Equity in Early Modern Legal Scholarship takes the reader through the vast amount of legal writings on equity that were published in continental Europe in early modern times. The book offers the first comprehensive overview of the development of the legal concept of equity through the sixteenth and seventeenth century. During this time, equity scholarship broke with its medieval past and entered a lively debate on the nature and function of the concept. Lorenzo Maniscalco links these (...) developments to the early modern identification of equity with Aristotelian epieikeia, a conceptual shift that brought down the barrier that divided theological and legal writings on equity and led to its development as a tool for the interpretation and amendment of legal rules. (shrink)

In the present world order unbridled forces of free market capitalism are frequently cited for much of the social injustice, inequity, and disparity of wealth between the rich and the poor. Although history''s verdict in favor of the free markets could hardly be harsher or clearer, it is clear that after the initial wave of triumph, the free market paradigm has developed some cracks in its façade. What marks the trail of such sustained and pronounced move toward free markets (...) in terms of ethics, morality, social welfare and social justice? How does one keep a social score in this seemingly relentless and irreversible move all over the world toward free market capitalism?In this paper we shall attempt to address these and related questions. Drawing on concepts from organization theory and social philosophy and using publicly available financial information, we shall illustrate how, amidst the myriad and mixed noises, some sense of order and signal can be discerned in addressing issues of equity and social justice. Toward this end, first, we provide a broad contrast between two models of financial markets: the command model and the free market model and proceed to examine publicly available financial information and analyze the trends and patterns with graphical representations using publicly available data from Handbook of International Economic Statistics. Next, we explore the implications of financial performance measures for social welfare and social justice and discuss the social perils of free markets using the Mexican and Asian Financial crises as the focal points. Finally, we present a set of recommendations for smoother structural transition. (shrink)

Recent calls to address racism in bioethics reflect a sense of urgency to mitigate the lethal effects of a lack of action. While the field was catalyzed largely in response to pivotal events deeply rooted in racism and other structures of oppression embedded in research and health care, it has failed to center racial justice in its scholarship, pedagogy, advocacy, and practice, and neglected to integrate anti-racism as a central consideration. Academic bioethics programs play a key role in determining the (...) field’s norms and practices, including methodologies, funding priorities, and professional networks that bear on equity, inclusion, and epistemic justice. This article describes recommendations from the Racial Equity, Diversity, and Inclusion (REDI) Task Force commissioned by the Association of Bioethics Program Directors to prioritize and strengthen anti-racist practices in bioethics programmatic endeavors and to evaluate and develop specific goals to advance REDI. (shrink)

There is much discourse and focus on the social determinants of health, but undergirding these multiple intersecting and interacting determinants are legal and political determinants that have operated at every level and impact the entire life continuum. The United States has long grappled with advancing health equity via public law and policy. Seventy years after the country was founded, lawmakers finally succeeded in passing the first comprehensive and inclusive law aimed at tackling the social determinants of health, but that (...) effort was short-lived. Today the United States is faced with another fork in the road relative to the advancement of health equity. This article draws on lessons from history and law to argue that researchers, providers, payers, lawmakers and the legal community have a moral, economic and national security imperative to address not only the negative outcomes of health disparities, but also the imbalance of inputs resulting from laws and policies which fail to employ an equity lens. (shrink)

Much innovation has taken place in the development of medical schools and licensure exam processes across the African continent. Still, little attention has been paid to education that enables the multidisciplinary, critical thinking needed to understand and help shape the larger social systems in which health care is delivered. Although more than half of medical schools in Canada, the United Kingdom, and the United States offer at least one medical humanities course, this is less common in Africa. We report on (...) the “liberal arts approach” to medical curricula undertaken by the University of Global Health Equity beginning in 2019. The first six-month semester of the curriculum, called Foundations in Social Medicine, includes courses in critical thinking and communication, African history and global political economy, medical anthropology and social medicine, psychology and health, gender and social justice, information technology and health, and community-based training. Additionally, an inquiry-based pedagogy with relatively small classes is featured within an overall institutional culture that emphasizes health equity. We identify key competencies for physicians interested in pursuing global health equity and how such competencies relate to liberal arts integration into the African medical school curriculum and pedagogical approach. We conclude with a call for a research agenda that can better evaluate the impact of such innovations on physicians’ education and subsequent practices. (shrink)

The paper aims to analyze the scope of female leadership (deanship) at public and non-public law faculties in selected countries from the region of Central and Eastern Europe: Poland, Hungary, Czechia, Slovakia, Lithuania, Latvia, Estonia, Bulgaria, Romania, Slovenia, Croatia, Serbia, Kosovo, Bosnia and Hercegovina, Montenegro. The paper will explore the engagement of women in the administration of law schools operating within public (and non-public) schools (universities) across the region in the latest years. The paper aims to show the number of (...) female deanships at law faculties in the analyzed states. This analysis will be based on statistical data obtained from the available public sources (including national databases as well as the European Union resources) providing the number of female deans and vice-deans appointed or elected by the academia at all higher education institutions within the country. The initial hypothesis states that gender inequality has been present in the deanship of analyzed law schools and reflects general trends in gender equality in Europe. Comprehensive analysis of the central and eastern European states will allow formulating the key conclusions and answering the following research questions concerning the differences in the numbers of women on the key positions within the law faculties in terms of public versus non-public institutions and in the light of the general gender equality trends in the continent. The research methods used for the analysis include a dogmatic method, statistical method as well as comparative method. (shrink)

