One of the central issues in comparative law and political economy is whether the forces of globalization will result in the convergence of public policies across countries. Noting in particular that taxes collected still cover a considerable range across industrialized countries — from a low of 20% of GDP to a high of 50% — some have argued that globalization has not resulted in a loss of tax sovereignty. However, following a review of the evidence, in this Article we conclude (...) that globalization has had significant but subtle effects on tax levels and structures. Moreover, these pressures will make it increasingly difficult for countries to raise revenue to finance new public needs and to structure their tax systems in order to achieve a more socially acceptable distribution of income than what market forces dictate. Tax levels in most countries have remained essentially flat over the past twenty years, but there is a host of reasons for thinking they would have continued to rise were it not for the pressures of globalization. Statutory corporate tax rates have declined dramatically and, although corporate tax revenues have remained robust, this has been due to factors unrelated to deliberate tax policy choices. Personal marginal tax rates have also declined sharply and tax revenues have been increasingly raised by regressive consumption taxes. These trends stem from tax competition brought on by the forces of globalization, not from changing ideas or other political variables. In this Article we conclude that in order to prevent tax competition from completely eroding the ability of countries to fashion their own tax systems, there will have to be considerable cooperation among the major countries and some harmonization of aspects of their tax systems, particularly as they apply to footloose factors of production. (shrink)

The determination of death by neurological criteria—“brain death”—has long been legally established as death in all U.S. jurisdictions. Moreover, the consequences of determining brain death have been clear. Except for organ donation and in a few rare and narrow cases, clinicians withdraw physiological support shortly after determining brain death. Until recently, there has been almost zero action in U.S. legislatures, courts, or agencies either to eliminate or to change the legal status of brain death. Despite ongoing academic debates, the law (...) concerning brain death has remained stable for decades. However, since the Jahi McMath case in 2013, this legal certainty has been increasingly challenged. Over the past five years, more families have been emboldened to translate their concerns into legal claims challenging traditional brain death rules. While novel, these claims are not frivolous. Therefore, it is important to understand them so that we can address them most effectively. (shrink)

A reply to five critical discussions of _Meaning in Life: An Analytic Study_ (2013).

In this article I articulate and defend an African moral theory, i.e., a basic and general principle grounding all particular duties that is informed by sub-Saharan values commonly associated with talk of "ubuntu" and cognate terms that signify personhood or humanness. The favoured interpretation of ubuntu (as of 2007) is the principle that an action is right insofar as it respects harmonious relationships, ones in which people identify with, and exhibit solidarity toward, one another. I maintain that this is the (...) most defensible moral theory with an African pedigree at the time, and that it should be developed further with an eye to rivalling dominant Western theories such as utilitarianism and Kantianism. (NB: a mildly revised version, avoiding some typos and phrases that invite misinterpretation, appeared as a chapter in Isaac Ukpokolo, ed., _Themes, Issues and Problems in African Philosophy_ London: Palgrave Macmillan, 2017, pp. 97-119.). (shrink)

This issue’s “Legal Briefing” column covers recent legal developments involving institutional healthcare ethics committees. This topic has been the subject of recent articles in JCE. Healthcare ethics committees have also recently been the subject of significant public policy attention. Disturbingly, Bobby Schindler and others have described ethics committees as “death panels.” But most of the recent attention has been positive. Over the past several months, legislatures and courts have expanded the use of ethics committees and clarified their roles concerning both (...) end-of-life treatment and other issues. These developments are usefully grouped into the following eight categories: 1. Existence and availability2. Membership and composition3. Operating procedures4. Advisory roles5. Decision-making and gate-keeping roles6. Confidentiality7. Immunity8. Litigation and court cases. (shrink)

I examine two recent books by analytic philosophers that address the underexplored topic of whether the meaning of life depends on the existence of a supernatural realm including God and a soul. John Cottingham’s On the Meaning of Life defends a supernaturalist conception of life’s meaning, whereas Kurt Baier’s Problems of Life and Death defends the opposite, naturalist perspective. I show that their respective arguments are worth serious consideration, indicate some potential weaknesses in them, and suggest some other argumentative strategies (...) that those interested in this fascinating topic might pursue elsewhere in more depth. (shrink)

