Normal 0 false false false EN-US JA X-NONE Normal 0 false false false EN-US JA X-NONE The spotlight that Martha Nussbaum turns on the plight of women in developing nations brings the disproportion between human capabilities and the opportunities to exercise them sharply into focus. Social prejudices, economic discrimination, and deep-seated traditions and attitudes all harbor the seeds of systemic injustices within governing policies and institutions. The refusal on the part of a dominant class to recognize the rights and claims (...) of subaltern individuals and groups has both symbolic and material consequences. The power that one group exercises over another brings the refusal to recognize the rights and claims of others to the fore. Thanks to the moral priority that Paul Ricoeur accords to the victim against such refusals, I tie the fragility of identity to the idea of justice’s federating force. This federating force, I therefore argue, accompanies the struggle for recognition among capable human beings. (shrink)

In the course of the last 30 years, feminist theories of gender have shifted from quasi-Marxist, labor-centered conceptions to putatively ‘post-Marxist’ culture-and identity-based conceptions. Reflecting a broader political move from redistribution to recognition, this shift has been double edged. On the one hand, it has broadened feminist politics to encompass legitimate issues of representation, identity and difference. Yet, in the context of an ascendant neoliberalism, feminist struggles for recognition may be serving less to enrich struggles for redistribution than (...) to displace the latter. Thus, instead of arriving at a broader, richer paradigm that could encompass both redistribution and recognition, feminists appear to have traded one truncated paradigm for another – a truncated economism for a truncated culturalism. This article aims to resist that trend. I propose an anaysis of gender that is broad enough to house the full range of feminist concerns, those central to the old socialist-feminism as well as those rooted in the cultural turn. I also propose a correspondingly broad conception of justice, capable of encompassing both distribution and recognition, and a non-identitarian account of recognition, capable of synergizing with redistribution. I conclude by examining some practical problems that arise when we try to envision institutional reforms that could redress gender maldistribution and gender misrecognition simultaneously. (shrink)

In the course of the last thirty years, feminist theories of gender have shifted from quasi-Marxist, labor-centered conceptions to putatively “post-Marxist”culture- and identity-based conceptions. Reflecting a broader political move from redistribution to recognition, this shift has been double-edged. On the one hand, it has broadened feminist politics to encompass legitimate issues of representation, identity, and difference. Yet, in the context of an ascendant neoliberalism, feminist struggles for recognition may be serving to less to enrich struggles for redistribution than (...) to displace the latter. I aim to resist that trend. In this essay, I propose an analysis of gender that is broad enough to house the full range of feminist concerns, those central to the old socialist-feminism as well as those rooted in the cultural turn. I also propose a correspondingly broad conception of justice, capable of encompassing both distribution and recognition, and a non-identitarian account of recognition, capable of synergizing with redistribution. I conclude by examining some practical problems that arise when we try to envision institutional reforms that could redress gender maldistribution and gender misrecognition simultaneously. (shrink)

One of the principal lessons of The Concept of Law is that legal systems are not only comprised of rules, but founded on them as well. As Hart painstakingly showed, we cannot account for the way in which we talk and think about the law - that is, as an institution which persists over time despite turnover of officials, imposes duties and confers powers, enjoys supremacy over other kinds of practices, resolves doubts and disagreements about what is to be done (...) in a community and so on - without supposing that it is at bottom regulated by what he called the secondary rules of recognition, change and adjudication. Given this incontrovertible demonstration that every legal system must contain rules constituting its foundation, it might seem puzzling that many philosophers have contested Hart's view. In particular, they have objected to his claim that every legal system contains a rule of recognition. More surprisingly, these critiques span different jurisprudential schools. Positivists such as Joseph Raz, as well as natural lawyers such as Ronald Dworkin and John Finnis, have been among Hart's most vocal critics. In this essay, I would like to examine the opposition to the rule of recognition. What is objectionable about Hart's doctrine? Why deny that every legal system necessarily contains a rule setting out the criteria of legal validity? And are these objections convincing? Does the rule of recognition actually exist? This essay has five parts. In Part One, I try to state Hart's doctrine of the rule of recognition with some precision. As we will see, this task is not simple, insofar as Hart's position on this crucial topic is often frustratingly unclear. I also explore in this part whether the United States Constitution, or any of its provisions, can be considered the Hartian rule of recognition for the United States legal system. In Part Two, I attempt to detail the many roles that the rule of recognition plays within Hart's theory of law. In addition to the function that Hart explicitly assigned to it, namely, the resolution of normative uncertainty within a community, I argue that the rule of recognition, and the secondary rules more generally, also account for the law's dexterity, efficiency, normativity, continuity, persistence, supremacy, independence, identity, validity, content and existence. In Part Three, I examine three important challenges to Hart's doctrine of the rule of recognition. They are: 1) Hart's rule of recognition is under- and over-inclusive; 2) Hart cannot explain how social practices are capable of generating rules that confer powers and impose duties and hence cannot account for the normativity of law; 3) Hart cannot explain how disagreements about the criteria of legal validity that occur within actual legal systems, such as in American law, are possible. In Parts Four and Five, I address these various objections. I argue that although Hart's particular account of the rule of recognition is flawed and should be rejected, a related notion can be fashioned and should be substituted in its place. The idea, roughly, is to treat the rule of recognition as a shared plan which sets out the constitutional order of a legal system. As I try to show, understanding the rule of recognition in this new way allows the legal positivist to overcome the challenges lodged against Hart's version while still retaining the power of the original idea. (shrink)

Care ethics takes as central the discerning of needs in those being cared for and attempts to meet those needs. Perceptive caring agents are more likely to be able to identify needs in those for whom they are caring. The identification of needs is no small matter, not least in teaching encounters. This paper modestly proposes that at least some of the needs a caring agent should attempt to meet are a function of the identity of the patient of caring (...) action. Taking Nel Noddings’ account of care ethics as representative, I present it in outline. This leads to the needs-identification problematic. Following this I turn to Soran Reader’s account of needs. I interpret this to offer what I designate as identity as ‘what-ness’. Such an understanding of identity-based needs is a starting point for the caring agent but a more nuanced account, of identity as ‘who-ness’, is argued to be preferable. Identity as ‘who-ness’, as expressed in Paul Ricoeur’s work, advances the discussion, culminating in his concept of the ‘capable human being’. Having brought this aspect of Ricoeur’s thought into conversation with care ethics, I offer an account of identity-based needs conducive to the broader aims of the care ethical project. Finally, I consider what this bolstered account of care ethics might say about a brief and illustrative teaching encounter. (shrink)

Irish Sign Language (ISL) became an officially recognised language in Ireland by means of the ISL Act 2017, which commenced in December 2020 after more than 30 years of campaigning by the Deaf community. While some work has investigated language ideologies behind the ISL recognition campaign, this study explores language ideologies in parliamentary discourse, specifically perspectives of languageness of ISL. This is crucial to the study of sign language recognition and policymaking, as previous research has identified a link (...) between differing views on sign languages and deafness and policy outcomes. A corpus of parliamentary debates on ISL recognition (2013-2020) was compiled and analysed. A sociocognitive approach was adopted, alongside a framework for analysing how discourses establish legitimacy for social practices. Theoretically, categories of sign language ideologies were applied. A link between language, culture and identity is established by the legislators through their use of terms such as 'indigenous' and 'native' to describe ISL and the Deaf community. ISL is compared to Irish to further their argument and claims are made about the capability of ISL as a legitimate language. Finally, benefits of ISL to wider society are highlighted. (shrink)

This study reviews research about the recognition of one’s own face and discusses scientific techniques to investigate differences in brain activation when looking at familiar faces compared to unfamiliar ones. Our analysis highlights how people do not possess a perception of their own face that corresponds precisely to reality, and how the awareness of one’s face can also be modulated by means of the enfacement illusion. This illusion allows one to maintain a sense of self at the expense of (...) a precise discrimination of self-face. The internal dynamics of different brain processes, associated with the construction of bodily identity and the sense of self and capable of integrating signals from different sensory channels, particularly visual and tactile, create a mirror-mask effect. According to this effect, the self-face reflected by a mirror becomes a mask for the self, which has the features of the subject’s face, but nonetheless does not correspond perfectly to its characteristics. This poses interesting questions about the nature and construction of one’s self, as self-face reflections allow the mind to mediate between analogue and virtual reality, between past and future events, between memories and plans of action and, most importantly, between beliefs about our identities. (shrink)

