Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.

This book is an accessible, research-based introduction to behavioral ethics. Often ethics education is incomplete because it ignores how and why people make moral decisions. But using exciting new research from fields such as behavioral psychology, cognitive science, and evolutionary biology, the study of behavioral ethics uncovers the common reasons why good people often screw up. Chapters coordinate with free online teaching resources from The University of Texas at Austin. Scientists have long studied the ways human beings make decisions, but (...) only recently have researchers begun to focus specifically on ethical decision making. Unlike philosophy and religion, which aim to tell people how to think and act about various moral issues, behavioral ethics research reveals the factors that influence how people really make moral decisions. Most people get into ethical trouble for doing obviously wrong things. Aristotle cannot help, but learning about behavioral ethics can. By supplementing traditional approaches to teaching ethics with a clear, accessible, detailed, and research-based introduction to behavioral ethics, beginners can quickly become familiar with the important elements of this new field. This book includes the bonus of being coordinated with Ethics Unwrapped-a free, online, educational resource featuring award-winning videos and teaching materials on a variety of behavioral ethics (and general ethics) topics. This book is a useful supplement for virtually every ethics course, and important in any course where incorporating practical ethics in an engaging manner is paramount. The content applies to every discipline-journalism, business ethics, medicine, legal ethics, and others-because its chief subject is the nature of moral decision making. Because the book is research-based yet accessibly written with interesting studies, it could be used in high schools, colleges, graduate schools, and industry. (shrink)

This work offers a groundbreaking exploration of the urgent need for creativity and innovation in contemporary military thought. In an era characterised by the ceaseless flux of global dynamics, traditional paradigms of warfare have become increasingly obsolete. The imperative has arisen to harness out-of-box thinking, underscoring creativity and innovation within the realm of military thought. The pursuit of victory no longer lies in the fixation upon past conflicts, but rather in the discerning assessment of and adaptation to the challenges that (...) will shape the conflicts of tomorrow. This innovative new work dissects the barriers that have thus far hindered the realisation of this potential. Furthermore, it challenges the status quo and advances a series of recommendations poised to steer international militaries towards success in the theatre of contemporary conflicts. Drawing from their extensive involvement with defence forces worldwide, the authors introduce concepts such as military design thinking as catalytic instruments of change. Through introspective reflections and real-world case studies, they present implications for mitigating cognitive biases, heralding a transformative epoch in military operations. It is this very transformation that furnishes militaries with the capacity to surge ahead of their adversaries, a capability proving to be indispensable in modern warfare. Offering a well-illuminated path for military entities to adapt and flourish within an ever-evolving global landscape, this book will be of much interest to students of military studies, security studies and International Relations, as well as military professionals. (shrink)

This essay defends a strong right against displacement as part of a basic individual right to secure access to one’s home. The analysis is purposefully situated within the difficult context of climate change adaptation policies. Under increasing environmental pressures, especially regarding water security, there are weighty reasons motivating the forced displacement of persons—to safeguard water resources or prevent water-related disasters. Even in these pressing circumstances, I argue, individuals have weighty rights to secure access to their homes. I explain how the (...) home provides a functional context for conditions of autonomous agency. Being coerced from the home disrupts and subverts the conditions necessary for autonomous processes. I conclude by suggesting that the right to the home could be a foundational element of territorial rights. (shrink)

In Sharing Territories, Cara Nine defends a river model of territorial rights. On a river model, groups are assumed to be interdependent and overlapping. Drawing on natural law philosophy, Nine's theory argues for the establishment of foundational territories around geographical areas like rivers.