This entry begins by indicating respects in which the concept of life’s meaning has only recently become salient in English-speaking bioethical discussions and by clarifying what talk of ‘life’s meaning’ and cognate phrases mean, at least to most of the philosophers and bioethicists who have used them. This essay then addresses six major respects in which thought about what makes a life meaningful has influenced bioethics. The first four issues concern life and death matters for human beings, and specifically involve: (...) euthanasia and physician-assisted suicide, reproductive ethics, life extension, and transhumanism. The other two topics are about respects in meaningfulness figures into somewhat ‘less vital’ medical contexts, concerning ways in which promoting health is conceived either as a way to advance meaning or as in competition with the latter value. This essay concludes by offering a brief bird’s-eye reflection on the state of the field. (shrink)

According to Fleck, a fact is not something objectively given but rather a social event. Scientific facts are no exception, as can be seen through the annals of medicine. Fleck argues that if the physical sciences initially appear to be immune to such social conditioning, this misconception can be corrected by recognizing the similarities between the natural sciences and medicine both historically and epistemologically. Fleck's ideas are not new, having been presented by him in 1935, but it is only recently (...) that they have begun to strike a responsive chord. Kuhn was aware of Fleck's work when he began to promulgate his own ideas in the 1960s. But there are important differences as well as similarities which can only be appreciated once Fleck's own work has had a proper hearing. To this end the University of Chicago Press has published a translation-edition of the full monograph in 1979. In ‘On the question of the foundations of medical knowledge’, Fleck's own precis to this major work, he correctly foretold the dawning of the sociology of cognition. CiteULike Connotea Del.icio.us What's this? (shrink)

This issue’s “Legal Briefing” column covers recent legal developments involving medical decision making for unbefriended patients. These patients have neither decision-making capacity nor a reasonably available surrogate to make healthcare decisions on their behalf. This topic has been the subject of recent articles in JCE. It has been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the “single greatest category of problems” encountered in bioethics consultation. Moreover, the scope of the problem continues (...) to expand, especially with rapid growth in the elderly population and with an increased prevalence of dementia.Unfortunately, most U.S. jurisdictions have failed to adopt effective healthcare decision-making systems or procedures for the unbefriended. “Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform.” Most providers are “muddling through on an ad hoc basis.” Still, over the past several months, a number of state legislatures have finally addressed the issue. These developments and a survey of the current landscape are grouped into the following 14 categories. The first two define the problem of medical decision making for the unbefriended. The remaining 12 categories describe different solutions to the problem. The first six of these solutions are discussed in this article (Part 1). The last eight solutions will be covered in the Summer 2012 issue of JCE (Part 2). 1. Who are the unbefriended?2. Risks and problems of the unbefriended3. Prevention: advance care planning, diligent searching, and careful capacity assessment4. Decision-making mechanisms and standards5. Emergency exception to informed consent6. Expanded default surrogate lists: close friends7. Private guardians8. Volunteer guardians9. Public guardians10. Temporary and emergency guardians11. Attending physicians12. Other clinicians, individuals, and entities13. Institutional committees14. External committees. (shrink)

Public disclosure of industry payments to physicians is one way to address financial conflicts of interest in medicine. As part of the Patient Protection and Affordable Care Act, the Physician Payment Sunshine Act requires pharmaceutical, medical device, and biologics manufacturers who have at least one product reimbursed by Medicare or Medicaid to disclose payments to physicians and teaching hospitals on a public website starting in 2014. The physician payment data will contain individual physician names, monetary values, and specific products connected (...) to payments.According to the Final Regulations issued by the Centers for Medicare and Medicaid Services in February 2013, the law will make transparent the extent and nature of relationships between physicians, teaching hospitals, and manufacturers. (shrink)

The most remarkable characteristic of Pope Benedict XVI’s encyclical Caritas in Veritate is its theologically robust mode of discourse: a pervasive and unapologetically Trinitarian and Christological, substantive argument, based in a robust theological anthropology of person and society as gift, and a peculiarly Platonic and Augustinian rhetorical mode of discourse. Caritas reveals the implicit, hidden, and faulty theological and philosophical commitments of secular reason—which, when used as a medium for the Gospel, can too easily taint the true doctrine the Church (...) attempts to convey with it—proclaiming instead a radically orthodox diagnosis of and prescription for a disenchanted, love-and-truth starved—yet Enlightenment-weary—postmodern world. (shrink)