Both the capability and the recognition approach are influential and substantial theories in social philosophy. In this contribution, we outline their main assumptions in their assessment of poverty. The two approaches are set in relation to each other, focusing mainly on (a) their moral evaluation of poverty, (b) issues of justification of their central normative claims, and (c) the role that is attributed to subjective experiences, feelings and emotions in these theories. This comparison reveals that in spite of significant (...) differences, both lead to the claim that poverty can never be adequately assessed without putting it into the context of a comprehensive ethical theory about the nature and function of societies. Drawing on this result, we conclude that the critical function of social philosophy plays an irreducible role in the study and understanding of poverty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Religious Dualism and the Problem of Dual Religious IdentityJonathan A. SeitzThe word “dualism” is used in many senses. It can refer to the separation of mind and body in classical Western philosophy or to the separation of divine and human in some religious traditions, but religious dualism is also used in the social sciences to describe how two religious systems may relate to each other. Personally, I am interested (...) in this topic because I teach at a Taiwanese seminary, where students draw deeply on Taiwanese culture even as they assert a very clear Christian identity that often challenges or clashes with the broader culture. Like many Protestants, my students generally reject an idea of syncretism while simultaneously affirming Taiwanese culture and many popular beliefs. This dual identity fascinates me.“Dualism” in anthropological research is sometimes used to describe the attachment to two discrete religious or cultural traditions, such as Buddhism and Christianity. An important early theorist was anthropologist June Nash, whose work grew out of ethnographic research in Bolivia and Mexico. Nash looked at Bolivian miners and studied their popular devotion. She wrote that “this technique of syncretizing elements as developed by the Spaniards in the early years of conquest seems alien to the Bolivian way of thinking. It relates to a mode of thinking that accepts only a single, hierarchically defined system of ideas. Indigenous thought is capable of entertaining coexistant and apparently contradictory world views.” Nash says that she “hope[d] to clarify this point of the segmentation in time and space of the two systems, since it defies the model of acculturation as a homogenous blend.”1In this understanding, “dualism” better describes the reality with which many people live than do more general terms like “indigenization” or “acculturation,” and it also resists an understanding that religious traditions simply blend together—rather, they are segmented and retain elements of coherence even when held simultaneously.languages of dual belonging“Dualism” has been helpful because it allows for the recognition that people may belong to two or more distinct traditions. More recently, “dual religious belonging” has been used by theologians such Paul Knitter and Rose Drew. In the past, Buddhist-Christian [End Page 49] Studies has devoted considerable space to the topic.2 The theological step is a step further beyond anthropological dualism, but it is also interested in affirming the “both-ness” of holding to two traditions simultaneously.In this essay I want to grapple with the ways in which dualism can be understood. I believe this systemic language holds some real benefits over other approaches, particularly over more general process terms like “contextualization,” “accommodation,” “indigenization,” “acculturation,” “vernacularization,” and so on. These “-ation” words are helpful in pointing to how conversion or Christianization occurs over time, but they also assume a sort of final synthesis or resolution, and for most people this is probably not how it works. This paper briefly treats two approaches to dual belonging, Nicole Constable’s study of Hakka Protestants in Hong Kong and Jon Kirby’s analysis of northern Ghanaian Catholic communities, and then contrasts these with the more theological language of dual religious belonging found in papers by scholars like Paul Knitter.Essentially, dualism proposes a “both/and” understanding, a type of personal or religious emulsion where two systems are mixed together but resist a full integration. For some scholars, this is fundamentally a positive thing, since it allows for the integrity of the different systems. In others, it is seen as a type of failure to arrive at a reconciled identity, or the bifurcation of an indigenous tradition because of the arrival of Christianity (or another religion).Part of the reason I am interested in this topic is precisely because it gets at a tension—a real ambivalence (i.e., two valences)—that other approaches may not reach. For instance, there is a wide range of uses of contextualization, appropriation, enculturation, vernacularization, indigenization, and so on. My hunch is that scholars use these terms in part because they reduce the cognitive dissonance involved in simultaneously living or working in multiple cultures. Contextualization is a process that may assume a type of full integration, while with dualism the tension is... (shrink)

Paul Ricœur says that our narrative identity depends on how others understand us. This claim, however, does not explicitly address the fact that not everyone receives the same recognition: it underexplains how certain groups are systemically not acknowledged, respected, or taken seriously. More recent work on narrative co-authoring starts to address this fact by examining how people’s vulnerability to co-authoring depends on the context in which they live. But I argue that this work should be extended to attend to (...) the kinds of vulnerabilities that result from what José Medina calls recognition deficiencies, which become more normalized due to structural oppression, specifically what Iris Marion Young calls cultural imperialism. I then illuminate the kinds of vulnerabilities that result from recognition deficiencies in cases of structural oppression by bringing in work in Black feminist thought and epistemic injustice, particularly that of Audre Lorde and Veronica Ivy, into conversation with narrative scholarship. (shrink)

We can distinguish two liberal paradigms that stand in opposition to each other. Liberalism as non-domination seeks to eliminate identities resulting from domination and oppression and hindering the emancipation of individuals. Liberalism as recognition holds that ‘the idea of a human world without identities makes no sense’ (Appiah) and considers identities to have their source in individual liberty and to provide the grounds for pluralism. The two liberal paradigms come to largely different results regarding the role of the state (...) and civil society. The paradigm of non-domination tends to enforce individual rights, if necessary against a hostile cultural and religious context. The paradigm of recognition defends mostly individual liberties, if necessary at the expense of certain individual rights. Liberalism stands here in front of a major dilemma: Either it protects individual rights in the sense of freedom as non-domination, or it defends individual liberties in Isaiah Berlin's tradition of negative liberty– in too many cases and in too many parts of the world, liberalism, understood in the terms presented here, cannot have it both ways. This review article argues that the liberal paradigms of non-domination and recognition are complementary; liberalism is about both recognition and non-domination. Following policy recommendation can be drawn: (1) Democratic institutions (parliament, political parties and constitutional courts) and democratic rights (right to vote, right of assembly and freedom of speech) are most efficient in fighting domination. (2) Although social identities are not fixed and open to change, they cannot be engineered by the state or civil society organizations and grow out of some form of social consensus. (3) The consensus around identities takes place within the pluralist public and civil sphere of a community. (4) While the support in the development of individual capabilities by the state is effective against domination, also history and collective memory help to overcome the traumatic experience of domination. (5) Systemic transformation requires the support from below, notably from the civil society, and is based on individual liberties. (shrink)

La psychanalyse de Freud exerce un rôle constitutif dans le discours philosophique de Paul Ricœur sur l'homme. Autour de sa conception de “l' homme capable,” on peut voir s'articuler très clairement trois modèles théoriques: une théorie de la réflexion comme réappropriation, une théorie de la narration comme construction et comme reconstruction de l'identité, une théorie de la reconnaissance comme parcours d'émancipation. Il s'agit de trois modèles capables de donner à la psychanalyse d'aujourd'hui des éléments nouveaux pour l'élaboration d'une théorie herméneutique (...) centrée sur les concepts de narration et d'action. The psychoanalysis of Freud plays a constitutive role in Paul Ricœur’s philosophical discourse on the human. His conception of the human being as “capable man” revolves around three theoretical models – a theory of reflection as re-appropriation, a theory of narration as the construction and reconstruction of identity, and a theory of recognition as a course of emancipation. These three models can lend new elements to current psychoanalysis for the elaboration of a hermeneutical theory focused on the concepts of narration and action. (shrink)

With the acceleration of social transformation and “mediatization,” urban women’s parenting practices have become an important factor affecting the demographic structure and national development. The global COVID-19 pandemic has further contributed to the networking of social life and the creation of “Internet moms” who rely on the Internet for parenting interactions. Using a mixed-methods design, this paper conducted participant observation and in-depth interviews with 90 mothers from various industries born after 1980/1990 across multiple geographies in China to examine the impact (...) of urban women’s Internet practices on the psychology and practice of parenting during the COVID-19 pandemic, as well as how they were empowered by media technologies to practice motherhood and complete their role socialization through the sharing of parenting information, experiences, and actions. The purpose of this qualitative study was to investigate the changing impact of Internet-based parenting practices on Chinese urban women’s daily lives during the COVID-19 pandemic. Through the analysis of these influences, it was found that the whole society, including urban parenting groups, paid attention to self-expression and self-worth and further hoped to arouse society’s recognition, face up to the identity of “mother” and “female,” and give more attention and support to women. The study also found that, as interpersonal communication channels were hindered during the COVID-19 pandemic, the power of the Internet, represented by social media, has created a new platform for information empowerment, action mutual, and ideation of motherhood for urban women formerly bound to family and parenting matters. From individual, family, and individual parenting experiences to group, social, and shared scenarios, urban women are engaged in emotional and memory interactions, including motherhood-related expression, experiences, and collaboration. This shift from virtual to physical has reshaped their parenting view, helping them break through the confines of family experience and traditional customs in addition to providing psychological motivation to express their gender concepts, shape their self-image, construct gender power, and interpret intimate relationships, pushing them to become more reflective of the times, as well as more capable and authoritative. (shrink)

Introduction : the antinomy of human reality and the problem of a philosophical anthropology -- Attention: a phenomenological study of attention and its philosophical connections -- The unity of the voluntary and the involuntary as a limit-idea -- The problem of the will and philosophical discourse -- The phenomenology of the will and the approach through ordinary language -- The symbol gives rise to thought -- Freedom -- Myth -- The symbolic structure of action -- Human beings as the subject (...) of philosophy -- Individual and personal identity -- Narrative identity -- The paradoxes of identity -- Strangeness many times over -- The addressee of religion : the capable human being -- Epilogue : personal capacities and mutual recognition. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

When can ever be justified in banning a religious practice? This paper focusses on Martha Nussbaum's capabilities approach. Certain religious practices create a clash between capabilities where the capability to religious belief and expression is in conflict with the capability of equal status and nondiscrimination. One example of such a clash is the case of polygamy. Nussbaum argues that there may be circumstances where polygamy may be acceptable. On the contrary, I argue that the capabilities approach cannot justify polygamy in (...) any circumstance. Her approach rules out polygamy, but may not rule out all non-monogamous relationships, such as polyamory. Finally, I conclude that the capabilities approach would benefit from a more robust understanding of recognition. (shrink)

