My paper will explore boundaries and rights, the public and the private, as to the enforcement of religious legal rules in societies self-consciously founded on Islamic law. I employ as my case-study legal and social controversies aroused by the Saudi Hay’at al-amr bi-al-ma`ruf wa-al-nahy `an al-munkar, the government agency charged with “ordering the good and forbidding the evil.” The paper will first lay out some of the laws fixing the powers of the Hay’at, including various statutes issued by (...) the king but, of equal or greater importance, the received medieval fiqh rules governing the muhtasib . Focus shall be on an issue much debated in the classical law and also a long-time bone of contention in Saudi society, namely the legal limits on the powers of the Hay’at to investigate and punish immoral acts occurring in private. Limits on such powers stem from two sources, both in the law and in social understandings of that law. One source, the more prominent in public debate, concerns revelatory and fiqh and related social norms against spying or prying into people’s behavior and against undue attempts to expose people’s sins. Notably, however, this restriction affects only enforcement. The pervasiveness of laws considered to arise from the relationship of the individual to God still stands. A solitary immoral act performed in privacy can still be a sin and a crime, and punishable if it is somehow legitimately known and proved . The second source of restrictions is more far-reaching, going beyond issues of investigation and proof. As held by the majority of scholars, the Hay’at may not compel or forbid any actions for which the religious-legal ruling is under classical law a matter of legitimate difference of scholarly opinion; or inversely, the Hay’at may compel or forbid only those actions as to which there is a divine command known to a certainty either from a revealed text or from the consensus of scholars. A commonly noted abuse by the Hay’at in Saudi Arabia has been to attempt to enforce rules lacking requisite certainty, such as requiring veiling of the face. Rules known to a certainty have a pervasive role in Islamic constitutional theory. In principle, such rules must be enforced, regardless of whether they concern matters other societies may consider individual or private, such as changing one’s religion. Rules lacking that high degree of certainty cannot – without separate justification on grounds other than religious text – define sins or crimes or be enforced as general rules by the state. Though seemingly scholastic and philosophical, this restriction is potentially crucial in defining a realm of individual autonomy in religious matters and shaping the boundary between public and private in societies self-consciously founded in Islamic law. It is important to examine to what extent the restriction is reflected in legal and social practice in such societies. (shrink)

Conceptions of citizenship which rest on an abstract and universal notion of the individual founder on their inability to recognize the political relevance of gender. Such conceptions, because their ‘gender-neutrality’ has the effect of excluding women, are not helpful to the project of promoting the full citizenship of women. The question of citizenship is often reduced to either political citizenship, in terms of an instrumental notion of political participation, or social citizenship, in terms of an instrumental notion of economic (in)dependence. (...) The paper argues for the recognition of citizenship as gendered, and as an ethical, that is non-instrumental, social status which is distinct from both political participation and economic (in)dependence. What unites us as citizens, in our equal membership of the political community, need not rely on a conception of us as ‘neutral’ (abstract, universalized, genderless) individuals undertaking one specific activity located in the public realm, but can take account of the diverse ways in which we engage in ethically-grounded activities on the basis of our different genders, ethnic and cultural backgrounds and other differences, in both the public and private realms. A convincing feminist conception of citizenship necessarily involves a radical redefinition of the public/private distinction to accommodate the recognition of citizenship practices in the private realm. The paper builds on the observation that the concept of ‘citizenship’ is broader than the concept of ‘the political’ (or ‘the social/economic’), and contends that feminism provides us with the emancipatory potential of gendered subjectivity, which applies to both men and women. The recognition of gendered subjectivity opens the way to the recognition of the diversity of citizenship practices. It is not that women need to be liberated from the private realm, in order to take part in the public realm as equal citizens, but that women – and men – already undertake responsibilities of citizenship in both the public and the private realms. (shrink)

The public and private distinction is essential to our moral and political vocabularies as it continues to structure our social and legal practices. Public and Private provides a multidisciplinary perspective on this distinction which has been at the centre of controversial debate in recent years. The focus of the debate has been on delineating acceptable boundaries between public and private in economic, social and cultural spheres. What is the nature and scope of citizenship? What (...) are the implications of new reproductive technologies? And what is the fate of state sovereignty in a globalised world economy? At first glance these questions may appear unrelated, yet they all raise underlying and serious concerns regarding the scope and proper boundaries between the public and the private. Public and Private will stimulate the current debate with its original approach and provide a valuable resource for all those interested in the role the public and private play in structuring our societies. (shrink)

The arrival of Covid-19 in 2020 brought severe disruption to our public and our private lives, and also to ordinary normative boundaries we maintain between the two which we had previously taken fo...