The Shroud of Turin, a linen cloth with but a faint image, continues to capture the interest of many people of diverse beliefs. Although the measured age of the cloth is relatively recent, other scientific findings indicate an earlier provenance. Any firm conclusions regarding the cloth's history remain premature. No satisfactory explanation has been found as yet for how the image on the cloth was produced structurally or stylistically. Iconographic evidence suggests that the image was the source of facial peculiarities (...) found in early works of religious art. The body image bears a striking yet preternatural correlation with Scriptural accounts of wounds. Curiously, the image on the cloth functions as a photographic negative, exhibiting a high degree of resolution, as if the original were produced in pixels. Despite serious efforts to discover some artistic origin md medium, scientific evidence points in the direction that it was not produced by hands. If it is tme that the medium is the message, as Marshall McLuhan wrote, then the Turin Shroud may be a parable for the modern age. (shrink)

This narrative provides insight into medical education for Black physicians in South Carolina in the 1960s, during the civil rights movement. It also discusses the many rewards and challenges of being a physician of color, describes what has been done to develop programs that benefit minority communities, and argues that more such programs are needed.

A 4000 word critical overview of recent Anglo-American philosophical books devoted to life's meaning. Online only.

This article introduces a special issue of Philosophical Papers devoted to the topic of meaning in life. In the paper, I engage with articles by Robert Audi, David Velleman, John Martin Fischer, Laurence Thomas, Berit Brogaard, Barry Smith and Larry James, laying out their central views, criticizing them, and suggesting ways they could be developed.

The overwhelming weight of legal authority in the USA and Canada holds that consent is not required for brain death testing. The situation in England and Wales is similar but different. While clinicians in England and Wales may have a prima facie duty to obtain consent, lack of consent has not barred testing. In three recent cases where consent for brain death testing was formally presented to the court, lack of consent was not determinative, and in one case the court (...) questioned whether the clinicians were even required to seek consent from the parents of a child at all. (shrink)

A critical overview of mainly Anglo-American philosophical literature addressing the meaning of life up to 2002.

In the first part of the article I show how Descartes employs the sceptical theist strategy as part of his response to the problem of evil in Meditation Four. However, Descartes's use of this strategy seems to raise a serious challenge to his whole project: if Descartes is ignorant of God's purposes, then how can he be sure that God doesn't have some morally sufficient reason for creating him with unreliable clear and distinct perceptions? Drawing on related objections from Mersenne (...) and Hobbes, I show in the second half of the article how Descartes can sidestep this objection. (shrink)

Supernaturalism about meaning in life appears plausible insofar it is reasonable to think that a meaningful life can come only from a world in which there is a perfect value of some kind. Call the view that meaningfulness depends on perfection the ‘perfection thesis’. My aim in this chapter is to develop the contrasting ‘imperfection thesis’, the claim that a life that is significant on balance does not require any perfect value. I argue that principles that naturalists have offered (or (...) suggested) in the literature are all implausible. None fits the considered judgments that naturalists themselves would, upon reflection, have about which degree of value is sufficient for a person’s existence to be significant. Working within a naturalist mindset, I demonstrate that a new theory needs to be developed, and I indeed develop one that I believe should be weighed up against the perfection thesis in future work. (shrink)

This essay is a lengthy response to six contributors to a special issue edited by Adeshina Afolayan and devoted to critical discussions of _A Relational Moral Theory: African Ethics in and Beyond the Continent_. Key topics include: the proper role of metaphysics when doing moral philosophy; the appropriate aims of moral philosophy in the light of relational values and properties; the ir/relevance of imperceptible agents for an African ethic; the un/attractiveness of the principle that one morally should promote the common (...) good; the nature of virtue (vice) and its relation to rightness (wrongness); and how to capture self-regarding virtues and duties to oneself theoretically. (shrink)

Reprint of an article from the African Journal of Business Ethics (2018).