The Covid-19 pandemic elevated global attention to the complex problem of allocating and disseminating newly approved vaccines. Following early calls for vaccine equity,1 global health leaders made progress but struggled to fully realize distribution goals.2 With respect to vaccination rates, low and middle income countries have not achieved full parity with high income countries.3 In this issue, Harmon, Kholina, and Graham follow longstanding critiques of market-based vaccine procurement to propose “legal and practical solutions for realizing a new access to (...) vaccines environment”4 that will, they suggest, further the goal of global health justice. (shrink)

First published in 1985, the _Handbook for Achieving Gender Equity Through Education_ quickly established itself as the essential reference work concerning gender equity in education. This new, expanded edition provides a 20-year retrospective of the field, one that has the great advantage of documenting U.S. national data on the gains and losses in the efforts to advance gender equality through policies such as Title IX, the landmark federal law prohibiting sex discrimination in education, equity programs and research. (...) Key features include:_ Expertise_ – Like its predecessor, over 200 expert authors and reviewers provide accurate, consensus, research-based information on the nature of gender equity challenges and what is needed to meet them at all levels of education._ Content Area Focus_ – The analysis of gender equity within specific curriculum areas has been expanded from 6 to 10 chapters including mathematics, science, and engineering._ Global/Diversity Focus_ – Global gender equity is addressed in a separate chapter as well as in numerous other chapters. The expanded section on gender equity strategies for diverse populations contains seven chapters on African Americans, Latina/os, Asian and Pacific Island Americans, American Indians, gifted students, students with disabilities, and lesbian, gay, bisexual, and transgender students. _ Action Oriented_ – All chapters contain practical recommendations for making education activities and outcomes more gender equitable. A final chapter consolidates individual chapter recommendations for educators, policymakers, and researchers to achieve gender equity in and through education._ New Material_ – Expanded from 25 to 31 chapters, this new edition includes: *more emphasis on male gender equity and on sexuality issues; *special within population gender equity challenges ; *coeducation and single sex education; *increased use of rigorous research strategies such as meta-analysis showing more sex similarities and fewer sex differences and of evaluations of implementation programs; *technology and gender equity is now treated in three chapters; *women’s and gender studies; *communication skills relating to English, bilingual, and foreign language learning; and *history and implementation of Title IX and other federal and state policies. Since there is so much misleading information about gender equity and education, this _Handbook_ will be essential for anyone who wants accurate, research-based information on controversial gender equity issues—journalists, policy makers, teachers, Title IX coordinators, equity trainers, women’s and gender study faculty, students, and parents. (shrink)

Linguistic equity through an interpreter is not merely a fundamental human right but also an integral part of procedural justice. As codified in the professional code of conduct, interpreters should faithfully interpret everything that has been said in the exact same manner as the original speakers. Much has been researched about the content. Little has been known about the interpretations of the manner. Drawing on one hundred questionnaire responses, this article examines the interpreters’ awareness of the manner of speech (...) in Australian virtual courts and remote interpreting settings. The results suggest a general lack of understanding of the manner of speech, as reflected by interpreters’ inadequate knowledge of definitions and specific types of manner-related features. Furthermore, the insufficient understanding of the manner of speech impacts the interpreters’ perceptions of the manner of speech in the original utterances, and their views of the faithful reproduction of the se feature in courtroom discursive practices. The qualitative and quantitative analyses of written responses provided by professional interpreters provide insights into the practical aspects of reproducing the manner of speech in court. (shrink)

In their article on the limited duty to reinterpret genetic variants, Watts and Newson argue that clinical labs are not morally obligated to conduct routine reinterpretation despite its potential clinical and personal value.1 We endorse the authors’ argument for a circumscribed duty to reclassify genomic variants in certain cases, including to promote diagnostic equity for racial and ethnic minority populations that have been historically excluded from and exploited by genomic research and medicine. However, given the history and resilience (...) of scientific racism, the use of socially constructed racial and ethnic categories to enhance diagnostic equity raises several ethical and practical challenges. In the short term, using socially constructed racial and ethnic categories to identify patients for variant reclassification is a practical approach for addressing concerns of diagnostic equity. In contrast, diagnostic accuracy depends on patients’ genetic similarity to reference genomes, rather than their socially determined race or ethnicity.2 Thus, in the long term, securing both diagnostic equity and diagnostic accuracy through targeted variant reclassification will require a shift away from relying on race and ethnicity and towards assessing genetic similarity. Critically, the identification of patients for genomic variant reclassification using socially constructed race or ethnicity runs the risk of perpetuating the harmful …. (shrink)

We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when gender (...) equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design. (shrink)