Axel Honneth is best known for his critique of modern society centered on a concept of recognition. Jacques Rancière has advanced an influential theory of modern politics based on disagreement. Underpinning their thought is a concern for the logics of exclusion and domination that structure contemporary societies. In a rare dialogue, these two philosophers explore the affinities and tensions between their perspectives to provoke new ideas for social and political change. -/- Honneth sees modern society as a field in (...) which the logic of recognition provides individuals with increasing possibilities for freedom and is a constant catalyst for transformation. Rancière sees the social as a policing order and the political as a force that must radically assert equality. Honneth claims Rancière's conception of the political lies outside of actual historical societies and involves a problematic desire for egalitarianism. Rancière argues that Honneth's theory of recognition relies on an overly substantial conception of identity and subjectivity. While impassioned, their exchange seeks to advance critical theory's political project by reconciling the rift between German and French post-Marxist traditions and proposing new frameworks for justice. (shrink)

Language is the main resource for meaningful action, including the very formation of selves and psychosocial identities, shaped by practical norms, beliefs, and values. Thus, language education constitutes one of the most powerful means for both social reproduction and social production and ideological maintenance and utopian innovation. In this paper, we attempt to emphasise the invaluable psychosocial, political, economic, and cultural function of language education in order to propose a critical view of the current transition from the monolingual to a (...) multilingual paradigm. We maintain that multilingual approaches tend to serve the neoliberal framework and reproduce its systemic inequalities. Therefore, we argue in favour of emancipatory multilingual practices that could embody a translingual pedagogy capable of promoting the development of capabilities, the recognition of otherness, and the cultivation of diversity. Rooted in critical theory, namely in Foucault’s notion of subjectification and Freire’s view of conscientisation, an emancipatory translingual pedagogy would enable and empower every learner to synthesise a contextually creative field of new semantic and pragmatic relationships. Critical language education would enhance the ethos of biophilia that fosters what we term the poetics of communality and selfhood, that is to say, the proactive commitment to expanding symbolic and existential novelty. (shrink)

This multidisciplinary book brings the topics of rights, identity, and race together to examine what it means to be oppressed, how oppression works, and what we both as individuals and as a community can do about it, using the Iranian American community as a case study.

What is recognition and why is it so important? This book develops a synoptic conception of the significance of recognition in its many forms for human persons by means of a rational reconstruction and internal critique of classical and contemporary accounts. The book begins with a clarification of several fundamental questions concerning recognition. It then reconstructs the core ideas of Fichte, Hegel, Charles Taylor, Nancy Fraser, and Axel Honneth and utilizes the insights and conceptual tools developed across (...) these chapters for developing a case for the universal importance of recognition for humans. It argues in favour of a universalist anthropological position, unusual in the literature on recognition, that aims to construe a philosophically sound basis for a discourse of common humanity, or of a shared human life-form for which moral relations of recognition are essential. This synthetic conception of the importance of recognition provides tools for articulating deep intuitions shared across cultures about what makes human life and forms of human co-existence better or worse, and thus tools for mutual understanding about the deepest shared concerns of humanity, or of what makes us all human persons despite our differences. -/- Recognition and the Human Life-Form will appeal to readers interested in philosophical anthropology, social and political philosophy, critical theory, and the history of philosophy. It also provides ideas and conceptual tools for fields such as anthropology, education, disability studies, international relations, law, politics, religious studies, sociology, and social research. (shrink)

Traditionally, physicians and parents made decisions about children’s health care based on western practices. More recently, with legal and ethical development of informed consent and recognition for decision making, children are becoming active participants in their care. The extent to which this is happening is however blurred by lack of clarity about what children — of diverse levels of cognitive development — are capable of understanding. Moreover, when there are multiple surrogate decision makers, parental and professional conflict can arise (...) concerning children’s ‘best interest’. Giving children a voice and offering choice promotes their dignity and quality of life. Nevertheless, it also presents with many challenges. Case studies using pseudonyms and changed situational identities are used in this article to illuminate the complexity of ethical challenges facing nurses in end-of-life care with children and families. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Menkiti's Moral Man by Oritsegbubemi Anthony OyowePolycarp IkuenobeOYOWE, Oritsegbubemi Anthony. Menkiti's Moral Man. Lanham, Md.: Lexington Books, 2022. xii + 221 pp. Cloth, $100.00Oyowe critically examines the various threads in, issues raised by, and implications of Menkiti's maximal conception of personhood, against the backdrop of various criticisms, including his own. He indicates that, as "a repentant critic," he does "not deny the merits of these criticisms," but he (...) is "convinced that there are resources in Menkiti's general account for tackling them."In chapter 1, Oyowe examines how Menkiti uses the idea of community to foreground his normative view of personhood, in order to illuminate the African idea that one is a person because of, and through relationships with, other persons in a community. This indicates that one's existence or [End Page 356] identity has necessary external elements of cultural belonging, in addition to internal intrinsic elements. These cultural elements require ontological progression that involves a process of social-moral incorporation into communal practices and norms. Oyowe argues that while this conception is plausible, it raises questions regarding oppressive cultures and their effects on individuals. He indicates that the kind of person that emerges from this conception is a "soft" social entity.Chapter 2 examines the issue of the nature of the relationship between persons (as soft social entities) and community, and the implications for individual autonomy, practical reasoning, and moral agency. Oyowe argues that the pertinent issue is not whether the individual should have moral or ontological priority over the community or vice versa, but the aspect of individuality that is conducive to what we cherish about the community. This is because Menkiti presupposes that in order to be a maximal person, one must have intrinsic capacities for moral agency to take on communal functions and duties. But the community creates the conditions for individuals to express individuality and autonomy, engage in practical reasoning, and make the choice to conform with communal norms in order to be recognized as persons.So, the maximal conception of personhood raises issues about the nature of entities that deserve a moral status. Chapter 3 examines the moral status of infants, people with cognitive impairment, the senile, nonhuman animals, and the moral duties that people have toward these entities. If we understand personhood as failing to extend moral status to these entities, such a view might be charged with speciesism and anthropocentrism. Oyowe argues that a plausible interpretation of personhood, in the context of the communal priority of duties, suggests that people have certain responsibilities toward human and nonhuman nonpersons. This interpretation is grounded in Menkiti's distinction between "deserving justice"—which is not based on having certain intrinsic properties, moral capacities, or cognitive abilities—and "being a person." Because Menkiti insists that persons ought to be able to use their capacities to perform requisite communal duties, personhood must involve an obligation to consider the interests of nonpersons and a community of respect for those who deserve justice.Chapter 4 examines the dilemma created by the social architecture of a community's cultural traditions, institutions, expectations, norms, and practices that are necessary for personhood and social identity. While such architecture is capable of supporting the achievement of personhood, it could also be restrictive. He uses Chinua Achebe's novel, Things Fall Apart, to illuminate how the structures for recognizing persons that are oppressive of and biased against women could be disguised. Although Menkiti does not address this issue, his conception of personhood highlights the problem of social justice for women because relevant social architecture may exclude women from equal and full communal recognition and participation. An appreciation of this problem [End Page 357] introduces an alternative way of understanding social justice in terms of communal recognition or lack thereof.In chapter 5, Oyowe uses the intuitions underlying Locke's distinction between "person" and "human being" to illuminate Menkiti's account of personhood. Person and human being are not identical because they have different persistent conditions. Persons persist by virtue of mental capacities and practical relevance that are developed after one is identified as a human organism. This raises the issues of (a) whether being a... (shrink)

Indonesia's unique demographic structure, cultural diversity, and largely pastoral lifestyle mean that land administration has always been a complex issue and historical developments have contribut...

This entry discusses three forms of politics of recognition: politics of universalism, affirmative identity politics and deconstructive politics of difference. It examines the constitutive, causally formative, and normative role that recognition has for the relevant senses of universal standing, particular identity, and difference in these approaches.