In this chapter, I highlight the differences between the two goods of happiness and meaningfulness. Specifically, I contrast happiness and meaning with respect to six value-theoretic factors, among them: what the bearers of these values are, how luck can play a role in their realization, which attitudes are appropriate in response to them, and when they are to be preferred in a life. I aim not only to show that there are several respects in which happiness and meaning differ as (...) categories of value, but also to bring out some of the logical relationships between the differences, for example, to note that the value’s bearer affects its susceptibility to luck. (shrink)

A semiotic phenomenology of the scission point boundary condi-tion between Karl Jaspers’s concepts of existence and Existenz reveal them as fundamental distinctions that can manifest in healthy or pathological forms of communication, including the “inner action” of the competing “voices” “heard” by the patient undergoing treatment. My analysis illustrates that the mind, for Jaspers, represents how communicability as truth involves us in a natural rhetorical (tropic) relationship with a society. In this analysis, I frame the problematic boundary between existence and (...) Existenz in the language of Husserl. To provide context, I introduce Jaspers’s semiotics and explicate his theory of communication. Lastly, I connect what we have learned from the scission boundary condition between existence and Existenz to the competing voices of the patient. We discover that for Jaspers, our “selves” are cyphers, striving for communicability in a world of others. (shrink)

Here I introduce the symposium issue of the South African Journal of Philosophy that is devoted to critically analysing my article “Toward an AfricanMoral Theory.” In that article, I use the techniques of analytic moral philosophy to articulate and defend a moral theory that both is grounded on the values of peoples living in sub-Saharan Africa and differs from what is influential in contemporary Western ethics. Here, I not only present a précis of the article, but also provide a sketch (...) of why I have undertaken the sort of project begun there, what I hope it will help to achieve, and how the contributors to the symposium principally question it. (shrink)

In this article I consider what the implications of ubuntu, interpreted as an African moral philosophy, are for self-expression as a value that the media could help to promote. In contrast to the natural hunches that self-expression is merely a kind of narcissism or makes sense for only individualist cultures to prize, I argue that an attractive construal of ubuntu entails that self-expression can play an important communitarian role. The mass media can be obligated to enable people to express themselves (...) since doing so can be one way for people to share with and care for others. (shrink)

_A Relational Moral Theory_ draws on neglected resources from the Global South and especially the African philosophical tradition to provide a new answer to a perennial philosophical question: what do all morally right actions have in common as distinct from wrong ones? Metz points out that the principles of utility and of respect for autonomy, the two rivals that have dominated Western moral theory for the last two centuries, share an individualist premise. Once that common assumption is replaced by a (...) relational perspective given prominence in African ethical thought, a different comprehensive principle, one focused on harmony or friendliness, emerges. Metz argues that this principle corrects the blind spots of the Western moral principles, and has implications for a wide array of controversies in applied ethics that an international audience of moral philosophers, professional ethicists, and similar thinkers will find compelling. (shrink)

In this chapter, a reprint of an article initially appearing in the Journal of Moral Education (2010), we provide a theoretical reconstruction of sub-Saharan ethics that we argue is a strong competitor to typical Western approaches to morality. According to our African moral theory, actions are right roughly insofar as they are a matter of living harmoniously with others or honouring communal relationships. After spelling out this ethic, we apply it to several issues in both normative and empirical research into (...) morality. With regard to normative research, we compare and contrast this African moral theory with utilitarianism and Kantianism in the context of several practical issues. With regard to empirical research, we compare and contrast our sub-Saharan ethic with several of Lawrence Kohlberg’s views on the nature of morality. Our aim is to highlight respects in which the African approach provides a unitary foundation for a variety of normative and empirical conclusions that are serious alternatives to dominant Western views. (shrink)

This issue’s “Legal Briefing” column covers recent legal developments involving medical decision making for incapacitated patients who have no available legally authorized surrogate decision maker. These individuals are frequently referred to either as “adult orphans” or as “unbefriended,” “isolated,” or “unrepresented” patients. The challenges involved in obtaining consent for medical treatment on behalf of these individuals have been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the “single greatest category of problems” encountered (...) in bioethics consultation. In 2012, JCE published a comprehensive review of the available mechanisms by which to make medical decisions for the unbefriended. The purpose of this “Legal Briefing” is to update the 2012 study. Accordingly, this “Legal Briefing” collects and describes significant legal developments from only the past three years. My basic assessment has not changed. “Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform.” Most facilities are “muddling through on an ad hoc basis.” But the situation is not wholly negative. There have been a number of promising new initiatives. I group these developments into the following seven categories: 1. Increased Attention and Discussion 2. Prevention through Better Advance Care Planning 3. Prevention through Expanded Default Surrogate Lists 4. Statutorily Authorized Intramural Mechanisms 5. California Litigation Challenging the Team Approach 6. Public Guardianship 7. Improving Existing Guardianship Processes. (shrink)

Volume 20, Issue 6, June 2020, Page 1-3.