Cultural historians and historians of medicine are a rarity in bioethics. Even those who write histories of bioethics are philosophers, sociologists, or theologians. Where have all the historians gone? If bioethics is to contribute to the urgent work of addressing social justice, structural racism, and health inequity, we bioethicists need to embrace history as a fully constituent part of our field. Historians can help us apprehend the ideas that shaped bioethics, and health policy more broadly, and discover the dissenting (...) arguments that might inspire us now. Given our annus horribilis, history has become an instrumental necessity. It is only through the study of history that we can understand the past so as to reimagine how bioethics can influence health policy and work toward health equity. (shrink)

The promise of genomic medicine lies in the opportunity to improve health outcomes via a personalized approach to management, grounded in genetic and genomic variation unique to an individual. However, disparities and inequities mar this remarkable landscape of genomic innovation. Prior efforts to understand these inequities have focused on populations for which genetic testing is relatively protocolized or where test utility varies greatly by ancestry groups, where equitable outcomes are more clearly defined. We therefore consider the current landscape of rare (...) disease genomics, in which diagnostic approaches vary widely and utility remains to be fully understood, and suggest a path forward: how ecosocial theory may be used to guide novel equity‐focused initiatives that incorporate illness narratives to improve population health. We present examples of narrative medicine in rare disease and reimagine the role this discipline may play in genomic sequencing studies, toward incorporation of the unique illness narrative into clinical genetics and genomics practice. Approaches that broaden the definitions of disease and of outcomes of interest will force the field to grapple with its racist history and begin to advance health equity and promote justice so that genomic medicine may truly deliver on its promise. (shrink)

(2013). Hobbes's Account of Distributive Justice as Equity. British Journal for the History of Philosophy: Vol. 21, No. 1, pp. 13-33. doi: 10.1080/09608788.2012.689749.

Justice as Welfare links equality, justice and welfare at the philosophical level, to propose an egalitarian view of social justice.

The practical consequence of such a methodological stance is that it forces the scholar of NPOs who is unsympathetic to the homo oeconomicus model to work ...

This paper deploys historical analysis, conceptual analysis and critical reflection to examine the history of ethnicised politics in Kenya and its negative impact on the management of the country’s public affairs. It sets out with a conceptualisation of ‘ethnicised politics’. It then traces the growth of ethnicised politics in Kenya from the dawn of British colonialism to the present. Thereafter, it reflects on the five-pronged negative impact of ethnicised politics on the country, namely, the gross disparities in economic development (...) along ethno-regional lines, the disproportionately limited economic opportunities for ethnic minorities, the stunting of the growth of issue-based politics, the stoking of violent inter-ethnic conflicts, and the vulnerability of highly urbanised persons and/or those born out of mixed marriages with no strong ethnic loyalties. It concludes that contrary to the widely-held view that Kenyans ought to abandon their ethnic identities in pursuit of ‘nation-building’, respect for the right to cultural identity and the promotion of inter-ethnic equity would make political mobilisation along ethnic lines less attractive. (shrink)

Conscience rests within the heart of equity, yet it is a manifestly nebulous and contradictory concept. In particular, equity has never been clear about exactly whose conscience we are concerned with: the Chancellor or judge, or the court, or the defendant? Furthermore, in some lights conscience appears to compel obedience to the authority of law, whilst in others it gives expression to ethical drives that escape the formal strictures of legal rules. Contextualised within the broader history of (...) ideas of Western modernity, this article sets out to understand the rhetorical significance of conscience in equity, making the argument that its disparate and contradictory modes of expression do not undermine its significance, and instead are essential to its construction of juridical obligations. By invoking conscience as a contradictory expression of both vertical state authority and personal ethical autonomy, equity asserts not only a unique normative structure, but also a distinct mode of power. (shrink)

In this paper I explore Aristotle’s idea of epikeia, or equity, in relation to the contemporary abortion debate. Equity is the rule of justice that insists we gobeyond the letter of the law in those cases in which following it would be harmful. One consequence of this is that we do not need to create exceptionless laws,since laws can admit exceptions for the sake of a higher good. I argue that this arrangement appears to be a reasonable way (...) to move the abortion debate forward, since the common good would mandate the prohibition of most abortions, but applications of equity would protect access to abortion for those considered most in need. In the end, though, despite this reasonableness, its usefulness for reforming abortion law is limited due to the current hostility of the American legislature to natural law as a higher form of justice. (shrink)