Photo ID 222412412 © US Navy Medicine | Dreamstime.com ABSTRACT In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. INTRODUCTION Medical resources in an austere environment without quick recourse for resupply or casualty evacuation are often (...) limited. The shortage extends not only to supplies like blood products and drugs, but physicians and other medical personnel. In the midst of a mass casualty scenario, such as a battle that includes intense ground fighting, the medical staff will stretch scarce resources and triage casualties according to specific criteria. Typically, they proceed by providing care for the most severely wounded first, referred to here as conventional triage. At times, though, the staff may reverse the triage so that soldiers with minor wounds can return to the fight. In a mass casualty situation, when medical personnel apply conventional triage and treat casualties from opposing forces, a dilemma may arise. We argue that it can be permissible for military physicians to prioritize their own soldiers over enemy combatants in a mass casualty triage, where reverse triage does not apply. The case we will focus on is as follows: Battlefield Triage: During combat operations on a remote island in the Pacific Ocean, a compatriot soldier and an enemy combatant arrive at the compatriot soldier country’s medical treatment facility. Both have similar gunshot wounds to the abdomen, and they arrive with similar conditions. Both have low oxygen saturation and excessive blood loss. The sole physician only has enough time to stabilize one person. The scenario is brief, and we are aware that medical rules of eligibility will most often dictate how the physician proceeds,[1] but this scenario is useful in setting up the question we focus on in this paper: would it be wrong to favor the stabilization of a soldier just because the soldier is the physician’s compatriot? In other words, can nationality serve as an ethically justified tiebreaker in a situation such as Battlefield Triage?[2] In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. The AMA’s Code of Medical Ethics asserts that physicians have “ethical obligations to place patients’ welfare above their self-interest and above obligations to other groups.”[3] The World Medical Association’s Declaration of Tokyo affirms that “no motive, whether personal, collective or political, shall prevail against this higher purpose” of alleviating distress.[4] Physicians are taught early on that triage decisions must be medically indicated and made without consideration of factors such as race, ethnicity, religion, social status, and nationality. They are taught that public trust and obligations of justice grounded in equality demand that only medical indications be considered. But military physicians in a military setting are beholden to obligations, duties, and responsibilities as members of the military, and when these obligations, duties, and responsibilities conflict, as they do in Battlefield Triage, which loyalties win out and why?[5] Critics of partiality on national grounds argue that partiality undermines public trust in medicine and justice because everyone should be treated equally regardless of nationality.[6] Proponents of partiality argue that military obligations supersede equality and that justice requires partiality in such cases.[7] Despite the critics’ disagreement, both agree that there is a morally right, perhaps even blameless, course of action. Drawing on insights from virtue ethics, we argue that Battlefield Triage is a moral tragedy in which justice is unattainable and there is no action without moral cost. The assumption that there is a morally right choice is flawed. We argue that while no decision in this scenario is free from moral blame, there are reasons to favor treating one’s soldiers over enemy combatants. I. The Case Against Partiality There is a common assumption that there is a morally right or just decision in Battlefield Triage. A number of organizations and scholars claim that it is wrong for military physicians to favor their own soldiers on the grounds of nationality or some form of ‘group membership.’ (In a conflict involving service members from multiple nations working as a coalition, a soldier from an allied country may receive the same priority as the US service member due to ‘group membership.’) The World Medical Association’s WMA Declaration of Lisbon on the Rights of the Patient, which was reaffirmed in 2015, posits that, “[i]n circumstances where a choice must be made between potential patients for a particular treatment that is in limited supply, all such patients are entitled to a fair selection procedure for that treatment. That choice must be based on medical criteria and made without discrimination.”[8] This echoes what was set forth in Article 12 of the Geneva Conventions, which states that “[o]nly urgent medical reasons will authorize priority in the order of treatment to be administered.”[9] The argument for impartiality in Battlefield Triage is that every person is morally equal, and equality entails that medical distribution is, “based on a combination of medical need and urgency.”[10] This is in keeping with the bioethical principles that are generally applied.[11] II. The Case for Partiality On the other side, there are arguments that favoritism is the ethically right decision in Battlefield Triage.[12] The argument asserts that members of the military form a morally significant community of friends and participation in these relationships demands partiality. Just as parents have strong ethical duties to their children and not just any children, military personnel have ethical duties to their group, a group that involves an affirmation of mutual aid and support. Some have termed these ‘associative duties. According to Michael Gross, obligations of friendship, care, and solidarity “leave very little room for generally applicable principles of justice that would obligate a medic to treat enemy or non-compatriot wounded ahead of their compatriots.”[13] This is true in Battlefield Triage, but it may also be true even if the enemy’s soldier were more seriously wounded: “the ethics of small group cohesion, largely an ethics of care, mostly replaces the demands of impartial justice.”[14] In a more recent article, Gross explains that preferential treatment is ethically justified based on fighting capability and “the special obligations people owe friends, family, and, no less, comrades-in-arms.”[15] To not show partiality to the US soldier would be morally wrong on the grounds of friendship and mutual care.[16] III. The Moral Tragedy of Battlefield Triage Defenders and critics of Battlefield Triage favoritism based on nationality both frame their position as just or fair. For example, Justin List argues that physicians are “bound to practice medical neutrality,”[17] Marcus Adams denies that physicians “possess special ethical obligations” to enemy combatants because of their profession.[18] These perspectives assume that there is a morally right decision and that justice is attainable. The assumption that there is or can be a morally right Battlefield Triage decision, and we need to put our heads together to figure it out, remains strongly entrenched. However, the facts of the situation should give us pause; there are too many people and too few resources, and this demands a decision-making process that determines who will receive scarce resources. By its very nature, a battlefield triage decision has to be made based on some characteristic or value, a characteristic or value that will inevitably favor some at the expense of others. This is precisely why competing analyses “in the military context struggle to resolve these conflicts satisfactorily.”[19] Drawing on the insights of virtue ethics, we suggest that Battlefield Triage is a moral tragedy. Virtue ethics suggests that morality is about acting virtuously, which is to say that we should do what a virtuous person would do in the situation. Ethics is about figuring out how a just, wise, compassionate, loving, and fair person would act, and then doing that, as one grows in virtue. But life is not always clear cut, and it is possible that virtuous people may find themselves in a moral tragedy, a situation in which, through no fault of one’s own, a person must make a morally objectionable decision. After the action the virtuous person “emerges having done a terrible thing, the very sort of thing that the callous, dishonest, unjust, or in general vicious agent would characteristically do.”[20] Stated differently, a moral tragedy presents a virtuous person with two or more courses of action, all of which have a moral cost.[21] In Battlefield Triage, no matter how the physician goes about deciding, there is going to be defensible concern from those not saved. The fact that there are more people than can be helped fosters competing values in battlefield triage: maximize lives saved, treat people equally, treat the worse off, and support the war effort. Treating people equally may create tension between treating the worse off, maximizing lives saved, and supporting the war effort. Reverse triage is a case in point, as supporting the war effort conflicts with treating the worse off first, as is a fair lottery system since deploying a lottery may not maximize lives saved or support the war effort. There can be reasons why one person is selected over another, to be sure. Yet, there are reasons for making a decision, and that the decision is subject to legitimate moral concern is another. To recognize the moral tragedy of Battlefield Triage is to recognize the impossibility of acting blamelessly in the situation. In this situation, the virtuous military physician is going to have to sacrifice important values such as justice, compassion, and respect for others, even with a defensible criterion in hand. The physician will grieve this sacrifice accordingly. The physician may find her decision difficult or stressful, and rightly so, because of what her circumstances require of her. This kind of moral tragedy results “in actions which betray and violate the rights of persons to whom there may be a strong duty of care. When this happens, it properly triggers an appropriate moral emotion since our moral integrity has been violated and this affects how we think of ourselves and what we have become.”[22] Rather than view her triage decision as the morally superior choice, the virtuous military physician will view her decisions in these circumstances in a different light: it is the least bad option in a terrible situation, and she did something ethically problematic, something that is contrary to her moral character. She deeply regrets the circumstances in which she had to act. IV. Virtue Ethics A virtue ethicist has insight into how one should go about deciding what to do in a moral tragedy, although virtue ethics may not be as helpful as one may hope. The goal of the virtuous military physician in Battlefield Triage is to adopt the best course of action or the action that she feels she ought to do, all things considered. This does not make her choice devoid of serious wrongdoing—a decision must be made, but that does not make it just. The virtuous military physician will approach the situation with courage, responsibility, and insight. She will think about the decision carefully, wisely, and conscientiously; she will weigh the goods and harms of the choices before her, in conjunction with a proper conception of the good life, human worth, and understanding of her obligations to others—including chain of command, fellow soldiers, and the medical community. She is attuned to the value of human life and has a reasonable idea of the various ways her decisions will affect others. She recognizes that she is in this non-ideal situation through no fault of her own: she is not the one fighting in battles; she is serving her country as a physician, whose job it is to save lives, treat everyone justly, and promote military objectives. She regrets the decision she is forced to make in battlefield triage, acting “with immense regret and pain,” Hursthouse explains, “instead of indifferently or gladly.”[23] This is because, no matter what decision is made, the virtuous military physician “does something terrible or horrible,” something she otherwise would not do and is contrary to her values.[24] V. A Resolvable Moral Tragedy Instead of asking whether there is a morally right decision, in which a decision is morally blameless and above reproach, the virtue ethicist asks whether there is a decision with a convincing rationale, knowing that a decision can have a clear rationale but still be morally tragic. It is perfectly reasonable to think that different virtuous persons will arrive at different courses of action: “two virtuous agents, in the same situation,” Hursthouse writes, “may act differently” in irresolvable moral tragedies, in cases in which there is no clear course of action.[25] Because a person must act in a moral tragedy, one goal is to identify reasons for choosing the chosen action. Some decisions are clearly indefensible—treating neither the compatriot soldier nor the enemy combatant in Battlefield Triage would be wrong—and some decisions are more problematic than others. If the military physician selects to treat the soldier because she does not like the enemy combatant’s skin color, such a reason would be deeply problematic. But much of the debate over how to act in a moral tragedy is not over clearly indefensible or problematic criteria. Instead, the literature is largely about different standards or implementations of justice. Some scholars defend nation-impartial triage as right, while others defend nation-aware triage as right, and each argues that the other side is promoting an unjust or otherwise wrong solution to Battlefield Triage. We suggest that Battlefield Triage is a resolvable moral tragedy and that virtue ethics offers convincing reasons to prefer the treatment of the compatriot soldier rather than the enemy combatant on the grounds of national identity. Virtues are integral to living a good life, a flourishing life, but as Aristotle observed long ago, human beings are inherently social, interdependent and interconnected in profound ways.[26] This goes beyond the obvious fact that we need each other to survive day to day (one person makes clothes, another farms, and another makes tools); the claim is that a good or flourishing life depends in large part on one’s social network or community. This is why many of Aristotle’s moral virtues are other facing: justice, friendship, generosity, and magnanimity, to name a few. Courage, a typically self-facing virtue, is understood by Aristotle to be the virtue that regards one’s fear of death in battle, a battle fought on behalf of one’s city.