. Offering an alternative to longstanding yet flawed methodologies and assumptions about its validity, this book conceptualizes blended learning as a complex social practice mediated by knowledge, institutional rules, policies, and norms (...) as well as material factors such as technology and physical spaces. The book's original MIRACLE framework offers a research-grounded, highly practical guide to blended learning design, improvement, and long-term efficacy. From demystified history and heuristics to digitized platforms and course content to reimagined governance and regulations, these insights provide a thoughtful exemplar of blended learning's challenges and affordances along with a firm basis for integrating face-to-face and online learning, teaching, and assessment innovatively and creatively. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Human Rights and the Ethics of Globalization by Daniel E. Lee and Elizabeth J. LeeGuenther "Gene" HaasHuman Rights and the Ethics of Globalization Daniel E. Lee and Elizabeth J. Lee Cambridge: Cambridge University Press, 2010. 264 pp. $27.99While there have been numerous books written on the nature of rights in a world of globalization, this book fills a gap by presenting a thoughtful and balanced discussion that is (...) firmly grounded in ethical theory yet takes into account the concerns of both nongovernmental organizations (NGOs) and the realities of the business world. The authors acknowledge that there can be naive troublemakers in NGOs and greedy people in business as well as socially concerned people in both groups.The book is divided into three parts. Part 1 deals with the philosophical foundations for addressing ethical issues in business within the context of globalization. Here the authors advocate for a limited, carefully defined notion of rights, properly noting that not everything of ethical significance falls under the notion of rights. The important distinction they make is between negative rights (the rights to life and freedom), which oblige us never to harm others, and positive rights (rights of entitlement, such as education, medical care, housing), which depend upon the various types of relationships, voluntary or involuntary, in which people find themselves. The former apply universally to neighbors near and far; the latter, because they are defined by relationships, apply primarily to neighbors near to us. With globalization distant neighbors often become near neighbors—for example, when a company builds a production facility in another country. In view of this, the authors argue that the Enlightenment’s individualistic understanding of rights is incomplete. A fuller version of rights (rooted in Aristotle) situates all humans in social communities where mutual charitable treatment is better suited to promoting human flourishing. With this in mind, the authors use the second form of Kant’s categorical imperative (“Always treat others as ends”) to map out some helpful practical guidelines for multinational corporations that are conducive to human well-being. Such guidelines seek to take into consideration all the constituencies that these organizations are called to serve—including shareholders, customers, employees, suppliers, and communities of location.In part 2 the authors draw on these philosophical foundations and practical guidelines to discuss ethical issues related to business practices in four different [End Page 198] countries: respect for human rights in China given the widespread practice of outsourcing; the condition of workers in Liberia where Firestone is the largest employer; free trade and fair trade issues related to coffee growers in Ethiopia; and the question of whether low-wage factories (maquiladoras) in Mexico exploit workers or provide economic opportunity for them. The authors provide a fair evaluation of each situation rooting their discussion in the nature of each respective business and the conditions over which it has direct control.Part 3 deals with the possibilities and challenges of dealing with multinational corporations that do not respect human rights. Although many argue for sanctions and treaty provisions, the authors argue that these approaches have their limitations. As an alternative, they recommend the Alien Tort Claims Act as the most promising means of enforcing human rights standards among American multinational corporations with overseas operations.This is an insightful and balanced book on human rights and social ethics precisely because it has a positive view of markets and is optimistic about achieving greater social responsibility in the business world. It will be helpful to all committed to promoting ethical business practices in a growing global economy—not only in the church and academy but also in the legal community and business world and in NGOs.Guenther HaasRedeemer University CollegeCopyright © 2013 Society of Christian Ethics... (shrink)

This paper relates human rights to public health ethics and policies by discussing the nature and moral justification of human rights generally, and the right to health in particular. Which features of humanity ground human rights? To answer this question, as an alternative to agency and capabilities approaches, the paper offers the “fundamental conditions approach,” according to which human rights protect the fundamental conditions for pursuing a good life. The fundamental conditions approach identifies “basic health”—the adequate functioning of the (...) various parts of our organism needed for the development and exercise of the fundamental capacities—as the object of a human right. A human right to basic health entails human rights to the essential resources for promoting and maintaining basic health, including adequate nutrition, basic health care, and basic education. Duty bearers include every able person in appropriate circumstances, as well as governments and government agencies, private philanthropic foundations, and transnational corporations. (shrink)