How to engage farmers that have limited formal education is at the foundation of environmentally-sound and equitable agricultural development. Yet there are few examples of curricula that support the co-development of knowledge with farmers. While transdisciplinary and participatory techniques are considered key components of agroecology, how to do so is rarely specified and few materials are available, especially those relevant to smallholder farmers with limited formal education in Sub-Saharan Africa. The few training materials that exist provide appropriate methods, such as (...) compost making, but do not explain relationships and synergies between nutrition, social inequalities, climate change and agroecology. Some food sovereignty and agroecology courses aim at popular political education for those with more formal education. Here we describe the process of development of an innovative curriculum, which integrates agroecology, nutrition, climate change, gender and other dimensions of social equity across 2 weeks of training explicitly for smallholders in southern Africa with limited formal education. The curriculum is highly participatory; we use concepts in popular education, transformative and experiential-based learning, and theatre. It is also integrative; we link agroecology with climate change, human and soil nutrition, gender, and related components of social equity. Developed in partnership with Malawian farmers, community development experts and academics from five countries, the curriculum was piloted with 520 smallholder farming households in Malawi and Tanzania, and evaluated using qualitative techniques. Clashes of language, cultural norms, and terminology were as great of a challenge as agreeing on and conveying technical information, to weave into a coherent whole. However, farmers who participated in the curriculum training demonstrated high interest, comprehension of material and interest in immediate application to their lives. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Lord Nottingham and the Conscience of EquityDennis R. KlinckI. Introduction"There is nothing more in our Mouths than Conscience," wrote John Sharp in the 1680s, echoing a sentiment that had been expressed before in the seventeenth century.1 Indeed, one modern writer has observed, uncontroversially, that that century "can justly be called the Age of Conscience."2 Among the foci of this preoccupation one can identify such topics as moral and religious (...) casuistry and "liberty of conscience." My focus in this paper is somewhat different: conscience as a criterion of judgment in the Court of Chancery—the court of equity—and particularly its meaning for Heneage Finch, Lord Nottingham, successively Lord Keeper and Lord Chancellor from 1673 to 1682, a seminal figure in the history of English equity.The intimate connection of conscience with the equitable jurisdiction [End Page 123] is a commonplace,3 and certain aspects of it have been quite thoroughly studied.4 A central problem that has been identified with resort to conscience as a criterion of legal judgment is its subjective and hence ostensibly arbitrary nature. This concern goes back a long way. Thomas Audley, in 1526, argued that conscience was an uncertain ground of law because "it depended upon the 'arbitrament' of one man, the chancellor alone."5 The author of The Replication of a Serjeant at the Laws of England similarly raised the complaint of "divers men, divers conscience."6 No doubt the most remembered comment of this sort is John Selden's that the spaciousness of chancellors' consciences might vary as much as the length of their respective feet, so that equitable adjudication on the basis of conscience was "a roguish thing."7 Nottingham himself balked at the idea that justice might be dispensed according to the kind of conscience that amounted only to "the pleasure of a Court which took upon itself to be purely arbitrary."8Indeed, as the father of systematic equity,9 Nottingham apparently devoted himself to the project, undertaken in some measure by certain of his predecessors,10 of making the jurisdiction regular. He repeatedly makes this [End Page 124] point. In the case just cited, he observes that "equity itself would cease to be Justice if the rules and measures of it were not certain and known" and that "conscience" has to be "dispensed by the rules of science" (639). "Rules," "measures," and "science" are by-words of his preoccupation. Elsewhere, he asserts that "if equity be tied to no rule... everything becomes arbitrary."11At the same time, he did not abandon conscience as a kind of touchstone of equity. He refers to it repeatedly, and often speaks of Chancery as a "court of conscience,"12 as if this was a perfectly natural way of describing it. So the question becomes: how did he reconcile the tendency towards arbitrariness thought to be implicit in "conscience" with the ruled, measured, scientific system that he sought to develop? Or putting the question slightly differently: how did he understand or limit the notion of "conscience" so as to make it compatible with the "regular equity" to which he aspired?What appears to have been a crucial distinction for Nottingham in this regard was that between private conscience and public, or perhaps civic, conscience. In the Prolegomena, he says that "there is a twofold conscience, viz. conscientia politica et civilis, et conscientia naturalis et interna" and that "[m]any things are against inward and natural conscience, which cannot be reformed by the regular and political administration of equity" (194). He makes the point again in "the great case" of Cook v. Fountain: "With such a conscience which is only naturalis et interna this Court hath nothing to do; the conscience by which I am to proceed is merely civilis et politica, and tied to certain measures...."13 As Yale points out, this distinction was not new with Nottingham. The distinction between the forum internum and the forum externum was venerable;14 an anonymous Elizabethan case distinguishes between matters of conscience in which equity will intervene and those that must be left to the party's own moral judgment;15 Francis Bacon recognized, at least as alternatives, a party... (shrink)