[27] All of this remains true today. Namely, there is an important sense in which our community matters to our lives: it is easier to live a good, flourishing life if one is part of a good, flourishing community. Our community is made up of smaller groups, and it is more accurate to say that we are simultaneous members of different groups within a broader community. A person may be part of a family, friend group, research team, large state university, city, state, and nation. Groups can function well or not, as we all have experienced, and this suggests that there are virtues or excellences that groups can instantiate. Good groups are unified in purpose, with each member doing their duty alongside others for the attainment of that purpose. Good groups manifest solidarity among their members. Although Aristotle does not list solidarity as a virtue, a number of modern-day virtue ethicists have begun examining how group solidarity can be a virtue that contributes to a good or flourishing life.[28] Solidarity is not conceptualized as an individual virtue, a virtue possessed by a person in isolation of others; instead, it is a collective virtue, a virtue that is shared among members of a defined group with particular ends.[29] “A group has solidarity to the extent that its members are disposed to: (1) share values, aims, or goals; (2) care about those values, aims, or goals; (3) act in accordance with those values, aims, or goals; (4) trust the testimony of other group members with respect to those values, aims, and goals; and (5) feel a sense of belonging to the group.”[30] The virtue of collective or group solidarity involves individuals having special concern for each other, shared aims and values, trust, loyalty, and a sense of belonging with these specific others. There is a oneness to the group in the pursuit of a definite goal or purpose, involving mutual support and affirmation of each member. As such, the group has ends and goods above and beyond the good of each individual person. Sometimes solidarity requires personal sacrifice for the collective (for example, a father sacrificing food so his child can eat). The virtue of collective or group solidarity is important to the military and medical community at every level, and for clear reasons. In the military, there is a clear hierarchy of command, unity of purpose and end, mutual trust and support in complex settings, and so on. Soldiers need to know they can count on one another, and solidarity grounds a soldier’s ability to trust others and be assured of mutual aid. In medicine, solidarity maintains self-regulation of the profession, shared values and goals, as well as public support, not to mention that day-to-day operations require physician trust, engagement, and effort toward the ends of clinical care. Physicians need to work together, along with others, in pursuit of health, and disunity is sowed when there is mistrust, selfishness, or disengagement among the healthcare team and organization. Importantly, just as we are all members of various groups and hence may manifest group solidarity in different settings, the virtuous military physician instantiates collective solidarity with both the medical profession and the military. Her dual loyalty contributes to the moral difficulty of acting in Battlefield Triage. The military physician has competing obligations to distinct groups and cannot satisfy all obligations in Battlefield Triage. Solidarity with the military supports the consideration of favoring the soldier for reasons of national identity, whereas solidarity with the medical community does not. Something has to give, which is why it is a moral tragedy. The virtuous military physician, therefore, must weigh the costs of each course of action. To fulfill her obligations to the medical community would require that she does not use nationality and other non-medical considerations in Battlefield Triage. Since the soldier and enemy combatant are equally injured, justice would demand a random process, perhaps a flip of the coin. Although this may satisfy obligations the military physician has to the medical community, this would be costly to the physician’s military group. If word gets out that the physician decides who to treat based on a coin toss, soldiers, families, and citizens may become frustrated and angry. Soldier morale may go down if it becomes known that a coin flip led to the preventable death of a soldier and the saving of an enemy combatant who had killed (or attempted to kill) other soldiers. As Gross highlights, military solidarity involves a mutual aid promise that military personnel promise to help one another.[31] A military physician is part of the military and, as such, is part of the mutual aid promise, which would appear to be violated if the physician flips a coin. Treating a member of one’s own team may be psychologically more beneficial than treating an enemy combatant and may lead to less moral distress.[32] Finally, treating soldiers rather than enemy combatants promotes broader military and social aims, including returning soldiers to health, maintaining unity of purpose, and minimizing community suffering from a soldier’s death. Favoring members of one’s group, that is, triage based on nationality in Battlefield Triage, would fulfill obligations of military group loyalty, which is contrary to the values and duties of medicine. It does not seem as though showing favoritism in this particular situation is very costly to the medical community or general public, but this is because there is recognition that the physician is in the military. Medicine is impartial to non-medical indications partly because of fairness and to promote public trust in medicine. However, Battlefield Triage is unique, as medicine is being practiced in a non-public, wartime setting. In ordinary circumstances, a patient’s identity is irrelevant, and physicians ought not play favorites. Since Battlefield Triage is not an ordinary circumstance, decisions based on patient identity may not undermine public trust in medicine. In addition, it is contestable that fairness in Battlefield Triage requires that no consideration be paid to one’s nationality. Fairness is about giving each person their due, what is owed to them, and the case can be made that soldiers who place themselves in danger for the sake of the common good or a just cause are owed special attention when they suffer harm in the line of duty. In other words, soldiers voluntarily undergo risk to themselves for the greater good, and society owes them for this sacrifice. This plausibly includes preferential treatment in a situation such as Battlefield Triage. So, while the medical community affirms justice demands non-preferential treatment, the military community can affirm the opposite. The demands of fairness are unclear at best or in conflict in this situation: demands of physician justice decry favoritism, while demands of military justice support favoritism. Triage not based on nationality is arguably unfair and triage based on nationality may not undermine public trust, after all. All things considered, there is a clear rationale for favoring nationality-based preferential treatment in Battlefield Triage. Adopting a nationality-based preference in this situation is more defensible than not. This does not make such a decision ethically right or just. Preference based on nationality is the least bad decision, but it is not morally blameless. It involves one in a serious moral wrong, a wrong otherwise avoided and contrary to one’s character. The virtuous military physician is in a situation in which obligations conflict, and we disagree with Gross, who posits that care of fellow soldiers “is important to the near exclusion of all else.”[33] Gross fails to appreciate the collective virtue of solidarity as applied to those in medicine. The military physician has duties to fellow soldiers but also to fellow physicians, to the medical community, and humanity. To favor a soldier on grounds of nationality violates her duties and responsibilities to this latter group. She is involved in a moral tragedy and can only seek the most just action given the circumstances, yet, at least in virtue ethics, the action remains far from blameless. CONCLUSION We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. As such, the virtuous military physician incurs a moral cost to acting as she does—there is a moral residue. However, despite being a moral tragedy, there are clear reasons to act in favor of treating one’s own, considering group solidarity. As such, these kinds of tragedies are resolvable: virtuous military physicians should favor treatment of their own, although they would do so with sorrow. - [1] Militaries set forth medical rules of eligibility or guidelines used to determine whether a person qualifies for specific medical interventions or treatments in certain circumstances, and these guidelines are binding for a military physician. For example, despite opposition from medical organizations, militaries have adopted reverse triage guidelines for military physicians to follow. For ethical discussion, see Falzone, Elisabeth, P. Pasquier, C. Hoffmann, O. Barbier, M. Boutonnet, A. Salvadori, A. Jarrassier, J. Renner, B. Malgras, and S. Mérat. "Triage in military settings." Anaesthesia Critical Care & Pain Medicine 36, no. 1 (2017): 43-51. https://doi.org/10.1016/j.accpm.2016.05.004 [2] There are issues that are related to this, including the triage of civilians and allied soldiers. We set related issues aside for purposes of this paper [3] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [4] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [5] This is termed the “dual loyalty” dilemma in military medicine and has been described at length elsewhere: Institute of Medicine (US) Board on Health Sciences Policy. Military Medical Ethics: Issues regarding Dual Loyalties: Workshop Summary. Washington (DC): National Academies Press (US); 2008. Toward a Framework for Resolving Dual Loyalties. Available from: https://www.ncbi.nlm.nih.gov/books/NBK214853/ [6] See Kenneth G. Swan and K.G. Swan, Jr., “Triage: The Past Revisited,” Military Medicine 161:8 (1996): 448–452. https://doi.org/10.1093/milmed/161.8.448; Jerome A. Singh, “American Physicians and dual loyalty obligations in the ‘war on terror,’” BMC Medical Ethics 4.4 (2003): 1–10. https://doi.org/10.1186/1472-6939-4-4; Beam, Thomas E. "Medical Ethics on the Battlefield." Military Medical Ethics: Sect. IV. Medical ethics in the military. Medical ethics on the battlefield: the crucible of military medical ethics 2 (2003): 369-402; Hereth, Blake. "Health justice for unjust combatants." Journal of Military Ethics 20, no. 1 (2021): 67-81. https://doi.org/10.1080/15027570.2021.1949782. [7] See Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. Gross, Michael L. "Comradery, community, and care in military medical ethics." Theoretical medicine and bioethics 32 (2011): 337-350. https://doi.org/10.1007/s11017-011-9189-6. Gross, Michael L. "The limits of impartial medical treatment during armed conflict." In Military medical ethics for the 21st century, pp. 71-84. Routledge, 2016. [8] World Medical Association, WMA Declaration of Lisbon on the Rights of the Patient. 5 December 2022, https://www.wma.net/policies-post/wma-declaration-of-lisbon-on-the-rights-of-the-patient/ [9] Geneva Convention for the Amelioration of the Condition of Wounded, Sick in Armed Forces in the Field. 12 August 1949. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.30_GC-I-EN.pdf. [10] List, Justin M. "Medical neutrality and political activism: physicians' roles in conflict situations." In Physicians at war: The dual-loyalties challenge, pp. 237-253. Dordrecht: Springer Netherlands, 2008. 240 [11] Beauchamp, T., and J. Childress. 2013. Principles of Biomedical Ethics, 7th ed. Oxford, United Kingdom: Oxford University Press. [12] Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. [13] Gross, "Comradery, community, and care in military medical ethics," 347. [14] Gross, “Comradery, community, and care in military medical ethics,” 349. [15] Gross, Michael L. "When medical ethics and military ethics collide." Narrative inquiry in bioethics 13, no. 3 (2023): 199-204. 202 https://dx.doi.org/10.1353/nib.2023.a924191 [16] Our argument draws on virtue ethics, from which care ethics derives, and it is worth clarifying how our argument relates to Gross’s. We do not think that the virtue of friendship grounds triage decisions, for we think it is unlikely that the physician and wounded soldier are friends. Instead, as explained below, we think the collective virtue of group solidarity better captures the moral significance of group loyalty and that Gross would agree with us. But since military physicians are part of distinct groups, with competing obligations, the military physician will be forced to sacrifice a value in battlefield triage cases. In other words, we think Gross downplays the dual group membership of a military physician. [17] List,”Medical neutrality and political activism,” 250. [18] Adams,”Triage priorities and military physicians,” 235. [19] London, Leslie, Leonard S. Rubenstein, Laurel Baldwin-Ragaven, and Adriaan Van Es. "Dual loyalty among military health professionals: human rights and ethics in times of armed conflict." Cambridge Quarterly of Healthcare Ethics 15, no. 4 (2006): 381-391. 383. [20] Hursthouse, R. On Virtue Ethics. OUP 1999. 74 [21] Nussbaum, Martha C. "The costs of tragedy: Some moral limits of cost-benefit analysis." The Journal of Legal Studies 29, no. S2 (2000): 1005-1036, 1007. [22] De Wijze, S. (2005). Tragic-remorse–the anguish of dirty hands. Ethical theory and moral practice, 7(5), 453-471, 457. https://doi.org/10.1007/s10677-005-6836-x [23] Hursthouse, 73 [24] Hursthouse, 81 [25] Hursthouse, 72 [26] Aristotle, Politics 1253a8. Reeve, C. D. C., Indianapolis: Hackett Publishing Co., 2017 [27] Aristotle, Nicomachean Ethics. III.6.114a, 34-35. 2002, Nicomachean Ethics, Christopher Rowe (trans.), Oxford: Oxford University Press [28] Byerly, T. Ryan, and Meghan Byerly. "Collective virtue." The Journal of Value Inquiry 50, no. 1 (2016): 33-50. https://doi.org/10.1007/s10790-015-9484-y; Federico, Veronica. "Conclusion: solidarity as a public virtue." Solidarity as a Public Virtue (2018): 495-542. https://doi.org/10.5771/9783845290058. Rehg, William. "Solidarity and the common good: An analytic framework." Journal of Social Philosophy 38, no. 1 (2007): 7-21. https://doi.org/10.1111/j.1467-9833.2007.00363.x [29] Byerly and Byerly. "Collective virtue." 43 [30] Battaly, Heather. "Solidarity: Virtue or vice?." In Social virtue epistemology, pp. 303-324. Routledge, 2022. 304 [31] Ibid., 2011: 341 [32] It might be thought that displaying altruism by helping an enemy combatant at the expense of one’s fellow soldier may be psychologically satisfiying. For evidence that military physicians find it difficult to treat enemy combatants, see Lundberg, Kristina, Sofia Kjellström, Anders Jonsson, and Lars Sandman. "Experiences of Swedish military medical personnel in combat zones: adapting to competing loyalties." Military medicine 179, no. 8 (2014): 821-826. https://doi.org/10.7205/MILMED-D-14-00038. Lamblin, Antoine, Clément Derkenne, Marion Trousselard, and Marie-Ange Einaudi. "Ethical challenges faced by French military doctors deployed in the Sahel (Operation Barkhane): a qualitative study." BMC Medical Ethics 22 (2021): 1-13. https://doi.org/10.1186/s12910-021-00723-2 [33] Ibid., 2011: 344. (shrink)

