The purpose of this investigation is to define the central issues of the current and future relations between the Western and Chinese civilizations through the evaluation of the myths and realities of these relations. The methodology is based on an interdisciplinary big-picture view of the world scene, driven by the global economy and civilization with an attempt to compare both civilizations according to key criteria. Among the findings are: Today China has become a “robot” of the West. Due to its (...) old culture and ability to invent important civilizational tools, China is becoming an independent developer of its own economic power, and it is very probable that it will surpass its master sooner or later. Due to its transformation to a global civilization, Western civilization has lost its Christian values and adopted new ones based on business. It is probable that the economic success of China will lead to a clash between civilizations, both grasping for access to the strategic resources. Practical implication: Society should elaborate the path to the development of wise civilization driven by a new political system, ecoism.Social implication: It is probable that if the “1%” won’t self-correct its misbehavior, a social revolution by the “99%” cannot be excluded from the current calendar ofWestern civilization. Originality: This investigation, by providing the interdisciplinary and civilizational approach, expands the scope of the traditional relevant approach. (shrink)

The purpose of this investigation is to define the central issues of the current and future relations between the Western and Chinese civilizations through the evaluation of the myths and realities of these relations. The methodology is based on an interdisciplinary big-picture view of the world scene, driven by the global economy and civilization with an attempt to compare both civilizations according to key criteria. Among the findings are: Today China has become a “robot” of the West. Due to its (...) old culture and ability to invent important civilizational tools, China is becoming an independent developer of its own economic power, and it is very probable that it will surpass its master sooner or later. Due to its transformation to a global civilization, Western civilization has lost its Christian values and adopted new ones based on business. It is probable that the economic success of China will lead to a clash between civilizations, both grasping for access to the strategic resources. Practical implication: Society should elaborate the path to the development of wise civilization driven by a new political system, ecoism.Social implication: It is probable that if the “1%” won’t self-correct its misbehavior, a social revolution by the “99%” cannot be excluded from the current calendar ofWestern civilization. Originality: This investigation, by providing the interdisciplinary and civilizational approach, expands the scope of the traditional relevant approach. (shrink)

Os anos egípcios eram de 365 dias contados a partir da subida ao trono de cada rei. Esta contagem era independente das três estações em que se subdividia o ano solar, marcadas pelas necessidades agrícolas. As semanas iniciais de sete e oito dias, motivadas pelas fases lunares, cedo foram ultrapassadas por um sistema muito mais regular de meses de três décadas, cada uma marcada pelo aparecimento de um decano. Os decanos eram 36 estrelas visíveis por períodos de dez dias, completando-se (...) o ano com os cinco dias epagómenos. Sírio, a primeira, marcava outro início do ano. Em vez de utilizarem dois calendários, um baseado no Sol e na Lua, e outro na elevação helíaca de Sírio, reuniram os ciclos do Sol, da Lua e de Sírio num sistema único, um «grande ano», um sistema que anulava o atraso que o calendário tinha em relação ao tempo astral de um dia de quatro em quatro anos, ao fim dos 1461 anos do período sotíaco. (shrink)

