This Article contrasts two views of the relationship between the fields of work law and private law. The “internal” view, propounded by Hanoch Dagan, would bring work law into the domain of private law by recentering the latter, including property law, around liberal values of reciprocal respect for autonomy. The “external” view locates the law of work in an overlapping but distinct domain that we might call “social law,” where it operates as a set of externally imposed conditions on the (...) activity of employing others. When workers’ rights and interests come into conflict with those of owner-employers, the two views face off on the constitutional terrain of takings. In principle, the internal view might afford a better defense against takings challenges to laws that constrain property owners’ entitlements in the interest of those who work there, for it would redefine the former to reflect the latter. The external view relies more on takings law than property law to accommodate others’ interests when they conflict with traditional property rights. Unfortunately, the U.S. Supreme Court’s recent decision in Cedar Point Nurseries v. Hassid deals a heavy blow to both views. Its neo-Blackstonian conception of property rights rejects the notion that property law itself recognizes workers’ interests and entrenches that conception of property rights within the constitutional law of takings, sharpening the takings sword against social law’s regulation of property rights in the interest of others, including workers. Cedar Point thus underscores and magnifies the challenges that modern U.S. takings law, with its constitutional definition of property rights, poses to the advancement of workers’ rights, whether those are understood as internal or external to property law. (shrink)

When patients are admitted to the hospital, they are generally expected to remain in or within close proximity to their assigned rooms in order to promote their safety and appropriate medical care. Although there are circumstances when patients may safely leave their hospital room or floor, guidance within the medical literature for the management of patient movement within the hospital are lacking. Excessive restrictions on patient movement may be seen as overly paternalistic, while lax requirements may interfere with high quality (...) care, patient safety and efficient hospital practice. As a result, guidance in the form of institutional policy is warranted. Such policy development should take into consideration the potential clinical, legal, and ethical concerns in balancing the competing values of patients’ preferences and respect for autonomy, while ensuring high quality, safe, and efficacious medical care. This paper will provide a framework for hospitals to create institution-specific patient movement policies that are fair, systematic, and transparent. (shrink)

The contribution of this book to the field of reconciliation is both theoretical and practical, recognizing that good theory guides effective practice and practice is the ground for compelling theory. Using a Girardian hermeneutic as a starting point, a new conceptual Gestalt emerges in these essays, one not fully integrated in a formal way but showing a clear understanding of some of the challenges and possibilities for dealing with the deep divisions, enmity, hatred, and other effects of violence.

BackgroundSocio-cultural perceptions surrounding death have profoundly changed since the 1950s with development of modern intensive care and progress in solid organ transplantation. Despite broad support for organ transplantation, many fundamental concepts and practices including brain death, organ donation after circulatory death, and some antemortem interventions to prepare for transplantation continue to be challenged. Attitudes toward the ethical issues surrounding death and organ donation may influence support for and participation in organ donation but differences between and among diverse populations have not (...) been studied.ObjectivesIn order to clarify attitudes toward brain death, organ donation after circulatory death and antemortem interventions in the context of organ donation, we conducted a scoping review of international English-language quantitative surveys in various populations.Study appraisalA search of literature up to October 2020 was performed, using multiple databases. After screening, 45 studies were found to meet pre-specified inclusion criteria.Results32 studies examined attitudes to brain death, predominantly in healthcare professionals. In most, around 75% of respondents accepted brain death as equivalent to death of the person. Less common perspectives included equating death with irreversible coma and willingness to undertake organ donation even if it caused death. 14 studies examined attitudes to organ donation following circulatory death. Around half of respondents in most studies accepted that death could be confidently diagnosed after only 5 min of cardiorespiratory arrest. The predominant reason was lack of confidence in doctors or diagnostic procedures. Only 6 studies examined attitudes towards antemortem interventions in prospective organ donors. Most respondents supported minimally invasive procedures and only where specific consent was obtained.ConclusionsOur review suggests a considerable proportion of people, including healthcare professionals, have doubts about the medical and ethical validity of modern determinations of death. The prognosis of brain injury was a more common concern in the context of organ donation decision-making than certainty of death. (shrink)

Packed with ideas designed to help children learn to sing, this booklet offers criteria for selecting songs, strategies to bring out the best in children's voices, and suggestions for games, ideas, and resources.