Recent developments in social theory, and especially in movement research, have deepened our understanding of the self-instituting and self-transformative capabilities of society. However, as the case of Alain Touraine's notion of historicity shows, there is a real danger that social praxis is being reduced to the function of self-thematization and self-programming, enshrining society in a self-referential circle. Ideas of self-transcendence and the non-identity of society with itself cannot be adequately accounted for as long as full scope is not given to (...) the interpretive dimension of human articulation. Moreover, the human ability of self-reflexivity and critique and the recognition of self-transformative faculties are often and principally denied to those societies which do not fit into the framework of modernity, thus subverting claims of universality. Against this Johann Arnason has suggested a return to an anthropology of the social subject which, over and above the constituting faculties, foregrounds the hermeneutical ability of (self-)distantiation and broadens the reference of human action and interpretation, or, rather, transcends the idea of a specific referent: constitutive of the human condition is the opening towards other possibilities, the opening towards the world. What seems required is an interactional approach towards society and culture which takes difference as constitutional, for society as well as social theory, and not as something which can be relegated to a secondary level of complicating conditions. (shrink)

This article is intended to promote the role of culture in the conception of philosophy, upholding the notion that philosophy emerges from culture. In fact, thisattempt goes with the contention that philosophy does not subsist in a vacuum; philosophy requires a culture of human beings, capable of thinking and reasoning - a requirement that is universal and universalizable. In this context, the writer is compelled to exemplify this role, and maintain the case that Filipino philosophy emerges from a Filipino culture. (...) The Filipino is a human being with a capability that engenders one's Filipino identity. Hence, the recognition of this identity is indicative of the existence of a Filipino culture in which Filipino philosophy subsists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IntroductionGerhold K. BeckerThe concept of personhood has been a prime focus in contemporary bioethics. Three areas of ethical decision making in particular have been addressed through explorations into the conditions and criteria of personhood: the beginning and the end of human life and the morally relevant boundaries that separate human beings from nonhuman animals. Blending theology with science fiction, the scope of the latter area has been expanded further (...) to include entities ranging from gods, angels, and extraterrestrials all the way down to machines. Although the recognition of personhood traditionally has been based on metaphysical and ontological considerations about sets of (psychological and cognitive) person-making properties, the emphasis is now squarely placed on moral concerns. Simply put, from a moral perspective a person is someone morally considerable who is the subject of moral rights and merits moral protection. The implications of the conferral of person status for moral decision making in medicine, health care, and research are, however, less clear. Problems arise from the fact that the traditional concept of personhood is constituted by three rather different ideas. As David Wiggins has pointed out, the concept of personhood combines in a single focus the ideas of the person as object of science (biological, neurophysiological, and so forth), as subject of consciousness and experience, and as locus of value and moral attributes. It is therefore extremely difficult to neatly separate metaphysical personhood from moral personhood, and vice versa, and to draw morally relevant conclusions without continuously moving back and forth between the different constitutive factors. Thus, moral rights seem to presuppose moral agency, and moral agency is contingent on personal identity, which in turn presupposes some form of physical (including psychological) existence. It is obvious, that differences in the analysis of any one of these constituents of personhood will result in different conceptions of personhood with different implications for ethical decision making. Bioethical disputes about the moral status of human fetuses or of irreversibly comatose patients, as well as of the great apes [End Page 289] and other animals, are notoriously complex because they involve fundamental disagreements about personhood and the most promising strategies for their resolution. Although this has led some to question the usefulness of the concept of personhood for bioethics altogether, others seek remedy through the analysis of moral agency within the context of particular bioethical issues.The essays in this volume clearly reflect the current state of the bioethical debate on personhood and are representative of its major strands. They evolved from discussions at an international symposium on Bioethics and the Concept of Personhood at the Centre for Applied Ethics, Hong Kong Baptist University, May 1998, that explored the bioethical implications of the concept of personhood in a historical and cross-cultural perspective.In the opening essay, John Harris gives Locke’s concept of person a new twist by reading his list of criteria of personhood as preconditions of a being’s capability to value his or her own existence. The status of person is contingent upon the possession of the capacity to value one’s own existence; whoever is capable of such valuation is a person (as long such capacity actually exists) and makes moral claims on other persons. On this account, personhood is not co-extensive with human life or the human species, and even transcends other forms of organic life. Harris allows for the possibility that some machines in effect might qualify for person status. Although human life develops gradually and with it the capacity to value existence, Harris rejects both the potentiality argument and gradualism on the grounds that personhood is a “threshold” concept. Accordingly, proximity to the threshold is morally insignificant, and everything depends on actually crossing the threshold.Tom Beauchamp takes issue with what he sees as the dominant trend in contemporary bioethics to derive moral conclusions from metaphysical accounts of personhood. On his reading, metaphysical theories of personhood are abused in normative analysis by employing certain sets of psychological or cognitive properties to identify persons as bearers of moral rights. He argues that by themselves, without the incorporation of independent moral principles, such properties have no moral implications and cannot confer moral standing. Thus, a being may... (shrink)

Personalism is one of the philosophical perspectives which hold that the reality in person and the human person has the highest intrinsic value. This paper makes reference to Louis Janssens' eight criteria in adequate consideration of the human person but further argues that there is need to consider people as situated agents especially within gender relational perspectives. The paper identifies gender as an important social construction that shapes the consideration of the human persons within socio-spatial spheres. The main crux of (...) the paper is that there is a gender context of personalism and this has profound implications for bioethical agendas. Gender is part of the human condition, especially when we philosophically or sociologically engage the notion of equity and equality within the social system, because social realities in the relational perspective are not impartial, impersonal and equal. Gender does not determine morality but it plays a role in morality and expectations from moral agents. Women have been categorised as a sociological group because their integrity, freedom/autonomy and dignity (which are basic concerns of bioethics) are capable of being threatened. A gender perspective provides important incentives for moral theory which searches for possible conceptual imbalances or blind spots in ethical reflections. The paper refers to Sen's faces of gender inequality and expands on the notion that natality inequality is one of the fundamental levels of gender inequality, which in turn is the primary starting agenda in bioethics. The paper avers that the recognition of the fundamental importance of gender to the organization of social reality and the development of personal identities have important practical implications for bioethics. (shrink)

The first person singular is the nucleus on which all the other referential devices depend… The final point of reference, by which a statement is attached to reality, is the speaker's reference to himself, as one thing and one person among others… The world is always open to conceptual re-arrangement. But the re-arrangement is only the addition of new tiers of discrimination to a foundation that remains constant: the recognition of persisting things singled out by active observers who have (...) a statable standpoint as objects among other objects. It is in judgments of perception that the notion of identity, and principles of individuation, are given their earliest sense. That beings, who are capable of action and observation, are born into, and move among, a world of persisting objects is a logical necessity and not a contingent matter of fact.. (shrink)

This book examines cultural recognition and the struggle for identity in America's schools. In particular, the contributing authors focus on the recognition and misrecognition as antagonistic cultural forces that work to shape, and at times distort identity.