A familiar story about phenomenal knowledge likens it to indexical knowledge, i.e. knowledge about oneself typically expressed with sentences containing indexicals or demonstratives. The popularity of this sort of story owes in part to its promise of resolving some longstanding puzzles about phenomenal knowledge. One such puzzle arises from the compelling arguments that we can have full objective knowledge of the world while lacking some phenomenal knowledge. I argue that the widespread optimism about the indexical account on this score is (...) unwarranted. (shrink)

Emotions situate actors in relationships and shape their social interactions. Culture defines both the qualities of individual identity and the constitution of social groups with distinctive values and practices. Emotions, then, are necessarily experienced and acted upon in culturally inflected forms that define not only the conventions of their articulation through individual and collective action, but also the very words that name them. This article develops theoretical arguments to support these claims and illustrates their application in a description of differing (...) emotional repertoires, and their consequences, in Aotearoa New Zealand. The effects of resentment and shame in an ethnic politics of rights and antidiscrimination law demonstrate that context is central to a nuanced understanding of how law and emotions connect in the practicalities of enforcing the protections of anti-discrimination law. (shrink)

This essay examines the most recent justifications for a people's exclusive right to resources as part of a territorial right. Divided into eight parts, the discussion covers contemporary philosophical discussion regarding: the conception of natural resources, the conception of resource rights, the general form of arguments supporting resource rights, arguments from self-determination, objections to arguments from self-determination, arguments from residence, arguments from improvement, and new directions for research in the future.

Predictive genetic testing is now routinely offered to asymptomatic adults at risk for genetic disease. However, testing of minors at risk for adult-onset conditions, where no treatment or preventive intervention exists, has evoked greater controversy and inspired a debate spanning two decades. This review aims to provide a detailed longitudinal analysis and concludes by examining the debate's current status and prospects for the future. Fifty-three relevant theoretical papers published between 1990 and December 2010 were identified, and interpretative content analysis was (...) employed to catalogue discrete arguments within these papers. Novel conclusions were drawn from this review. While the debate's first voices were raised in opposition of testing and their arguments have retained currency over many years, arguments in favour of testing, which appeared sporadically at first, have gained momentum more recently. Most arguments on both sides are testable empirical claims, so far untested, rather than abstract ethical or philosophical positions. The dispute, therein, lies not so much in whether minors should be permitted to access predictive genetic testing but whether these empirical claims on the relative benefits or harms of testing should be assessed. (shrink)

In ‘What’s Wrong with Colonialism,’ Lea Ypi argues that the wrong of colonialism can be expressed as procedural wrongs, not as wronging territorial rights. On her view, colonial practices went wrong in two ways: they forced residents into political associations, and the terms of the political association were not established through equal and reciprocal negotiations. I argue that because Ypi’s account successfully side-lines all but essential claims to territory, her theory ends up being vulnerable to an objection it means to (...) avoid. Historical residents may be subject to unequal treatment under newly formed political associations because their historical patterns of land use are not considered to have any independent moral weight. My analysis does not rely on any appeal to property or territorial rights. Instead, I appeal to pre-existing obligations holding between residents. (shrink)

International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. It covers (...) the various actors within the system, the theories that help explain their behavior, and the principles and sources of law they create. Part Two turns to the fora that define and support the international order, the historical and political contexts that impacted their design, and their efficacy. Part Three is a capstone section that asks students to weave together everything they have learned in Parts One and Two. Students will engage in normative development regarding climate change, including the existing international treaty regime and U.S. implementation options, and the law of war in the modern age. The cornerstone of this book is its organization. The text groups material into conceptual frameworks that promote understanding and retention. For example, rather than consider the various dispute resolution fora in isolation, Part Two asks students to consider them in the context of what types of disputes arise and what legal rules can be employed to resolve them in various international and domestic fora. The institutions also are presented in chronology. In this way, students are encouraged to chart the developmental progression and to make connections and comparisons between various institutions. The use of conceptual frameworks continues within each part. For example, Chapter Six covers the sovereign State as a conflict resolution forum. Under this umbrella, the author discusses (a) State Jurisdiction; (b) The Reception of International Law into the Domestic Sphere; (c) The Qualification as a State Forum or State Litigant (i.e., Recognition of States & Governments); and (d) Protections Afforded Within the Forum: Sovereign, Diplomatic, and Consular Immunity. A typical coursebook might locate this material in four different chapters. The conceptual framework approach, however, allows students to see the big picture and the relationship between concepts. In addition to the frameworks, there are several other innovative pedagogical devices that support student learning. There are Foundation Questions that initially direct readers through the material and cumulatively help students confirm whether they have grasped key takeaways from each section. There also are Assessment Sets in each section, which provide students with immediate opportunities to apply material and gauge their understanding, and "Why Is This Important (a/k/a WITI Moment)" prompts designed to delve deeper into the underpinnings and consequences of various rules. Finally, there are directed reading notes before some more complex readings and margin annotations to keep readers oriented. (shrink)

Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states (...) in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee.The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. (shrink)

Objective Standards of care regarding obstetric management of life-threatening anomalies are not defined. It is hypothesised that physicians' management of these pregnancies is variable and influenced by demographic factors. Design A questionnaire was mailed to members of the Society of Maternal–Fetal Medicine with valid US addresses assessing obstetric management of both ‘uniformly lethal’ (eg, anencephaly, renal agenesis) and ‘uniformly severe, commonly lethal’ (eg, trisomy 13 and 18) anomalies. Respondents were asked to answer as if not limited by state/institutional restrictions. Fisher's (...) exact or χ2 tests were used as appropriate and correction made for multiple comparisons in analyses that were not prespecified. Results The response rate was 36% (732/2038). Nearly 100% of respondents discuss termination for both uniformly and commonly lethal anomalies. In continuing pregnancies, with patient request for obstetric non-intervention 99% of providers would comply for either uniformly or commonly lethal anomalies. The majority ‘encourage’ such management, but some were non-directive or discouraged this management. In continuing pregnancies, with patient request for full obstetric intervention the majority of respondents was willing to comply for both uniformly (71%) and commonly (82%) lethal anomalies. While most practitioners ‘discouraged’ full intervention, some were non-directive or encouraged this management. Demographics and severity of anomaly influenced counselling. Conclusion Discrepancies exist regarding the management of life-threatening fetal anomalies. Patients may be offered different options based on practitioner demographics. The majority of physicians comply with patient wishes. Differences were noted when comparing the management of lethal with that of severe commonly lethal anomalies, suggesting that practitioners make a distinction when counselling patients. (shrink)

Disability scholars have critiqued medical models that pathologize disability as an individual flaw that needs treatment, rehabilitation, and cure, favoring instead a social-constructionist approach that likens disability to other identity categories such as gender, race, class, and sexuality. However, the emphasis on social constructionism has left chronic illness and pain largely untheorized. This article argues that feminist disability studies must attend to the common, chronic gynecological condition endometriosis when theorizing pain. Endo is particularly important for FDS analysis because the highly (...) feminized and sexualized nature of endo pain is a major source of disability. Because medical treatments of endo enhance fertility rather than provide pain relief, those with endo must not only have access to medical services to manage their pain, but also demand better medical management of their pain as well as disability accommodations for their pain. Thus, I propose a pain-centric model of disability that politicizes pain through social-constructionist and medical models of disability by attending to the lived experiences of pain. (shrink)

Competition is pervasive in modern society, affecting work, education, and recreation. The question arises whether competition is consistent with scriptural teaching. The context for this enquiry is that Christians today disagree among themselves about whether Scripture has any normative content relating to competition. Some view competition as incompatible with Scripture, while for others it is compatible. On the basis of a given definition of competition, Christian contributions to the debate in the last decade are reviewed. Only six inputs were discovered, (...) with five arguing that Scripture takes no normative position toward competition. Most of this article is taken up with evaluating their cases that are found to be unpersuasive. A sixth paper claims that Scripture is incompatible with competition, examined in the penultimate section. From reviewing the six contributions to the debate, the conclusion is that that Scripture does not have a favorable attitude toward competition. (shrink)