A leading political theorist’s groundbreaking defense of ideal conceptions of justice in political philosophy Throughout the history of political philosophy and politics, there has been continual debate about the roles of idealism versus realism. For contemporary political philosophy, this debate manifests in notions of ideal theory versus nonideal theory. Nonideal thinkers shift their focus from theorizing about full social justice, asking instead which feasible institutional and political changes would make a society more just. Ideal thinkers, on the other hand, question (...) whether full justice is a standard that any society is likely ever to satisfy. And, if social justice is unrealistic, are attempts to understand it without value or importance, and merely utopian? Utopophobia argues against thinking that justice must be realistic, or that understanding justice is only valuable if it can be realized. David Estlund does not offer a particular theory of justice, nor does he assert that justice is indeed unrealizable—only that it could be, and this possibility upsets common ways of proceeding in political thought. Estlund engages critically with important strands in traditional and contemporary political philosophy that assume a sound theory of justice has the overriding, defining task of contributing practical guidance toward greater social justice. Along the way, he counters several tempting perspectives, including the view that inquiry in political philosophy could have significant value only as a guide to practical political action, and that understanding true justice would necessarily have practical value, at least as an ideal arrangement to be approximated. Demonstrating that unrealistic standards of justice can be both sound and valuable to understand, Utopophobia stands as a trenchant defense of ideal theory in political philosophy. (shrink)

Democracy is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Many theories of democracy answer by appealing to the intrinsic value of democratic procedure, leaving aside whether it makes good decisions. In Democratic Authority, David Estlund offers a groundbreaking alternative based on the idea that democratic authority and legitimacy must depend partly on democracy's tendency to make good decisions.Just as with verdicts in jury trials, Estlund argues, the authority and (...) legitimacy of a political decision does not depend on the particular decision being good or correct. But the "epistemic value" of the procedure--the degree to which it can generally be accepted as tending toward a good decision--is nevertheless crucial. Yet if good decisions were all that mattered, one might wonder why those who know best shouldn't simply rule.Estlund's theory--which he calls "epistemic proceduralism"--avoids epistocracy, or the rule of those who know. He argues that while some few people probably do know best, this can be used in political justification only if their expertise is acceptable from all reasonable points of view. If we seek the best epistemic arrangement in this respect, it will be recognizably democratic--with laws and policies actually authorized by the people subject to them. (shrink)

What is introspective know ledge of one’s own intentional states like? This paper aims to make plausible the view that certain cases of self-knowledge, namely the cogito-type ones, are enough like perception to count as cases of quasi-observation. To this end it considers the highly influential arguments developed by Sydney Shoemaker in his recent Royce Lectures. These present the most formidable challenge to the view that certain cases of self-knowledge are quasi-observational and so deserve detailed examination. Shoemaker’s arguments are directed (...) against two models of ordinary perception, the “object perception model” and the “broad perceptual model”. I argue that the core theses that Shoemaker associated with them are either dubious in their own right or applicable to certain cases of self-knowledge. Overall the aim is to show that there is such a variety of patterns in each case that simple analogies or disanalogies are unhelpful. (shrink)

In this interview, Cynthia Hammond sits down with Marc Lafrance in order to discuss the 30-year sketching practice that led to her exhibition, Drawings for a Thicker Skin, in 2012. In this practice, Hammond made small, quick drawings of the clothes she would need for trips or key professional events. As she explains, the drawings were not just essential to knowing what to pack; they were essential to being able to pack. While she never conceived of the practice as (...) art, when invited to exhibit the drawings she found a way to relate this idiosyncratic and private practice to a larger set of ontological concerns. Clothing as a second skin is the key idea here, as Hammond and Lafrance explore what it means to navigate identity, idealized self-image, professional ‘passing’ and the skin ego. (shrink)

:Does social justice lose all application in the condition in which people are morally flawless? The answer, I will argue, is that it does not — justice might still have application. This is one lesson of my broader thesis in this paper, that there is a variety of conditions we would all regard as highly idealistic and unrealistic which are, nevertheless, not beyond justice. The idea of “circumstances of justice” developed especially by Hume and Rawls may seem to point in (...) a more realistic direction, but we can see that this is not so once we distinguish between conditions of need for norms of justice, conditions of their emergence, and conditions of applicability of the standard of justice. Justice, I argue, can have application even in conditions where no mechanism of justice is present or needed, such as the case of internalized motives of justice. (shrink)

Structural injustice is either wrong or not. A deontic view, on which there is no injustice except agents’ wrongdoing, may have trouble reaching such intuitive cases as structural sexism, and especially structural class inequality. An alternative telic approach, on which injustice is bad but not wrong, can reach those cases. But how could injustice in that telic sense warrant resentment or righteous anger, as it seems injustice must? I press the dilemma to scrutinize not only the current idea of structural (...) injustice but also a wider swath of views about justice, and I critically consider possible ways out of it. (shrink)