Madness is a complex and contested term. Through time and across cultures it has acquired many formulations: for some, madness is synonymous with unreason and violence, for others with creativity and subversion, elsewhere it is associated with spirits and spirituality. Among the different formulations, there is one in particular that has taken hold so deeply and systematically that it has become the default view in many communities around the world: the idea that madness is a disorder of the mind. -/- (...) Contemporary developments in mental health activism pose a radical challenge to psychiatric and societal understandings of madness. Mad Pride and mad-positive activism reject the language of mental 'illness' and 'disorder', reclaim the term 'mad', and reverse its negative connotations. Activists seek cultural change in the way madness is viewed, and demand recognition of madness as grounds for identity. But can madness constitute such grounds? Is it possible to reconcile delusions, passivity phenomena, and the discontinuity of self often seen in mental health conditions with the requirements for identity formation presupposed by the theory of recognition? How should society respond? -/- Guided by these questions, this book is the first comprehensive philosophical examination of the claims and demands of Mad activism. Locating itself in the philosophy of psychiatry, Mad studies, and activist literatures, the book develops a rich theoretical framework for understanding, justifying, and responding to Mad activism's demand for recognition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:On the Need for a New Ethos of White AntiracismShannon SullivanWhite people in this country will have quite enough to do in learning how to accept and love themselves and each other, and when they have achieved this—which will not be tomorrow and may very well be never—the Negro problem will no longer exist, for it will no longer be needed.—James Baldwin, The Fire Next TimeIn his classic manifesto (...) on race, The Fire Next Time, James Baldwin passionately urges black people not to retaliate against white people by attempting to debase or dominate them in return. The reason is that doing so would harm black people most of all. As Baldwin (1963, 113) assures his readers,I am very much concerned that American Negroes achieve their freedom here in the United States. But I am also concerned for their dignity, for the health of their souls, and must oppose any attempt that Negroes may make to do to others what has been done to them. I think I know—we see it around us every day—the spiritual wasteland to which that road leads.... I would not like to see Negroes ever arrive at so wretched a condition.Likewise, when Martin Luther King Jr., urged his black church members to love their white enemies rather than return their racial hate, he did so because he believed that “hate distorts the personality of the hater. We usually think of what hate does for the individual hated or the individuals hated or the groups hated. But it is even more tragic, it is even more ruinous and injurious to the [End Page 21] individual who hates” (King 1957). While Baldwin was an avowed atheist and King a Christian minister, both warned of the devastating effects of white racism on “the souls of white folk,” and they pleaded and preached that black people should not stoop to white people’s debased level.1 Out of all the damage that white racism has done to African Americans and other people of color, the most damaging of all would be for it to turn them into the debilitated, deplorable people that white folk generally are.We might say that on Baldwin’s (and perhaps also King’s) view, white people are the truly “wretched of the earth” (Fanon 1965). It has been argued that white racism has cost white people their capability for intimacy, their affective lives, their authenticity, their sense of connection to other people, and their spiritual selves (Segrest 2001, 65). These claims are not an attempt to trump or erase the enormous physical, psychological, economic, spiritual, and other types of pain that white people have caused people of color around the world. They instead are a recognition that white people’s attempts to gain material riches and political power through the domination of people of color have impoverished and depleted their own souls. White people qua white are ill in that their racial habits largely have been built out of greed, hatred, jealousy, fear, and cruelty. Their psychosomatic health has suffered and continues to suffer because of their toxic racial identities.So much the worse for white people, we might think. But although understandable, this response would be misguided since white people’s psychosomatic depletion has implications for the well-being of others. Put succinctly, white people’s unhealthiness helps fuel their abuse and domination of people of color. It thus matters to struggles for racial justice whether white people are psychosomatically healthy and strong. It matters which affects, emotions, and passions fund white people’s actions in general, and their work for racial justice in particular. In this paper, I will draw from Friedrich Nietzsche, Teresa Brennan, and other scholars to explain the ontological and power-full aspects of affect, touching briefly on the toxicity of white guilt and shame and focusing especially on the healthiness of what Nietzsche calls a bestowing self-love. I will argue that in the context of white people’s contributions to racial justice movements, a positive effect of their bestowing self-love is that white people will be more likely and better able to clean up their own house... (shrink)

L’admiration de Paul Ricoeur pour Merleau-Ponty est connue, lui qui entendait donner à la Phénoménologie de la perception sa « contrepartie pratique » avec le premier tome de la Philosophie de la volonté, Le Volontaire et l’involontaire. Il faut d’emblée s’étonner que celui-ci n’ait pas reconnu la teneur pratique de la philosophie de son aîné, dont les diverses analyses au Collège de France, et en particulier l’intérêt marqué de Merleau-Ponty pour la pensée marxiste comme philosophie de l’homme charnel, et le (...) motif naturaliste de l’être agissant et souffrant à partir de 1956, font état. Car c’est bien depuis ce motif que Ricoeur, en 2004, expose le parcours de la reconnaissance : de l’homme agissant et souffrant, à l’homme capable. L’enjeu, nous semble-t-il alors, de ces deux philosophies en leur dimension pratique se résume aisément par les exigences formulées par Paul Ricoeur dans l’ouvrage Soi-même comme un autre, en particulier lorsque celui-ci se donne pour but de « déterminer les traits nouveaux de l’ipséité correspondant à la pratique politique » – détermination du Soi agent qui se dessine, au dire même de l’auteur, à la croisée d’une phénoménologie de l’agir et d’une ontologie du Soi. En effet, comme le souligne Ricoeur, l’effacement paradoxal de la question de l’ipséité dans la philosophie morale kantienne, entre autres, s’explique par l’absence d’une telle théorie de l’action. En bref, le « Je veux » analysé en 1950 par Ricoeur s’ancre dans un « Je peux », qui ne se limite jamais au seul plan spatial chez Merleau-Ponty. Ainsi, à la figure phénoménologique de nos expériences de la passivité correspond la catégorie ontologique de l’altérité, mentionnée par l’expression du Visible et de l’invisible reprise en titre de cet article et dont l’attribution à Ricoeur ne choquerait pas.Paul Ricoeur’s admiration for Merleau-Ponty is well-known given that he presented his “practical counterpart” to the Phenomenology of Perception in the form of his Freedom and Nature: The Voluntary and the Involuntary. One is immediately surprised that this is not recognized as the practical content of his predecessor’s philosophy given the diverse analyses at the Collège de France of which, in particular, the marked interest Merleau-Ponty had in Marxist thought as the philosophy of the fleshly human being, as well as the naturalist motif of the active and suffering being beginning in 1956, are part. For, it is due to this motif that Ricoeur, in 2004, presents the trajectory of recognition: from the active and suffering human being to the capable human being. As we see them, the stakes in these two philosophies, as far as their practical dimensions are concerned, are easily summarized by the requirements Paul Ricoeur formulated in his work, Oneself as Another. This is particularly the case given that this text has for its aim, “determining the new traits of individual identity which correspond to practical politics” – the determination of Self as a self-designing agent, which, according to the author, lies at the intersection of a phenomenology of action and an ontology of the Self. In fact, as Ricoeur himself underlines, the paradoxical effacement of the question of ipseity in Kantian moral philosophy, among others, is explained by the absence of just such a theory of action. Briefly, the “I want” analysis by Ricoeur in 1950 is anchored in the “I can,” which is never limited to the single spatial outline we find in Merleau-Ponty. Thus, to the phenomenological figure of our experiences of passivity correspond the ontological category of alterity, as mentioned in the phrase from The Visible and the Invisible taken up in the title of this article and which it would not be shocking to attribute to Ricoeur.È ben nota l’ammirazione di Paul Ricoeur per Merleau-Ponty: col primo tomo della Philosophie de la volonté, intitolato Le Volontaire et l’involontaire, Paul Ricoeur intendeva offrire alla Fenomenologia della percezione una vera e propria “contropartita pratica”. Ma è singolare il fatto che Ricoeur non abbia riconosciuto il risvolto pratico presente nella filosofia del suo predecessore, risvolto ampiamente attestato nei corsi merleau-pontyani al Collège de France e in particolare nelle lezioni che pongono al centro delle loro analisi il pensiero marxista come filosofia dell’uomo carnale e il motivo naturalistico dell’uomo agente e dell’uomo sofferente almeno a partire dal 1956. È proprio prendendo le mosse da questo motivo che Ricoeur nel 2004 espone quanto definisce come il percorso del riconoscimento: dall’uomo agente e dall’uomo sofferente all’uomo “capace”. La posta in gioco, ci sembra, di queste due filosofie, considerate nella loro dimensione pratica, si riassume facilmente nelle esigenze che Ricoeur formula nel suo libro Sé come un altro, in particolare quando si assegna il compito di “determinare i tratti peculiari dell’ipseità corrispondente alla pratica politica” – cioè di determinare i tratti di quel Sé agente che si delinea, a dire dell’autore stesso, al crocevia tra una fenomenologia dell’agire e un’ontologia del Sé. In effetti, come sottolinea Ricoeur, la paradossale cancellazione dell’ipseità operata dalla filosofia morale kantiana si spiega tra l’altro con l’assenza di una adeguata teoria dell’azione. In breve, l’“Io voglio” analizzato da Ricoeur nel 1950 si àncora in un “Io posso” che non si limita mai, in Merleau-Ponty, al solo piano spaziale. Così, alla figura fenomenologica delle nostre esperienze di passività, corrisponde la categoria ontologica dell’alterità, che proprio Il visibile e l’invisibile menziona con l’espressione che noi riprendiamo nel titolo di questo articolo e che ci si aspetterebbe essere anzitutto ricoeuriana. (shrink)