Social and cultural difference. "Only historicize": history, material culture (food, clothes, books), and the future of Dante studies -- Dante's sympathy for the other, or the non-stereotyping imagination: sexual and racialized others in the Commedia -- Contemporaries who found heterodoxy in Dante: Cecco d'Ascoli, Boccaccio, and Benvenuto da Imola on Fortuna and Inferno 7.89 -- Dante's limbo and equity of access: non-Christians, children, and criteria of inclusion and exclusion, form Inferno 4 to Paradiso 32 -- Metaphysical difference. Toward (...) a Dantean theology of eros: form Dante's lyrics to the Paradiso -- Amicus eius: Dante and the semantics of friendship -- Paradiso and the mimesis of ideas: realism versus reality -- Dante squares the circle: textual and philosophical affinities of Monarchia and Paradiso (Solutio distinctiva in Mon. 3.4.17 and Par. 4.94-114) -- Difference as punishment or difference as pleasure: from the tower of Babel in De vulgari eloquentia to the death of Babel in Paradiso 26 -- Aristotelian disruptions 1: wealth and society. Aristotle's Mezzo, courtly Misura, and Dante's Canzone "Le doci rime": humanism, ethics, and social anxiety -- Dante and wealth, between Aristotle and Cortesia: from the moral Canzoni "Le dolci rime" and "Poscia ch'amor" through Convivio to Inferno 6 and 7 -- Aristotelian disruptions 2: love and compulsion. Archeology of the Donna Gentile: the importance of disconversion in conversion narratives -- Dante and Cecco d'Ascoli on love and compulsion: the epistle to Cino, "Io sono stato," the third heaven -- "Voi che 'ntendendo il terzo ciel movete," a dramatization of "utrum de passione in passionem possit anima transformari": conflict, compulsion, consent, conversion -- Critical philology and Italian cultural history. The case of the lost original ending of Dante's Vita nuova: more notes toward a critical philology -- Critical philology and Dante's Rime. (shrink)

American Indian/Alaska Native (AI/AN) populations in the United States continue to experience overall health inequity, despite significant improvement in health status for nearly all other racial‐ethnic groups over the past 30 years. Nurses comprise the bulk of healthcare providers in the U.S. and are in an optimal position to improve AI/AN health by transforming both nursing education and practice. This potential is dependent, however, on nurses’ ability to recognize the distinct historical and political conditions through which AI/AN health inequities have (...) been produced and sustained. Nurse providers, educators, and leaders must in turn recognize how the sustained conditions of marginalization and expropriation that underpin current AI/AN health inequities continue to shape contemporary AI/AN health outcomes. This manuscript builds upon the extant literature of AI/AN historical health policy and utilizes decolonial theorizations of nursing and a cultural safety framework to propose a series of immediately actionable steps for nursing intervention into AI/AN health inequity. Ultimately, we suggest that it is crucial for nurses to collaborate with AI/AN individuals and communities across educational and clinical settings to further refine these approaches in alignment with the disciplinary obligation of promoting social justice within healthcare. (shrink)

The Durban Platform for Enhanced Action was adopted at the 2011 United Nations Framework Convention on Climate Change Conference (UNFCCC) in South Africa and one of the key achievements of the 2011 UN Conference was the agreement on and the launch of the Green Climate Fund. As the international community prepares for the 2012 UNFCC talks to start in Qatar in November-December 2012, the past history of global environmental and climate change financing issues as well as the role of (...) finance and investment in addressing global climate change will be examined in this article using the Green Climate Fund as a case study. While it is hard to be optimistic about the current international geo-political context and the policy success of the Durban Platform for Enhanced Action, the Green Climate Fund does represent a real opportunity to move forward on global climate governance and bring real economic and technological dividends to the developing world. (shrink)

This book examines Pater's deep engagement with Platonism throughout this career. Using the interdisciplinary critical tools of Pater's own educational milieu which combined literature, philosophy, and classics, The Platonism of Walter Pater repositions the importance Pater's contribution to literature and the history of ideas.

This book analyses the state of development of Muslims at the regional level. It explains the linkages between the findings of global, national, and state-level studies with regard to the current status of Muslims and broadens understanding of Muslims and their participation in virtually all major sectors, including the economy, housing, demography, health, migration, state policy, and affirmative action. The book presents the challenges faced by the community and reflects upon the socio-economic and educational conditions of Muslims in Telangana State. (...) It presents a comparative analysis of mortality data, maternal health, delivery care, and child immunization, as well as reproductive health aspects and children’s nutritional status. It shares valuable insights into the impacts of emigration and internal migration on health among local Muslims and presents a detailed analysis of data from the Census of India, NSSO, and Commission of Inquiry on Socio-Economic and Educational Status of Muslims regarding the social, economic, and demographic situation of Muslims in Telangana, as well as their opportunities for development under the newly formed state government. The book would be of great interest to scholars and researchers in development economics, sociology, politics, history, cultural studies, minority studies, Islamic studies, and policy studies, as well as policymakers, civil society activists, and those working in media and journalism. (shrink)

In Badges and Incidents, Michael J. Kaufman undertakes an interdisciplinary investigation of American education law and pedagogy. By weaving together the invaluable insights of law, education, history, political science, economics, psychology, and neuroscience, this book illuminates the ways in which the design of the American educational system does not reflect how human beings live and learn. It examines the principles of the nation's Founders and demonstrates how a distorted presentation of the Founders' views curtailed the development of a truly (...) democratic educational system. The influence of this distortion on several critical Supreme Court decisions is exposed, and these decisions have largely failed to facilitate the educational system the Founders envisioned. By placing contemporary challenges in context and endorsing social constructivist pedagogy as the best path forward, Kaufman's study will prove invaluable to advocates of equity in education, helping them navigate a contentious political climate with an eye toward future reform efforts. (shrink)