Cynthia Willett brings together diverse insights from social psychology, classical and contemporary literature, and legal and justice theory to redefine the basis of the moral and legal person. Feminists, communitarians, and postmodern thinkers have made clear that classical liberalism, with its emphasis on individual autonomy and excessive rationalism, is severely limited. Although she is sympathetic with the liberal view, Willett finds it necessary to go further. For her, attention to the social dimensions of the family and civil society is (...) critical if issues of race, gender, class, and sexuality are to be taken seriously. Interdependency, not autonomy, is of increasing significance in an era of globalization. Willett proposes an alternate normative theory that recognizes the impact of social forces on individual well-being. Citizenship in a democracy should not be defined solely on the basis of rights to autonomy, such as bare rights to property or free speech, she explains. Rather, citizenship should be defined first of all in terms of the rights, responsibilities, and capacities of the social person. It is within the African American tradition of political thought that Willett finds a more useful definition of human identity and political freedom. The African American experience offers a compelling vision of social change and a deeper understanding of what it means to be a social person. By focusing on everyday battles against racism, Willett contends, we can gain valuable insight into the meaning of justice. (shrink)

Democracy brings together some of the most sophisticated thinking on democratic theory in one concise volume. Written by experts in the field, these contemporary readings are distinctively philosophical, but will appeal to students in historical, empirical, legal, or policy- oriented disciplines which deal with democratic theory.

By exploring diverse and sometimes positive roles for ignorance, A Defense of Ignorance offers a revisionary approach to epistemology that challenges core assumptions about epistemic values. Townley contributes innovative ways of thinking about the practicalities and politics of knowledge and argues for an expanded domain of responsible epistemic conduct. All social scientists, especially those interested in knowledge and in feminist scholarship, stand to benefit from Townley's arguments.

There is substantial evidence that methylphenidate (MPH; Ritalin), is being used by healthy university students for non-medical motives such as the improvement of concentration, alertness, and academic performance. The scope and potential consequences of the non-medical use of MPH upon healthcare and society bring about many points of view.

I offer replies to critical comments on my book, Utopophobia: On the Limits of Political Philosophy, in four pieces appearing in the same issue of this journal.

Waldron argues that recent treatments of justice have neglected reasonable disagreement about justice itself. So Waldron offers a procedural account of democratic legitimacy, in which contending views of justice can be brought together to arrive at a decision without deciding which one is correct. However, if there is reasonable disagreement about everything, then this includes his preferred account of legitimacy. On the other hand, it is not clear that Waldron is right to count so much disagreement as reasonable. But then (...) Waldron has not undermined the view he opposes in which some prevailing disagreement about justice is held to be unreasonable. (shrink)

In ____Maternal Ethics and Other Slave Moralities__ which includes the first extended philosophical discussion of the works of Frederick Douglass, Cynthia Willett puts forward a novel theory of ethical subjectivity that is aimed to counter prevailing pathologies of sexist, racist Eurocentric culture. Weaving together accounts of the self drawn from African-American and European philosophies, psychoanalysis, slave narratives and sociology, Willett interrogates what Hegel locates as the core of the self: the desire for.

Research in the area of inequality has not been accompanied by the development of inclusive theory. Despite a growing knowledge base, we are lacking a comparably strong understanding of how gender, race, and class operate simultaneously. In part because of specialization within the discipline, sociologists' call for the analysis of gender, race, and class is largely rhetorical. Any effort to remedy these limitations requires a return to fundamental assumptions. Especially important in this regard is that researchers explore mechanisms that produce (...) inequalities and then integrate these insights into a more comprehensive and dynamic theoretical frame. To this end, the author develops and offers a theory of inequality processes based on two central claims: embeddedness and social relations. By reconceptualizing gender, race, and class inequality as a set of embedded processes that exist only in relationship to each other, avenues for development in sociological theory, research, and practice become more apparent. (shrink)

A radical new approach to humor, where traditional targets become its agents Humor is often dismissed as cruel ridicule or harmless fun. But what if laughter is a vital force to channel rage against patriarchy, Islamophobia, mass incarceration? To create moments of empathy and dialogue between #Black Lives Matter and the police? These and other such questions are at the heart of this powerful reassessment of humor. Placing theorists in conversation with comedians, Uproarious offers a full-frontal approach to the very (...) foundation of comedy and its profound political impact. Here Cynthia Willett and Julie Willett address the four major theories of humor—superiority, relief, incongruity, and social play—through the lens of feminist and game-changing comics such as Wanda Sykes, Margaret Cho, Hannah Gadsby, Hari Kondabolu, and Tig Notaro. They take a radical and holistic approach to the understanding of humor, particularly of humor deployed by those from groups long relegated to the margins and propose a powerful new understanding of humor as a force that can engender politically progressive social movements. Drawing on a range of cross-disciplinary sources, from philosophies and histories of humor to the psychology and physiology of laughter to animal studies, Uproarious offers a richer understanding of the political and cathartic potential of humor. (shrink)