The phenomenologist Gerda Walther posits the possibility of a new social act, which she terms telepathy. It is marked by an intimate in-terpersonal union in which ego and alter ego become capable of sharing in the identical lived experience, though distant from one another. Here, there is no fusion or collective identi????ication; rather, in-dividuals, though they live the experience and mind of the other, never lose or transcend their own individuation. Unlike the act of empathy, there is no analogical transfer. (...) This article defends the possibility of a restricted sense telepathy. The author argues that four conditions must be ful????illed for telepathy to occur: recognition of a social drive; a partially willed act of mind that results in the assump-tion of a certain stance, but it also comes upon us as an experience; constitution of subjects as persons marked by a “fundamental es-sence”; and I-splitting. (shrink)

Kant’s account of moral feeling is continually disputed in the secondary literature. My goal is to focus on the Religion and make sense of moral feeling as it appears in this context. I argue that we can best understand moral feeling if we note its place in Kant’s concerns about the possibility of moral conversion. As Kant notes, if the new, morally upright man is of a different character than the man he used to be, then it remains unclear how (...) the new man can properly bear the debts of his old self. To address this issue, we need the presupposition that a person is both continually conscious of her empirical, bodily identity and capable of experiencing a felt recognition of the moral law; without this presupposition, I argue that fair punishment and the just payment of evil debts is impossible. (shrink)

There are resources in Heidegger’s work for identifying and mitigating pervasive modes of misrecognition that are characteristic of modern society, and, by identifying them, we become capable of attending to “supplementary” aspects of authenticity: terms of identity should apply to all in the same way, and, because these terms are a product of all, they are the responsibility of each individual. The first section analyses Being-guilty, Dasein-with, and Being-with to emphasise Dasein’s dependence on others, arguing that the dynamic of (...) class='Hi'>recognition characteristic of Dasein implies a responsibility for recognising the other adequately. The second identifies common modes of misrecognition, arguing that these modes imply a shared responsibility for the contexts of recognition in which we participate. The third turns to Sartre’s work, arguing that our interpersonal relations offer resources for correcting our inadequate ways of recognizing one another and for recognizing the fundamental place of communication in the realization of human freedom. (shrink)

En France, les personnes issues des minorités, principalement d'origine extra-européenne , sont susceptibles de connaître la discrimination, la stigmatisation mais aussi l'exclusion. La télévision, en tant que « lieu de reconnaissance », constitue un enjeu important pour ces populations. Cependant, le petit écran semble marginaliser depuis toujours ces minorités visibles non seulement en leur laissant une place limitée à l'antenne mais aussi en leur renvoyant des images majoritairement caricaturales et dévalorisantes d'elles-mêmes. Une enquête qualitative auprès de 43 individus d'origine africaine (...) et antillaise montre que les minorités sont capables de mettre en place des réactions défensives ou stratégies identitaires afin de réduire le décalage certain entre leur identité sociale - souvent dépréciatrice - et leur identité personnelle , prenant les médias comme ressources pour l'action.In France, persons belonging to minorities, mainly non-European origin , are likely to experience discrimination, stigmatization but also exclusion. Television as a "place of recognition," is an important issue for these people. However, the small screen seems to marginalize always visible minorities by giving them not only a limited role in the antenna but also by returning images mostly caricatures and demeaning to themselves. A qualitative survey of 43 individuals of African and Caribbean origin shows that minorities are able to implement defensive reactions or identity strategies to reduce the gap between some social identity - often dépréciatrice - and their personal identity , taking the media as resources for action. (shrink)

Prior research suggests that the action system is responsible for creating an immediate sense of self by determining whether certain sensations and perceptions are the result of one's own actions. In addition, it is assumed that declarative, episodic, or autobiographical memories create a temporally extended sense of self or some form of identity. In the present article, we review recent evidence suggesting that action (procedural) knowledge also forms part of a person's identity, an action identity, so to speak. Experiments that (...) addressed self-recognition of past actions, prediction, and coordination provide ample evidence for this assumption. The phenomena observed in these experiments can be explained by the assumption that observing an action results in the activation of action representations, the more so, when the action observed corresponds to the way in which the observer would produce it. (shrink)

Defining the features of ubuntu in the context of African philosophy, is basically about the quest for a definitive means of culturally expressing what seems primal, unique, useful, and common to the Africans in relation to the world. Put simply, the quest to clarify the key features of ubuntu is to some extent a search for the African self-concept or identity for effective global interconnectedness of the races. This is to be done in a way that defines and sustains the (...) ontology and essence of the Africans, as a people who know who or what they are, and what they are capable of contributing to the world. A search for the values of ubuntu is the pursuit of a new way of doing things: a quest for a new definition of social justice in which all people, particularly the Africans and their beliefs will be given due recognition and respect in the global order. Legitimizing of ubuntu is in a way the repudiation of the colonial history of the African continent; the aggressive and relentless pursuit of the decolonization of all African spaces-economic, cultural, political, moral, intellectual, and so on. So, in summary, ubuntu is framed philosophically as a platform for liberating the Africans from all manners of peonage, domination, oppression, and exploitation both from within or outside the continent and establishing a basis for interrelations with the world. (shrink)

Biometric identity systems are now a prominent feature of contemporary law enforcement, including in Europe. Often advanced on the premise of efficiency and accuracy, they have also been the subject of significant controversy. Much attention has focussed on longer-standing biometric data collection, such as finger-printing and facial recognition, foregrounding concerns with the impact such technologies can have on the nature of policing and fundamental human rights. Less researched is the growing use of voice recognition in law enforcement. This (...) paper examines the case of the recent Speaker Identification Integrated Project, a European wide initiative to create the first international and interoperable database of voice biometrics, now the third largest biometric database at Interpol. Drawing on Freedom of Information requests, interviews and public documentation, we outline the emergence and features of SiiP and explore how voice is recognised and attributed meaning. We understand Speaker Identification Integrated Project as constituting a particular ‘regime of recognition’ premised on the use of soft biometrics to disembed voice in order to optimise for difference. This, in turn, has implications for the nature and scope of law enforcement, people's position in society, and justice concerns more broadly. (shrink)

In this paper, I make a case for the view that we have special relationship duties (also known as “associative duties”) that are not identical to or derived from our non-associative impartial moral obligations. I call this view “moral partialism”. On the version of moral partialism I defend, only loving relationships can normatively ground special relationship duties. I propose that for two capable adults to have a loving relationship, they must have mutual non-trivial desires to promote each other’s interests or (...) flourishing and to respect each other’s core values. Along the way, I critically ascertain three alternative accounts of what normatively grounds special relationship duties and argue that my proposed view avoids the problems plaguing the alternatives. (shrink)

This book examines cultural recognition and the struggle for identity in America's schools. In particular, the contributing authors focus on the recognition and misrecognition as antagonistic cultural forces that work to shape, and at times distort identity.

The purpose of this article is to incorporate trans‐national actors and institutions into citizenship theory both theoretically and empirically. We analyze three cases of recognition movements promoting gender, ethnic/minority and indigenous rights. Using one societal context, Sweden, we map the processes and mechanisms of power and agency (boundary‐making and brokering) that shape how trans‐national institutions and actors offer new forms of leverage politics to recognition movements as well as constrain their agency. These mechanisms of power are formalized in (...) a model showing the multi‐level effects of leverage politics on recognition movements. Our three cases of recognition politics demonstrate the increasingly complex links between actors in policy communities across regional, national, European and international levels. They also reveal the processes implicit in our model: that policy imports are reframed when translated into specific national political cultures; and more broadly, that national citizenship frames of membership and inclusion are not easily dislodged. (shrink)

6. The Method of Equality: Politics and Poetics, by Jacques Rancière -- 7. Of the Poverty of Our Liberty: The Greatness and Limits of Hegel's Doctrine of Ethical Life, by Axel Honneth -- Notes -- Bibliography -- Index.

Famous for his declaration on the end of history after free-market liberaleconomy triumphed over communism at the end of the Cold War, FrancisFukuyama is back to elucidate on the recent rise of identity politics inthe second decade of the twenty-first century. Starting with the vote bythe British electorate to leave the European Union, we have seen therise of more populist leaders such as Donald Trump, Viktor Orban, andGeert Wilders using the rhetoric of identity to rile up voters. While thereis a (...) growing body of literature on the subject, what Fukuyama does bestis explaining a complex phenomenon in a simple yet elegant prose tomake his arguments digestible to a wider audience and thus, helpinghim make a case on the danger of ignoring identity politics and its roots. (shrink)