Cooperation, meaning collaboration between people who assist each other to achieve common goals, is argued to be one of Jesus’ major normative themes. This proposal has not previously been made in Christian ethics. Jesus’ emphasis on cooperation occurs within His major undertaking, His practice of obedience to God. Outlined initially is the meaning of cooperation that aims for mutual help and partnership with others in a friendly, trusting and harmonious alliance. Following that, Jesus’ teachings relating to cooperation are assessed, as (...) interpreted by Biblical exegetes. These teachings include the Golden Rule, Jesus’ admonitions for forgiveness, the need for generosity, required relations between His disciples, and Jesus’ healings. In the penultimate section, objections to the extension of Jesus’ teachings on cooperation in the modern world are found to be unpersuasive. (shrink)

A speaker can express the same thought, true under the same conditions, while using different expressions and grammatical constructions. According to Frege, these are differences in colourings. Colourings may convey additional contents; in that, they resemble Gricean conventional implicatures. Sander (2019) argues that Gricean implicatures do not subsume the category of colourings, as some colourings do not communicate their content. I show that this argument relies on a notion of communication focused on the speaker's intentions. But a notion of communicative (...) intentions where a speaker is responsible for the intentions her audience ascribes her possible. Under this notion, since so-called non-communicative colourings trigger specific inferences, a speaker who uses them communicates these inferences. Therefore, I vindicate the communicative role of colourings with content. (shrink)

Inside and outside of a Christian worldview, bioethicists have discussed ectopic pregnancy at some length as a maternal-fetal vital conflict. Most bioethicists agree that methotrexate and salpingostomy are low-risk, successful interventions for this life-threatening pathology, and are thus beneficent, just, and wholly acceptable. A small cohort of Christian, largely Catholic, bioethicists have reservations about methotrexate and salpingostomy, but cannot resolve their internal disputes about these because of flawed casuistry. This paper aims to settle the issue about whether methotrexate and salpingostomy (...) are acceptable within a Catholic worldview: despite the best arguments in favor of methotrexate as a moral option, it is morally unacceptable, and despite hesitation about salpingostomy related to analogies with previable delivery, it is the optimal procedure for ectopic pregnancy. (shrink)

Do territorial rights include the right to exclude? This claim is often assumed to be true in territorial rights theory. And if this claim is justified, a state may have a prima facie right to unil...

This commentary highlights the observation that social motivation is usually an imprecisely specified construct. We suggest four social motivation conceptualizations across levels of analysis and explore where the target article situates among these. We then offer theoretical and practical guidance for operationalization and measurement of social motivation to support more comprehensive future research on this complex construct in the autism literature.

In “Modern Abstract Sacrifice in Robespierre’s Terror and Hitler’s Holocaust,” I use Hegel’s analysis of Robespierre’s Terror in the Phenomenology and Adorno and Horkheimer’s analysis of the Nazi Holocaust in the Dialectic of Enlightenment to identify what I term “modern abstract sacrifice” as the dominant kind of instrumental destruction that took place during these nation-building mass-sacrifices. As I show, these events relied upon a justificatory instrumental logic—a sacrificial story—even if that sacrificial story broke down or was abandoned in practice, in (...) which case the destruction became indiscriminate rather than targeted. First, I analyze Hegel’s critique of the Reign of Terror, which he sees as a product of the immediate identity of the general will and the individual will: the revolutionaries collapsed the will of all and the will of each, rendering individuality as such logically impossible. As a result, all individuals became objects of suspicion worthy of sacrifice by guillotine, for the sake of guaranteeing the triumph of the state based on reason. Next, I analyze Adorno and Horkheimer’s critique of the fascist sacrifice of the Jewish people using their political-economic and pathological theories of antisemitism. Adorno and Horkheimer see fascist antisemitism as a manifestation of the logic of substitution, operative in both liberal capitalist ideology—in which the Jewish people represent the forces of capital, obsolete pre-modern tradition, and statelessness—as well as fascist ideology—in which the Jewish people represent the metaphysical forces of evil and “negativity as such.” Finally, I assert that the principal commonality between modern abstract sacrifice in the Terror and the Holocaust is the fact that the victims were all reduced to exchangeable representatives of an abstract category, in spite of the fact that their unique identities were indispensable for the ideological justification of these mass-sacrifices. (shrink)

Cara Nine on how to decide where borders should be drawn.