Half of the 33.2 million people living with HIV today are women. Yet, responses to the epidemic are not adequately meeting the needs of women. This article critically evaluates how prevention of mother-to-child transmission (PMTCT) programs, the principal framework under which women's health is currently addressed in the global response to AIDS, have tended to focus on the prevention of HIV transmission from HIV-positive women to their infants. This paper concludes that more than ten years after their inception, PMTCT programs (...) still do not successfully ensure the adequate treatment, care and support of HIV-infected women. Of particular concern is the continued widespread use of single-dose nevirapine despite World Health Organization recommendations to employ more effective combination therapies that do not potentially jeopardize women's future treatment outcomes. In response, the article calls for a more comprehensive approach that places women's health needs at the centre of AIDS responses. This is critical in settings where the pandemic is generalized and there is a push to greatly expand PMTCT programs, as a more effective and equitable way of meeting the needs of women in the context of HIV. Without such a comprehensive approach, women will continue to be impacted disproportionately by the pandemic, and current strategies for prevention, including PMTCT, and treatment will not be as effective and responsive as they need to be. (shrink)

Political equality is in tension with political quality, and quality has recently been neglected. My thesis is that proper attention to the quality of democratic procedures and their outcomes requires that we accept substantive inequalities of political input in the interest of increasing input overall. Mainly, I hope to refute political egalitarianism, the view that justice or legitimacy requires substantive political equality, specifically equal availability of power or influence over collective choices that have legal force. I hope to show that (...) political egalitarianism exaggerates individual rights in the conduct of political procedures, and neglects the substantive justice of the decisions made through those procedures. Some unequal distributions of influence may better promote just decisions, and without reliance on any invidious comparisons such as the relative wisdom of the wealthy or the educated. (shrink)

Controversy has recently erupted, at least in a recent story in the Independent, over the question of whether Brown's Philosophy Department has been inappropriately exclusionary of courses in other departments, of diverse philosophical traditions, and of non-white philosophers. These are questions well worth asking, although the article's critical stance requires some scrutiny. It is worth supplementing the article with some information that might help students think about whether they ought to call for changes in the Philosophy Department's policies or practices. (...) As a member of that department, I certainly welcome students' opinions and suggestions on these matters. (shrink)

Presents essays and articles by 17 philosophers and legal scholars on sexuality, the family, and the proper role of the law in these areas. Subjects include the social construction and reconstruction of care, pornography left and right, homosexuality and the constitution, and declining well-being among US children. For students and general readers interested in sexuality, gender, feminism, and the family. Annotation copyright by Book News, Inc., Portland, OR.

This chapter contains section titled: Our Ontological Commitment to Persons Candidates for Persistence Conditions for Persons The Closest Continuer Theory and Its Problems Does the Concept of Identity Apply to Persons? The Multiple Occupancy Thesis Back to Basics: Continuity and Fission A Suggestion.

This volume includes 22 new pieces by leaders in the field on both perennial and emerging topics of keen interest to contemporary political philosophers.

Hampton illumines the overall structure of the Philebus. Taking the interrelations of pleasure, knowledge, and being as the keys to understanding the unity of the dialogue, she focuses on the central point.

Interspecies Ethics explores animals' vast capacity for agency, justice, solidarity, humor, and communication across species. The social bonds diverse animals form provide a remarkable model for communitarian justice and cosmopolitan peace, challenging the human exceptionalism that drives modern moral theory. Situating biosocial ethics firmly within coevolutionary processes, this volume has profound implications for work in social and political thought, contemporary pragmatism, Africana thought, and continental philosophy. Interspecies Ethics develops a communitarian model for multispecies ethics, rebalancing the overemphasis on competition in (...) the original Darwinian paradigm by drawing out and stressing the cooperationist aspects of evolutionary theory through mutual aid. The book's ethical vision offers an alternative to utilitarian, deontological, and virtue ethics, building its argument through rich anecdotes and clear explanations of recent scientific discoveries regarding animals and their agency. Geared toward a general as well as a philosophical audience, the text illuminates a variety of theories and contrasting approaches, tracing the contours of a postmoral ethics. (shrink)

This piece is a response to four essays that critically discuss my book Democratic Authority. In addition to responding to their specific criticisms, it takes up several methodological issues that put some of the critiques in a broader context. Among the issues discussed are “normative consent,” which I offer as a new theory of authority; the “general acceptability requirement,” which advances a broadly Rawlsian approach to political justification; and methodological questions about theory building, including a device I dub the “method (...) of provisional leap.”. (shrink)