In this study, we explored how high school students’ participation in a local history research project about a historically Black cemetery in the Southeast United States contributed to their demonstration of historical empathy. Major findings show that students displayed historical empathy in research activities that occur beyond the traditional classroom through their examination of perspectives concerning representations of race and diversity in the social studies curriculum, the historical contexts about the impact of enslavement and Jim Crow segregation in their (...) community, and affective connections they made to their identities as citizens. We recommend that future studies focus on how social studies teachers, community organizations, and other educational providers can collaborate to promote historical empathy in and outside of schools with equity frameworks and curricular initiatives such as the National Council for the Social Studies College, Career, and Civic Life (C3) Framework. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.4 (2001) 577-592 [Access article in PDF] Eclecticism and the History of Ideas Donald R. Kelley "What we call the history of ideas," Joseph Mazzeo wrote in in 1972, "itself has a history." 1 In this country the history of ideas in the past century has been associated with the American philosopher and founder of this journal, Arthur (...) O. Lovejoy, and his epigones and critics. However, this field has an earlier history sub literam, going back almost two centuries, and a still deeper prehistory before the coinage of the phrase, traceable at least indirectly back to antiquity. The purpose of this essay is to trace some aspects of one intellectual tradition out of which the history of ideas has, knowingly or not, emerged.In 1829 Victor Cousin gave a diagnosis of and his prescription for philosophy in the wake of one revolution and on the threshold of another. He saw just three possibilities: either it could renounce its independence and submit again to authority, it could keep on retracing the circle of obsolescent systems, or--and this was his solution--it could "disengage what is true in each of these systems, and thus construct a philosophy superior to all systems [and] shall be neither this or that philosophy in its essence and in its unity." This procedure, "to select in all what appears to be true and good, and consequently everlasting,--this, in a single word, is ECLECTICISM." Moreover, Cousin added, "[i]f this philosophy is to be Eclectic, it must also be sustained by the history of philosophy."How had Cousin come upon this program? In December 1815, in the first year of both the Restoration Monarchy and his teaching at the École Normale Supérieure, he was lecturing on the history of philosophy. In post-revolutionary France this was a field in great disarray, and Cousin looked back to the great schools of the earlier generation, noting three in particular--the French, the [End Page 577] Scottish, and the German traditions, represented respectively by Condillac, Reid, and Kant. "It would be an interesting and instructive study," he told his enthusiastic young students, "to examine the weaknesses of these schools by engaging one with another and by selecting their various merits in the context of a great eclecticism which would contain and surpass all three." 2Over the next three decades this doctrine was publicized and extended by Cousin's many scholarly publications, by the still more famous lectures he gave after returning to his chair of philosophy in 1828, by his many international contacts and disciples, and by his later public career as minister of education. 3 For half a century before his death in 1867 Cousin had an unparalleled intellectual influence as virtually the "official philosopher" in France, with Eclecticism being widely regarded as a "state philosophy," 4 and translations of his works extending his renown into other parts of Europe and this country. In defending his achievements and hegemonic position Cousin claimed an absolute originality and a unique truth-value for his ideas. Eclecticism had not been drawn from German sources, he protested in 1855. "It was born spontaneously in our own spirit [notre esprit] from the spectacle of the resounding conflicts and the hidden harmonies of the three great philosophical schools of the eighteenth century," he declared. "Thus," he concluded, "eclecticism is a French doctrine and peculiar to us." 5Historically speaking, however, nothing could be further from the truth--or indeed further from the premises of the earlier eclectic tradition on which Cousin knowingly drew. The defining characteristic of his philosophy was its dependence not only on the three schools he recognized in his early years of teaching but on the whole history of philosophy from its Greek and especially Platonic beginnings, to which Cousin himself devoted much of his historical and philological [End Page 578] scholarship. That Eclecticism was a sort of higher plagiarism was admitted by Cousin himself: "What I recommend," Cousin said in 1817, "is an enlightened eclecticism which, judging with equity, and even with benevolence... (shrink)

This manuscript explores the argument for lower student-to-school counselor ratios in U.S. public education. Drawing upon a comprehensive historical review and existing research, we establish the integral role of school counselors and the notable benefits of reduced student-to-counselor ratios. Our analysis of national data exposes marked disparities across states and districts, with the most underfunded often serving higher percentages of low-income students and students of color. This situation raises significant ethical concerns, prompting a call for conscientious policy reform and targeted (...) investment. Informed by emerging best practices, we propose recommendations for enhancing counselor staffing and ultimately student outcomes. This ethical argument underscores the need for proactive actions and provides a basis for future research to further delineate the impact of school counselor ratios on educational equity and student success. (shrink)

By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of (...) sovereignty, religion, political legitimacy, the nature of law, equity and judicial interpretation. The analysis also encompasses ideas of authority which influenced the development of courts, remedies and jurisdictions, international aspects of legal authority when questions of foreign law or jurisdiction arose in British courts, the wider authority of systems of legal ideas such as natural law, the authority of legal treatises, and the relationship between history, law and legal thought. (shrink)