Since 9/11 the European Court of Human Rights (the European Court) has raised anew the question of the relationship between religion and public education. In its reasoning, the European Court has had to consider competing normative accounts of the secular, either to accept or deny claims to religious liberty within Europe's public education system. This article argues that the trajectory on which the term 'secularism' had been used by the European Court pointed increasingly towards secular fundamentalism. This (...) study is located at the cutting edge of religion, education and the law and builds on previous work in the field (Arthur, 1998, 2008). It examines, through extensive research of legal cases, the most important developments of the usage of secular and secular education in modern discourse and explores the background to these concepts. Unless otherwise stated, religion in this article shall refer to the Christian tradition because Christianity has been the historical context for the development of the concept of 'secular' in Europe. The paper outlines three models of secular education before moving on to scrutinise how the European Court has understood and evaluated various legal cases before it on the interaction between secular States, public education and notions of religious symbolism and influence. The paper will discuss the significance of the European Court's reasoning and decisions for public education within a secular State context and offer some conclusions on the implications of these decisions. It examines the legal principles that underpin the European Court's supervision of the State's role in the provision of education. It focuses on the chimeric goal of neutrality and highlights the risks attached to the use of an ideological conception of secularism that could lead potentially to the complete removal of the religious as a vital cultural and intellectual dimension of public education. (shrink)

The purpose of our article is to investigate and report on a document analysis study of social studies education in Argentina. In particular, our focus is on the progression of citizenship education and the inclusion of global perspectives in social studies education within Argentina's elementary schools. Like many other countries in the world, Argentina has followed a growing trend to include global perspectives in their national curricula. We investigate the contours of what this entails for Argentina's elementary (...) schools. We begin the article by situating our purpose in the larger field of global citizenship education. Next, we review the literature and describe Argentina's socio-historical context and report on how that context informs Argentina's education system. We then move to the study's methodology, which is grounded in the following research questions: (1) How is social studies organized in Argentina and how has the purpose of social studies evolved over time? (2) To what degree, if any, are global perspectives represented in Argentina's elementary social studies curricula? To address these questions, we employ document analysis research design (Bowen, 2009). In this analysis, we review Argentina's education policy documents and social studies curricular documents. We follow Fereday and Muir-Cochrane's (2006) three-prong approach for data analysis of documents. We share the findings of the research based on the aforementioned questions. We conclude the article with a discussion of how environmental awareness, human rights, and global competencies are included in the initiative to increase global citizenship education within Argentina's social studies curricula. (shrink)

There seems to be a broad agreement that curiosity is important in education. However, current research often seeks to answer the question of how best to nurture curiosity and fails to ask the normative question of why this should be done. A closer look reveals that the reasons for justifying the importance of curiosity vary, with some theorists pointing to its role in cognitive development as a starting point for learning, and others praising it as an element of (...) democracy and a child’s right to participation. Most of these approaches understand curiosity as an individual urge or desire for knowledge. In contrast, this article will examine a relational understanding of the concept by focussing on social curiosity. Instead of following a cognitive developmentalist, intellectual virtue or emancipatory approach to valuing curiosity, I will employ relational ethical theory. The argument then explores a possible analogy between social curiosity and the concept of sovereign expressions of life, as developed by the Danish philosopher and theologian K.E. Løgstrup. By drawing on his relational ethics, the article aims to expand the theoretical grounds on which curiosity can be normatively legitimised in education. With children spending longer and longer hours in educational, structured and adult-led settings, I conclude with a twofold normative claim: Social curiosity should be a part of all relations in education and its absence should lead to an ethical demand. In addition, an awareness of the actual deeds through which social curiosity is realised is also a topic that must be addressed by educators. (shrink)

Course designers adopted a language-learners approach to the online teaching of New Zealand secondary school students in the subject of astronomy. This was possible because the curriculum for astronomy that was in 2004 established as a part of New Zealand's national curriculum was specifically designed to engage underachieving students in science and technology. A criterion-referenced assessment regime was established and an Internet platform was built specifically to facilitate this form of assessment. This platform contrasts with the norm-referenced assessment programmes that (...) are most frequently used with online instruction. In this situation - where the essential task is to reward students for learning basic vocabulary and to motivate them to further study - the theory of psychologist William James assisted the teachers to develop their online pedagogy. The article concludes with a comparison of the advantages and disadvantages of using the Internet to deliver science courses to secondary school students. (shrink)