This article draws analogies between the making of norms by contract, often seen as typical of private law, and by subordinate law-making, often seen as a typically public function and for public bodies. These analogies are set in the context of those rules which govern the relations between universities and their students, as the same types of rule may find their source in a range of legal sources: prescription, royal charter, parliamentary legislation or contract. Of these different (...) sources, the common law courts long accepted that chartered corporations, created by exercise of royal prerogative, were entitled to make subordinate legislation (known as byelaws) for the furthering of their purposes for both members and non-members, despite this law-making being extra-parliamentary. This article suggests how this power to make byelaws in chartered corporations may apply to chartered universities, noting the difficulties arising from the allegedly eleemosynary nature of these bodies and from the possible coexistence of statutory powers. It then examines the way in which the contract between a student and a university arises, and how this contract may form the legal basis of student rules, whether these rules are conceived as terms of the contract itself or as expressions of a unilateral power in the university arising from the contract. A subsequent article will compare the review of student rules on the grounds of public law principle and of contractual regulation. (shrink)

Han Fei was a central figure in Chinese Legalism, which was a leading school of thought in the Warring States period of China, and which left a huge imprint on political culture in imperial China. This article examines the complex duality of public and private interests in Han Fei’s political thought, a crucial aspect of his thinking. I argue that Han Fei adopted a sophisticated statist approach to understanding public and private interests. For Han Fei, (...) class='Hi'>public interests are embodied in the state while private ones have dual functions. On the one hand, private interests threaten public ones by inviting corrupt material interests, personal morality, and knowledge, as well as human relationships. On the other hand, self-centered human psychology plays a dialectic role in strengthening the state. (shrink)

This collection provides a fresh and wide-ranging assessment on the changing nature of the public-private debate. For the first time, eight essays by scholars provide insight into this issue from a number of disciplinary perspectives. The focus of recent debates on this topic has been the delineation of acceptable boundaries between the public and the private in the economic, social and cultural spheres of modern societies. Tough questions are raised pertaining to the nature and scope of (...) citizenship, privacy rights, the implications of new reproductive technologies, and the fate of state sovereignty in the context of a globalized world economy. All of these issues discussed in this book bring serious concerns about the distinction between public and private to light. (shrink)

Dynamic Epistemic Logic (DEL) is the study of how to reason about knowledge, belief, and communication. This paper studies the relative expressivity of certain fragments of the DEL language for public and private communication. It is shown that the language of public communication with common knowledge and the language of private communication with common knowledge are expressively incomparable for the class of all pointed Kripke models, which provides a formal proof that public and private (...) communication are fundamentally different in the presence of common knowledge. It is also shown that single-recipient private communication does not add expressive power to the language of modal logic with common knowledge for any class of transitive pointed Kripke models. The latter result provides a sense in which positive introspection—believing our own beliefs—induces a kind of self-dialog. (shrink)

How far can we apply the same moral principles to both public and private behaviour. In the interests of effective political action, are we right to accept acts of deceit, exploitation or force which we would regard as unacceptable in private relations with individuals? What means can be properly adopted in the promotion of great public causes? The problem of 'dirty hands' in politics was posed most strikingly by Machiavelli. It has re-emerged this century in a (...) pressing and, to some extent, a new form, in connection with the two World Wars and more recently the Vietnam War, where the political decisions and the destruction, and risks of destruction, have been of a scale and character not previously experienced. The contributors, including Bernard Williams, Thomas Nagel, T. M. Scanlon, and Ronald Dworkin, examine the background to this problem in moral and political theory. (shrink)

A thoughtful addition to the growing debate over public and private morality. Looks at lying and deception in law, family, medicine, government.

The Tanner Lectures are a collection of educational and scientific discussions relating to human values. Conducted by leaders in their fields, the lectures are presented at prestigious educational facilities around the world.

This paper discusses through the prism of psychoanalysis some specific peculiarities of the poetics of the American artist Félix González-Torres. In particular, the text seeks to highlight how the concept of “burial work”, taken here from the work of the French psychoanalyst Pierre Fédida, is central to understanding the ways in which González-Torres has been able to hold together public and private, autobiographical experience and the involvement of the spectator in order to construct a shared memory that develops (...) along the lines of dynamism and imprecision, renouncing common expectations of the representation of a memory. (shrink)