This comprehensive historical exploration investigates the intricate relationship between religion and the evolution of civil laws. Throughout human history, the interplay between religious beliefs and legal systems has profoundly shaped societies and governance structures. From ancient civilizations to the modern era, religious authorities and teachings have acted as catalysts in shaping civil laws, often with the goal of promoting social justice. This article embarks on a journey through time, unraveling the multifaceted connections between religion and the development of legal (...) frameworks. In numerous societies, religious doctrines formed the cornerstone of civil laws and regulations. The majority of civilizations witnessed priests assuming pivotal roles as lawmakers, effectively coupling civil laws and religious practices. By examining various historical civilizations, this study illustrates how religious norms and practices were intertwined with legal codes, revealing instances where religious teachings played a crucial role in promoting adherence to laws. The transition to modern times witnessed the emergence of alternative means for law enforcement, yet religion’s role persisted as an internal driving force for fostering law-abiding behavior. Drawing from examples such as the Code of Hammurabi, Islamic legal traditions, and the Roman Twelve Tables, this article showcases historical instances where religious values contributed to legal principles centered around equity, justice, and morality. Additionally, the study explores how religion’s influence shifted over time, from early religious leaders acting as legislators to the establishment of more secular legal systems. (shrink)

This book prioritizes integrating social justice into student affairs by discussing professional identity, standards, and competencies throughout each chapter. Infusing historical context, philosophical foundations, elements of ethical decision-making, service and experiential learning, and leadership models takes practice and requires intentionality. Chapter One of this text will address in more detail the history of student affairs from an equity and justice perspective. Chapter Two introduces the ethic of care and social justice. Chapter Three discusses the philosophical and practical applications (...) of experiential learning. Chapter Four covers the role of values and ethics in decision-making for student affairs educators. Lastly, Chapter Five reflects on the foundations of our field while turning our attention to the future. (shrink)

Founded on a commitment to social justice and health equity, community health centers in the United States provide high‐quality primary care to underserved populations and address social drivers of health disparities. Through an examination of two books on the history of community health centers, Peace & Health: How a Group of Small‐Town Activists and College Students Set Out to Change Healthcare, by Charles Barber, and Community Health Centers: A Movement and the People Who Made It Happen, by Bonnie (...) Lefkowitz, this essay provides insight into what it takes to center social justice in community‐based health care organizations. As bioethics reorganizes itself around an emphasis on justice, scholars in bioethics have much to learn from colleagues in community health. (shrink)

The nursing profession has a long history of advocating for social justice and health equity, and both values profoundly infuse nursing ethics, theory, and education. Homecare nursing occurs between the patient's daily life at home and the public health care system. Therefore, homecare nurses ideally possess insight into the living conditions and social determinants of health that their patients experience. This interpretive phenomenological study explores the strategies employed by homecare nurses to fight health inequity and advance social justice. (...) Data were collected through participant observations, situational interviews, and small group interviews with 12 homecare nurses from two municipalities. Three analytical approaches were used: paradigm cases, exemplars, and thematic analysis. The data identified two primary strategies homecare nurses use to circumvent, solve, and mitigate the negative consequences of social determinants of health on patients' care and treatment: “Negotiating practice” and “Aligning practice.” “Negotiating practice” ensures that care and treatment are delivered in a way acceptable to all involved. “Aligning practice” ensures cohesion, progression in the treatment and care trajectory, and support for patients and relatives in navigating the system. Both strategies are part of nurses' largely hidden work, reflecting the nursing profession's position as nested between the individual patient and the system. (shrink)

I am pleased to introduce this Symposium Edition of The Journal of Law, Medicine & Ethics, which covers a wide variety of issues central to transgender health equity, including Dr. Jamison Green’s recent history of the impact of health policy on transgender communities, Dr. M. Killian Kinney, Ms. Taylor Pearson, and Prof. Julie Ralston Aoki’s transgender equity tool for legal policy analysis, and Prof. Elizabeth Kukura’s analysis of issues facing transgender, non-binary, and gender expansive people during pregnancy (...) and childbirth. (shrink)

The history of the documentation of health inequality is long. The way in which health inequality has customarily been documented is by comparing differences in the average health across groups, for example, by sex or gender, income, education, occupation, or geographic region. In the controversial World Health Report 2000, researchers at the World Health Organization criticized this traditional practice and proposed to measure health inequality across individuals irrespective of individuals’ group affiliation. They defended its proposal on the moral grounds (...) without clear explanation. In this paper I ask: is health inequality across individuals of moral concern, and, if so, why? Clarification of these questions is crucial for meaningful interpretation of health inequality measured across individuals. Only if there was something morally problematic in health inequality across individuals, its reduction would be good news. Specifically, in this paper I provide three arguments for the moral significance of health inequality across individuals: (a) health is special, (b) health equity plays an important and unique role in the general pursuit of justice, and (c) health inequality is an indicator of general injustice in society. I then discuss three key questions to examine the validity of these arguments: (i) how special is health?, (ii) how good is health as an indicator?, and (iii) what do we mean by injustice? I conclude that health inequality across individuals is of moral interest with the arguments (b) and (c). (shrink)