There is a deep tension between liberalism and retributivism. On the face of it, one cannot coherently believe liberalism about the fundamental purpose of the state and retributivism about the basic end of legal punishment, given widely held and well-motivated or what I call ‘standard’ conceptions of these views. My aims in this article are to differentiate the types of conflict between liberalism and retributivism, to identify the strongest and most problematic type of conflict between them, to demonstrate that existing (...) strategies in the literature that might be invoked to resolve this conflict fail, and to present a new, conclusive way to resolve it. The solution lies in changing the standard conception of liberalism, which change, I argue, is warranted on independent grounds. Liberalism, up to now, has been conceived in a way that fails to best capture liberal intuitions. Upon improving our understanding of what liberal purposes essentially are, it becomes clear that retributive punishment is not merely logically consistent with them, but also partially constitutive of them. (shrink)

Reprint of an article that first appeared in Synthesis Philosophica (2018).

I contend that there are important moral reasons for individuals, organisations and states to aid others that have gone largely unrecognised in the literature. Most of the acknowledged reasons for acting beneficently in the absence of a promise to do so are either impartial and intrinsic, on the one hand, being grounded in properties internal to and universal among individuals, such as their pleasure or autonomy, or partial and extrinsic, on the other, being grounded in non-universal properties regarding an actual (...) relation to the agent, such as common membership in a family or culture. In contrast, I articulate and defend the existence of two unrecognised reasons for beneficence that can take the form of being impartial and extrinsic. One is that a being’s capacity to be part of a sharing relationship with us can provide some reason to help it, and another is that a sharing relationship qua relationship is an end-in-itself that can provide some reason to help another. I differentiate these considerations from one another and from the more standard reasons for beneficence, provide arguments for thinking that they are central to beneficence, and rebut objections that are likely to be offered by friends of the more standard reasons. (shrink)

Translation of 'Are Lives Worth Creating?' into Japanese by Sho Yamaguchi. A critical discussion of Benatar's anti-natalism that originally appeared in Philosophical Papers (2011).

In this article I survey philosophical literature on the topic of what, if anything, makes a person’s life meaningful, focusing on systematic texts that are written in English and that have appeared in the last five years (2002-2007). My aims are to present overviews of the most important, fresh, Anglo-American positions on meaning in life and to raise critical questions about them worth answering in future work.

This issue’s “Legal Briefing” column continues coverage of recent legal developments involving medical decision making for unbefriended patients. These patients have neither decision-making capacity nor a reasonably available surrogate to make healthcare decisions on their behalf. This topic has been the subject of recent articles in JCE. It has been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the “single greatest category of problems” encountered in bioethics consultation. Moreover, the scope of the (...) problem continues to expand, especially with rapid growth in the elderly population and with an increased prevalence of dementia.Unfortunately, most U.S. jurisdictions have failed to adopt effective healthcare decision-making systems or procedures for the unbefriended. “Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform.” Most providers are “muddling through on an ad hoc basis.” Still, over the past several months, a number of state legislatures have finally addressed the issue. These developments and a survey of the current landscape are grouped into the following 14 categories. The first two categories define the problem of medical decision making for the unbefriended. The remaining 12 describe different solutions to the problem. The first six categories were covered in Part 1 of this article; the last eight categories are covered in this issue (Part 2). 1. Who are the unbefriended?2. Risks and problems of the unbefriended3. Prevention: advance care planning, diligent searching, and careful capacity assessment4. Decision-making mechanisms and standards5. Emergency exception to informed consent6. Expanded default surrogate lists: close friends7. Private guardians8. Volunteer guardians9. Public guardians10. Temporary and emergency guardians11. Attending physicians12. Other clinicians, individuals, and entities13. Institutional committees14. External committees. (shrink)

seek to answer questions about work-based education (WBE) that have been rarely posed, ethical ones such as: Is there reason to believe that WBE would tend to make better people (as opposed to make people better off)? That is, can we reasonably expect characteristic WBE learners to exhibit good character to a greater degree relative to non-WBE ones? On a social level, would systematic use of WBE noticeably promote justice, say, by effecting the right sort of reparation to those who (...) have suffered from colonialism or exploitation? I begin to answer these questions first by presenting an overview of traditional black African societies, noting that WBE has been the dominant mode of learning in them. Then, to show that WBE has relevance for contemporary societies, I articulate a communitarian moral theory grounded in mores that have been salient among sub-Saharan peoples, differentiating it from the Western theories more familiar to international readers and motivating them to take it seriously as relevant to moral enquiry in today’s world. Next, I apply this Afro-communitarianism to WBE, enquiring into its prospects for fostering individual character and social justice, particularly in the Global South. (shrink)

Reflections on recent Chinese socio-economic development, insofar as it has been influenced by values, especially Confucianism, and what lessons there are to be learned for understanding sub-Saharan African values and how best to develop in that context.