Background:Researchers study climate to gain an understanding of the psychological environment of organizations, especially in healthcare institutions. Climate is considered to be the set of recurring patterns of individual and group behaviour in an organization. There is evidence confirming a relationship between ethical climate within organizations and job satisfaction. Objectives: The aim of this study is to describe organizational climate for nursing personnel in public and private hospitals and to confirm the relationships among the climate variables of such (...) hospitals. Materials and methods: A correlational study was carried out to measure the organizational climate of one public hospital and two private hospitals in Granada. The Work Environment Scale was used for data collection. The Work Environment Scale includes 10 scales, ranging from 0 to 9, which were used to evaluate social, demographic and organizational climate variables. In this study, 386 subjects were surveyed in three hospitals. Results: A total of 87% of the participants were female and 16% were male. Most participants were nurses (65.6%), followed by nursing aides (20%), and technicians (14.4%). The results obtained reflected different patterns of organizational climate formation, based on hospital type (i.e. public or private) within the Spanish context. Most of the dimensions were below the midpoint of the scale. Discussion and conclusions: In conclusion, in public hospitals, there is a greater specialization and the organizational climate is more salient than in the private hospitals. In addition, in the public hospitals, the characteristics of the human resources and their management can have a significant impact on the perception of the climate, which gives greater importance to the organizational climate as decisive of the ethical climate. (shrink)

These essays, by widely respected scholars in fields ranging from social and political theory to historical sociology and cultural studies, illuminate the significance of the public/private distinction for an increasingly wide range of ...

Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P (...) the plaintiff, against D the defendant. It is brought, as the Americans properly have it, by ‘the People’, or by ‘the Commonwealth’, against the defendant. This is a useful way in which to think about crimes and criminalisation. This chapter tries to develop this conception of public wrongs a little further, which also involves complicating it more than a little. It works from a version of liberal communitarianism that rejects the metaphysical version of the individualist's ‘unencumbered self’; but the account sketched here should be compatible with all but the most radically individualist kinds of liberal theory. (shrink)

동아시아 근대 전환기 도덕 개념의 의미 변화를 드러내는 지표 가운데 하나로 공덕ㆍ사덕 담론을 들 수 있다. 덕의 의미망을 통시적으로 고찰해보면 그 범위를 사적 영역과 공적 영역으로 분리한 용례는 19세기말에 이르러 나타나는 근대적 현상이다. 종래 사덕은 사사로운 정이나 은혜를 가리켰으며, 공덕은 어떤 인물의 덕이나 공적의 의미로 쓰였기 때문이다. 한국 근대 공덕과 사덕 담론은 량치차오의 『신민설』에서 영향 받은 바 크다. 그런데 「논공덕」과 「논사덕」은 메이지 일본에서 국가ㆍ제도적으로 진행된 공덕 양성 운동에서 모티프를 따온 것으로 판단된다. 일본은 만세일계의 천황제를 공고히 하고 국가에 충성하는 국민의 자질로 (...) 공덕을 강조했다. 량치차오는 중국의 유교가 사덕에 치우치고 공덕은 결여되었다고 진단하면서 신민이 지녀야할 정신의 핵심으로 애국심을 꼽았다. 「논사덕」에서는 중국의 고유한 문화적 자산의 효용과 사덕이 공덕의 기반이 된다는 점을 들어 유교에 관한 입장을 선회하였지만, 국가 이익에 복무해야한다는 도덕 효용성의 관점을 폐기한 것은 아니었다. 대한제국기 신문과 잡지의 논설은 일본과 양계초의 논조를 수용하여 근대 국가 수립의 장애물로 공덕의 결핍을 지목하였다. 이때 공덕은 개인의 영역을 넘어 선 ‘대아’, ‘신국민’이 지녀야할 국가사상과 국민정신을 가리켰다. 한편으로 공덕은 개인과 가족, 국가 사이의 ‘사회’라는 공적 영역의 탄생과 맞물려 있으나 20세기 초반 동아시아 공덕 담론은 민족과 국가에 대한 충성과 애국심으로 수렴되는 양상을 보였다. 동아시아 근대 공덕ㆍ사덕 담론은 도덕 개념의 근대적 의미 변화를 확인할 수 있는 중요한 지표로써 효용성을 앞세운 타산적 근대성에 대한 성찰을 요청한다. (shrink)

This book is the culmination and synthesis of Viscusi's distinguished work in the social regulation of risk.

This paper raises questions concerning Ted Morris’ interpretation of Hume’s notion of meaning and investigates the private and public aspects of Hume’s notion of meaning.

For Wittgenstein, philosophy was an on-going activity. Only in his dialog with the philosophical community and in his private moments does Wittgenstein's philosophical practice fully come to light.