The history of U.S. women scientists’ organizations from the 19th century until the 1960s reflects both women’s relative powerlessness within the science community and their reluctance to challenge discrimination against them. Since the 1960s, feminist activism, together with the increase in the number of women trained in science, have made discrimination against women in science more obvious and less tolerable. The founding of the first explicitly equity-seeking organization, the Association of Women in Science (AWIS), in 1971 is a (...) watershed. Today, women scientists are willing to band together so long as the promises of meritocracy remain unfulfilled. (shrink)

It is widely assumed that science is the enemy of religious faith. The idea is so pervasive that entire industries of religious apologetics converge around the challenge of Darwin, evolution, and the "secular worldview." This book challenges such assumptions by proposing a different cause of unbelief in the West: the Christian conscience. Tracing a history of doubt and unbelief from the Reformation to the age of Darwin and Karl Marx, Dominic Erdozain argues that the most powerful solvents of religious (...) orthodoxy have been concepts of moral equity and personal freedom generated by Christianity itself. Revealing links between the radical Reformation and early modern philosophers such as Baruch Spinoza and Pierre Bayle, Erdozain demonstrates that the dynamism of the Enlightenment, including the very concept of "natural reason" espoused by philosophers such as Voltaire, was rooted in Christian ethics and spirituality. The final chapters explore similar themes in the era of Darwin and Marx, showing how moral revolt preceded and transcended the challenges of evolution and "scientific materialism" in the unseating of religious belief. The picture that emerges is not of a secular challenge to religious faith, but a series of theological insurrections against divisive accounts of Christian orthodoxy. (shrink)

The paper begins with a brief analysis of the concepts of environmental justice and environmental racism and classism. The authors argue that pollution- and environment-related decision-making is prima facie wrong whenever it results in inequitable treatment of individuals on the basis of race or socio-economic status. The essay next surveys the history of the doctrine of free informed consent and argues that the consent of those affected is necessary for ensuring the fairness of decision-making for siting hazardous facilities. The (...) paper also points out that equal opportunity to environmental protection and free informed consent are important rights. Finally, it presents a case study on the proposed uranium enrichment facility near Homer, Louisiana and argues that siting the plant would violate norms of distributive equity and free informed consent. It concludes that siting the facility is a case of environmental injustice and likely an example of environmental racism or classism. (shrink)

This article examines the means by which Malaysian governments have been relatively successful in pursuing both economic development and social equity. These advances have been remarkable, given Malaysia's history of colonial servitude and racial and ethnic tensions. The authors' examination of government economic and social policies notes the importance of strong political leadership that is committed to creating a national identity through consensus building. In pursuing these social objectives, successive governments have also played an active and transparent role (...) in fostering economic growth and development. However, a number of problems remain as Malaysia continues to follow these social and economic policies. (shrink)

The history of international responses to problems of hunger and malnutrition, while uneven in effectiveness terms, might more accurately be described as a progression of programmatic approaches. These approaches (1) have usually embodied considerable logic based on contemporary understandings, (2) have often been informed by some understanding of causality and by considerations of equity and community-based decision making (not new in nutrition), and (3) have, in turn, significantly informed subsequent approaches. While we must be relentless in our efforts (...) to mobilize greater commitment—and resources—for the alleviation of hunger and malnutrition, we should be supportive, not dismissive, of efforts to assist those in need today. (shrink)

The approach of this paper is a retrospective one. It is an attempt to show that many important ideas of Herodotus, a great ancestor of Aristotle, have influenced his practical philosophy. The paper focuses specially on several topics from the Histories of Herodotus, which have found a resonance in the Nicomachean ethics and in the Politics of Aristotle. The main ones in respect of the ethical theory are: the different forms of justice and the just as for example the super-human (...) justice, the just in the family relations, the judicial just and the just in the polis or the larger human community. Book Epsilon of the Nicomachean Ethics is indebted to Herodotus in several points. In respect of Aristotles' political theory, there are two topics in the History of Herodotus which deserve a special interest: firstly, the conversation of the three noble Persians, who discuss the six basic types of political order and organization of power-and-submission in a state or city-state ; this becomes a paradigm for the next typologies of Plato and Aristotle ; secondly, the importance of personal freedom, the equity of the speaking men on the agora, and the supremacy of law for the well-being of any community and its peaceful future. The legacy of Herodotus is obvious in many anthropological and ethical concepts of Aristotle, especially in his most read and quoted ethical writing and in his Politics. (shrink)

In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have (...) no legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world. (shrink)

In light of a history of an unethical news media system used by the state as an instrument of oppression, media ethics in South Africa is intended to uphold the foundational tenets of journalism and play a pivotal role in addressing issues of diversity, equity, and social justice. Most recently, the 2021 Inquiry into Media Ethics and Credibility report instructed media watchdogs, such as the South African Press Council, to track data concerning ethical breaches based on the potential (...) that such data can contribute to transparency and accountability. This study examines the trends in ethical issues raised in rulings by the South African Press Council (PCSA) over the period 2018–2022. Our analysis found that most of the South African news media publications registered with PCSA have a good track record when it comes to upholding ethical standards. However, a few publications have a disproportionate share of the complaints against them. (shrink)