PurposeWeb accessibility is the practice of making web sites accessible to people, such as the disabled, who are using more than just traditional web browsers to access the internet. The purpose of this paper is twofold: to overview web accessibility and to highlight the ethics of web accessibility from a managerial perspective.Design/methodology/approachTo that end, this paper reviews related literature, highlights relevant public policy, discusses web accessibility from a systems development perspective, and concludes with a discussion of web accessibility with respect (...) to different ethical theories.FindingsThe findings take the form of a tutorial that highlights how to address web accessibility projects. The findings also examine web accessibility projects as they relate to well‐known ethical theories. Additionally, the findings also incorporate ethical opinions from web designers who have completed web accessibility projects in the past.Originality/valueThe paper makes several contributions to the existing literatures on web accessibility and ethics. An important contribution is that the paper is the first tutorial on web accessibility that also examines the topic through the lens of ethical theories. In addition to the tutorial, the paper reports on the opinions of web designers who have worked on web accessibility projects in the past. (shrink)

In this paper, I critically examine an important premise in theories of global distributive justice that, despite its widespread influence, has remained largely unexamined. This is the claim that state borders are morally arbitrary with respect to a just distribution of goods. I examine two common arguments for this claim, the argument that state borders are historically unjust and therefore morally arbitrary; and the argument first made by Charles Beitz that the conditions of a fair, hypothetical social contract would not (...) include knowledge of one's location with respect to the distribution of natural resources between state borders. I argue that there are good reasons to reject both arguments. Beitz's immense contribution to international justice can be gauged by the fact that it is difficult to find a contemporary work on global justice that does not reference his arguments in Political Theory and International Relations . Although some authors find Beitz's cosmopolitan theory objectionable, no author has, to my knowledge, criticized Beitz's pivotal arguments that our placement in the distribution of natural resources is morally arbitrary. The aim of this paper is to do just that. (shrink)

This article examines theories of ocean rights based on the works of Hugo Grotius and Samuel von Pufendorf. Grotius's object‐centred view uses features of the natural world to justify claims to external objects. I show that Grotius's view is inadequate, because it relies on an outdated claim that oceanic resources are sufficiently abundant for anybody to use. Further, adaptations of his view are wanting, because they either rely on arbitrary distinctions or disregard the values of cultural minorities. Pufendorf's relational view (...) constructs rights through the exercise of human will. While Pufendorf believes that agreements create rights, he also argues that property rights can be unilaterally acquired from the commons without express consent from others. The relational view is a viable alternative to the object‐centred view, because it both delimits territorial claims over the ocean to a ‘modest’ size and also respects cultural variability. A major aim of this article is to present Pufendorf's theory of territorial rights extended over oceans and to demonstrate how it is useful for assessing contemporary disputes. In the final sections, I apply the relational view to Canadian claims to the Northwest Passage, and I also sketch implications for assessing expanding claims to the seabed. (shrink)

Some time ago, John Perry argued that the content of an indexical belief, that is, a belief expressible with a sentence containing an indexical or demonstrative, cannot be a proposition. I consider several of his arguments for this view, and show that they can be extended to show that belief expressible with other non-indexical expressions such as natural kind terms and proper names presents the very same problem for the traditional picture. I then suggest that if indexical belief has any (...) special status, this is not because it has a special kind of content, but rather because action is impossible if agents do not have indexical belief. (shrink)