High-profile political scandals are symptomatic of a profound transformation of the relations between public and private life that has accompanied and helped to shape the development of modern societies. While the distinction between public and private life is not unique to modern societies, the emergence of new media of communication, from print to radio, television and the internet, has altered the very nature of the public, the private and the relations between them. Both the (...) public and the private have been reconstituted as spheres of information and symbolic content that are largely detached from physical locales and increasingly interwoven with evolving technologies of communication, creating a very fluid situation in which the boundaries between public and private are blurred, porous, contestable and subject to constant negotiation and struggle. The shifting boundaries between public and private life have become a new battleground in modern societies, a contested terrain where individuals and organizations wage a new kind of information war, a terrain where established relations of power can be challenged and disrupted, lives damaged and reputations sometimes lost. (shrink)

This article examines the treatment of women in flight from domestic violence at the U.S. – Mexico border. It compares the robust state protections available to domestic violence victims in the interior of the country with the hostile landscape women encounter at the border. The article draws on three sources for information about the treatment at the border of domestic violence victims: an in-depth case study of one woman’s experience of domestic violence and flight, a small data set of domestic (...) violence victims detained in the Eloy Detention Center in Arizona during 2010 and 2011, and a detailed analysis of the policies and practices at play when a woman in flight from domestic violence comes to the U.S. border. From these sources, a grim picture emerges that may surprise many. Women fleeing violence whose lives entangle with the border confront a bureaucracy and justice system that harkens back to the time, 50 years ago, when domestic violence was seen as a private matter about which there was little the government could or should do to respond.Building on this descriptive account, the article draws on political theories of citizenship and membership to highlight the moral and legal inconsistencies between the immigration policies of the United States and its national values and commitments regarding violence against women. It suggests that language about the “private” nature of the violence at issue for women in flight from domestic violence should not be used to cloak underlying concerns about immigration admissions policies. Transparent discussion of the considerations at issue lays bare the irrationality of applying fundamentally different conceptions of domestic violence depending on which side of the geographic border it occurs. (shrink)

Most conceptions of public and private life within political and social theory do not adequately consider the networks or fluidities involved in contemporary social relations. The distinction of public and private is often conceived of as statically `regional' in character. This article, following an extensive analysis of the multiple meanings of the `public' and `private', criticizes such a static conception and maintains that massive changes are occurring in the nature of both public and (...) private life and especially of the relations between them. We consider flows and networks that enable mobility between and across apparent publics and privates. These mobilities are both physical (in the form of mobile people, objects and hybrids of humans-in-machines) and informational (in the form of electronic communication via data, visual images and texts). We consider the transformations of public and private life that have arisen from `complex' configurations of place and space: the dominant system of car-centred automobility whose spatial fluidities are simultaneously private and public; and various globalizations through the exposure of `private' lives on public screens and the public screening of mediatized events. These mobile, machinic examples demonstrate the limitations of the static, regional conceptualizations of public and private life developed within much social and political theory, and suggest that this divide may need relegation to the dustbin of history. (shrink)

Commentators on John Broome's Tanner Lecture. The Tanner Lectures are a collection of educational and scientific discussions relating to human values. Conducted by leaders in their fields, the lectures are presented at prestigious educational facilities around the world.

James Collins writes that some modern philosophers have not been given revisionary treatment by their critics.This is the case with Wolff, Bentham, and Comte, who are held fast in their respective categories of rationalism and utilitarianism and positivism, with only minor flurries of research aimed at reconsidering them from a fresh angle.Fortunately, Bentham's day has now come, and we have in David Lyons’ In the Interest of the Governed, a major new interpretation. Lyons permits us to continue to call Bentham (...) a “utilitarian,” but we have to revise what we understand by the term in this context. (shrink)

Frames of Deceit is a philosophical investigation of the nature of trust in public and private life. It examines how trust originates, how it is challenged, and how it is recovered when moral and political imperfections collide. In politics, rulers may be called upon to act badly for the sake of a political good, and in private life intimate attachments are formed in which the costs of betrayal are high. This book asks how trust is tested by (...) human goods, moral character, and power relations. It explores whether an individual's experience of betrayal differs totally from that of a community when it loses and then seeks to recover a vital public trust. Although this is a work of political philosophy it is distinctive in examining three literary texts--Sophocles' Philoctetes, Shakespeare's Troilus and Cressida, and Zola's The;rèse Raquin--in order to deepen our understanding of the place of trust in morality and politics. (shrink)

Ethical maturity is a great concern to all educators, firms, and investors across the globe. This research surveyed 448 citizens, managers and employees in Iran to measure their Personal Business Ethics Scores (PBES) to see if age, education, management experience, and government work experience make a difference in making more ethical decisions. This study contributes to the theory of moral development across the Iranian culture as it is the first known study using this method. The results suggest that education and (...) more years of government work experience make a difference in the moral maturity of respondents. This study confirms that the ethical maturity of respondents is enhanced either through the authoritarian regime or socialization with Islamic values. Kohlberg’s moral development theory regarding ethical maturity is partially supported since those with more years of experience in government and more formal education have higher business ethics scores. Implications are discussed. (shrink)

Listening closely to the religious pitch in Rousseau's voice, Cladis convincingly shows that Rousseau, when attempting to portray the most characteristic aspects of the public and private, reached for a religious vocabulary. Honoring both love of self and love of that which is larger than the self--these twin poles, with all the tension between them--mark Rousseau's work, vision and challenge--the challenge of 21st-century democracy.