What makes a person's life meaningful? Thaddeus Metz offers a new answer to an ancient question which has recently returned to the philosophical agenda. He proceeds by examining what, if anything, all the conditions that make a life meaningful have in common. The outcome of this process is a philosophical theory of meaning in life. He starts by evaluating existing theories in terms of the classic triad of the good, the true, and the beautiful. He considers whether meaning in (...) life might be about such principles as fulfilling God's purpose, obtaining reward in an afterlife for having been virtuous, being attracted to what merits attraction, leaving the world a better place, connecting to organic unity, or transcending oneself by connecting to what is extensive. He argues that no extant principle satisfactorily accounts for the three-fold significance of morality, enquiry, and creativity, and that the most promising theory is a fresh one according to which meaning in life is a matter of intelligence contoured toward fundamental conditions of human existence. (shrink)

In his book Cosmopolitan Justice, Darrel Moellendorf argues that respect for persons has the following rough implications (among others): requires states to enact liberal legislation; permits them to interfere with religious or otherwise perfectionist regimes; forbids them from restricting immigration for perfectionist ends; and requires them to permit secession. In this article, I do not question Moellendorf's Kantian foundation; what I do here is question the inferences from this principle to the above conclusions. My basic strategy involves drawing a distinction (...) between open and closed societies, and arguing that, although some of Moellendorf's arguments might be sound for closed societies, they are not clearly so for open ones. An open society is one from which it is relatively easy to leave, and a closed society is one from which it is comparatively difficult to do so. Although I doubt that any substantially open societies presently exist, they are real possibilities, and in such societies respect for persons would not have the implications that Moellendorf claims. (shrink)

Reprint of an article appearing in a special issue of Daimon devoted to 'Expressing Hatred'.

For Avishai Margalit, the normative ideal of a decent society is one in which institutions do not humiliate those who are party to them. The relevant sort of humiliation is centrally one in which human beings are ‘rejected from the Family of Man’ or treated as inhuman, where the opposite of humiliation consists of respecting (something about) human nature. In the course of richly expounding this ideal, Margalit provides an account of what justifies respect or, relatedly, forbids humiliation (Part II) (...) and then thoughtfully specifies revealing instances of humiliation in a variety of social, economic, and political institutions that render a society indecent (Parts III and IV). About his position, I intend to make two claims. One is that I believe there are logical gaps between Margalit’s account of what it is about human beings that warrants respect and of why it is wrong to humiliate them, on the one hand, and many of his examples of humiliation, on the other. The latter ought to be informed by the former, but I will argue that it often appears that what it is that entitles us to non-humiliation on Margalit’s view (roughly our capacities to repent and to suffer) does not, and cannot plausibly, ground what intuitively counts as humiliation for him and for many readers. My second claim will be that a certain alternative conception of what it is about human nature that warrants non-humiliating or respectful treatment can close this gap. Drawing on relational values salient in the Global South, and particularly the African philosophical tradition, I advance the view that human dignity inheres in the capacity to be party to relationships of harmony or friendliness, and then show that it is plausibly this capacity that is degraded by the various forms of humiliation that Margalit discusses. (shrink)

With his new book, A Theory of Truces, Nir Eisikovits has succeed in producing the most comprehensive and insightful book to exist on the nature and morality of truces during international military conflict. In it he plausibly argues that thought about such conflict should avoid binary terms such as long-lasting peace and all-out war, and instead must readily acknowledge conditions “in between” them, such as cease-fires and agreements to limit belligerence to certain times. In this critical notice of Eisikovits’ book, (...) I have two major aims, in light of the fact that in it he does not systematically engage with the contemporary literature on and positions in just war theory. One aim is to situate Eisikovits’ analysis of truces in that context, and to contend that he has implicitly founded a new field that merits the title jus interruptus bellum as distinct from jus in bello and jus ex bello. Another is to build on Eisikovits’ ethical appraisal of truces, by considering what principles of just war theory entail for them. (shrink)