This paper examines two issues related to research of certified fair trade goods. The first is the question of how agendas for fair trade research should be developed. The second issue is the existence of major gaps in the fair trade literature, including the study of the particular features of fair trade practice in individual northern countries. In taking up the first of these issues, the paper proposes that normative analysis should provide the basis for developing research agendas. Such (...) an approach is important to ensure that the necessary types of questions to make normative judgments and policy decisions are posed and that biases that tend to favor mainstreaming practices in the generation of knowledge are minimized. The paper addresses the second research issue by examining the development of research agendas at the level of individual countries, using Canada as a case. (shrink)

Global debates in approaches to HIV/AIDS control have recently moved away from a uniformly strong human rights-based focus. Public health utilitarianism has become increasingly important in shaping national and international policies. However, potentially contradictory imperatives may require reconciliation of individual reproductive and other human rights with public health objectives. Current reproductive health guidelines remain largely nonprescriptive on the advisability of pregnancy amongst HIV-positive couples, mainly relying on effective counselling to enable autonomous decision-making by clients. Yet, health care provider values and (...) attitudes may substantially impact on the effectiveness of nonprescriptive guidelines, particularly where social norms and stereotypes regarding childbearing are powerful, and where providers are subjected to dual loyalty pressures, with potentially adverse impacts on rights of service users. Data from a study of user experiences and perceptions of reproductive and HIV/AIDS services are used to illustrate a rights analysis of how reproductive health policy should integrate a rights perspective into the way services engage with HIV-positive persons and their reproductive choices. The analysis draws on recognised tools developed to evaluate health policies for their human rights impacts and on a model developed for health equity research in South Africa to argue for greater recognition of agency on the part of persons affected by HIV/AIDS in the development and content of policies on reproductive choices. We conclude by proposing strategies that are based upon a synergy between human rights and public health approaches to policy on reproductive health choices for persons with HIV/AIDS. (shrink)

Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper (...) immigration standing that is not available to adults. Despite the fact that these benefits are extremely widespread, the justification for them remains less than fully clear, and the extent of the benefits required by considerations of justice (as opposed to expediency or other policy considerations) is debated. While essentially all states recognize at least some of these rights, a significant number of them wish to reduce, rescind, or place significant conditions on them. The role of the family in immigration policy, then, stands in need of further clarification. In this paper I attempt to provide the needed clarification and justification. I discuss first questions about family unification or formation, focusing in particular on how broad a right must be provided by states wishing to have a just immigration policy, and on whether this right violates norms of liberal neutrality. I then discuss the family in relation to refugee and asylum policy, considering both when family ties should be given weight in refugee protection decision and when harm to a family member should, on its own, be able to be grounds for applying for refugee protection. I turn next to the question of when, and to what extent, family ties should be able to serve as a “shield” to removal or deportation, and finish with a discussion of the special rights of and obligations to children in immigration settings. (shrink)

Can gender equality quality criteria developed for assessing EU internal policies be used unequivocally for evaluating EU external policies? Or might a methodological adaptation be necesary? To engage with this dilemma, the author evaluates the two-dimensional quality model of Krizsan and Lombardo and examines what a reorientation of the model would entail to better allow for the analysis of gender policy implemented outside of Europe. The author argues that to allow for an in-depth analysis of EU gender (...) class='Hi'>policy abroad, the model’s procedural criteria ‘empowerment of women’s rights advocates’ and ‘transformation with reference to the prevailing context’ need to be brought centre stage and mainstreamed throughout the research design. The author suggests doing this by explicitly involving the views of gender activists from the national context in the analysis and using their perspectives as a touchstone for the evaluation of quality. To examine the proposed methodological model’s suitability for analysing the quality of gender policies in EU external relations, this operationalization is applied to the case of EU–South African development cooperation. The article concludes that the inclusion of gender advocates’ perspectives is necessary to avoid stereotypical, paternalist and Eurocentric ideas about the meaning of gender equality abroad and allow for a contextually grounded reflexivity on the quality of gender policy. Finally, it is argued that it is the role of feminist research to enhance women’s capacity for self-determination methodologically and to hear the voices of national actors that might otherwise not be heard in EU external relations. (shrink)