Calendrical astronomy had a parallel but separate development in China and in India. Both were eventually lunisolar and utilized circumpolar stars, which made Ursa Major and the pole star ideologically important. Initially the Early Harappans could orient their towns according to cardinal directions and the sun probably symbolized the king. Their calendar was heliacal with Aldebaran as the new year star. Indus Civilization created the lunisolar calendar, the nakṣatras, started the new year with the Pleiades, used the gnomon, (...) and knew planets. “Bull of Heaven” and “Sky Garment” were borrowings from Mesopotamia. The paper also deals with the heavenly crocodile and its connection with crocodile cult, the Śunaḥśepa legend, and God Varuṇa’s heavenly banyan tree, which is connected with the pole star’s Dravidian name and its function in Purāṇic cosmology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Medical Ethics in a Time of De-CommunizationRobert Baker (bio)Ethics is often treated as a matter of ethereal principles abstracted from the particulars of time and place. A natural correlate of this approach is the attempt to measure actual codes of ethics in terms of basic principles. Such an exercise can be illuminating, but it can also obscure the circumstances that make a particular codification of morality a meaningful response (...) to specific historic circumstances. This is particularly true of the codes of medical ethics beginning to emerge from the post-Communist societies of Eastern Europe, which are, perhaps, best understood as artifacts of an era, rather than as expressions of abstract principles.The era in question is post-Communist. It is an era informed by a reaction to decades of Communism, which, of course, was more than an economic system or even an ideology; it was a form of life that permeated every aspect of civil society—advertising, art, literature, music. Medicine was not exempt. I recall entering an oncology ward in East Berlin and finding the patients seated around a large table making posters. Wondering whether this was a form of art therapy, I asked the head nurse what the patients were doing. She replied: it is "Party time—the portion of each week every citizen donates to the people and the Party." I looked again at the posters and saw that they honored Karl Marx on the 100th anniversary of his death: "1883-1983, The Struggle Goes On." The Party, the struggle, the people, were everywhere, and they penetrated and informed daily life even for terminal patients on a cancer ward.The interweaving of Communist practices into the warp and woof of daily life has profound implications for the post-Communist era. It means that East Europeans cannot simply rebuild; they must unweave Communist thought patterns—what might be called the ideostructure of Communism—from the fabric of their lives through a deliberate process of deCommunization. What remains after de-Communization depends upon [End Page 363] the historical relationship each country had with Communism. In Russia, removing Communist ideostructure sets the conceptual calendar back to 1918. For the Czechs, the calendar advances to the 1930s, leaving them with thought patterns that are Western, industrial, and democratic. In the rest of Eastern Europe the conceptual clock also tends to turn back to the 1930s, but at that time the conceptual frameworks were nationalist, anti-Western, and frequently fascist, or even Nazi.In Poland the situation is different. World War II opened with the Nazi invasion of the country—which Hitler (later joined by Stalin) subsequently occupied. After the war, the Soviet army controlled the country, which became a captive player in the Soviet sphere of influence (aptly denominated, "the Warsaw Pact"). Poland's pre-Communist thought patterns are nationalist, West-leaning, accepting of parliamentary structures, but also of authoritarian government. They are also Catholic.Catholicism to Poles is not merely a religion, it is a posture of opposition to their German (Nazi, antichristian) and Russian (Orthodox or atheist) occupiers. I toured Polish hospitals several times during the Communist period —always accompanied by one or more "tour guides." (Westerners were not allowed to roam Communist countries unescorted.) Almost all of my guides wore little pins adorned with the face of Lenin (not the hammer and sickle—a symbol of Soviet occupation). Most doctors and nurses, however, adorned themselves with Catholic icons—typically a crucifix. Their conspicuously displayed crosses symbolized less their embrace of Catholicism than their rejection of Communism. Catholicism, in the Polish context, was thus an affirmation of individual and national independence.De-Communizing Polish Medical Ethics: The Abortion ControversyIn Poland, de-Communization was initiated through a series of negotiations between Lech Walensa's Solidarity and the Communist Government. The Polish Code of Medical Ethics is an indirect consequence of these negotiations, which stipulated the dissolution of Communist medical organizations. They were to be replaced by a Polish Medical Chamber—a type of quasi-governmental body, common in Eastern Europe, which combines the functions of a governmental licensing agency with those of a national medical association. Medical chambers also set standards of professional conduct and (unlike... (shrink)

This essay offers an overview of the history of the relations between science and Eastern Christianity based on Greek-language sources. The civilizations concerned are the Byzantine Empire, the Christian Orthodox communities of the Ottoman Empire, and modern Greece, as a case study of a national state. Beginning with the Greek Church Fathers, the essay investigates the ideas of theologians and scholars on nature. Neoplatonism, the theological debates of Iconoclasm and Hesychasm, the proposed union of the Eastern and Western Churches, and (...) the complex relations with the Hellenic past all had notable impacts on the conception of science held by the Byzantine Orthodox. From the sixteenth through the eighteenth centuries, the Christian Orthodox world did not actively participate in the making of the new science that was developing in modern Europe. It had to deal with the assimilation of scientific ideas produced by Western Christianity, and its main concern was the “legitimacy” of knowledge that did not originate directly from its own spiritual tradition. Finally, with regard to the Greek state, beyond the specific points of contact between the sciences and Orthodox Christianity—pertaining, for example, to materialism, evolution, and the calendar—the essay presents the constant background engagement with religion visible in most public pronouncements of scientists and intellectuals. (shrink)

Much has been written and said about music's time, much less— at least in recent epochs—about time's music. Today this most subtle, yet most powerful form of music finds fewer and fewer listeners. It has become, in fact, harder and harder to listen to. The “congruent melodies,” i.e. “the rhythms of times which were given to us to alleviate our labors” (as the 13th-century music theorist had put it) have long since been silenced and drowned by subsonic noises.* In its (...) organization of time, Western civilization has, to an appallingly large extent, replaced rhythmic aliveness with abstract measures, reducing it to a “functional mechanism” (Baudrillard 1974). The main tools by which these measures are set, the clock as we know it and the modern calendar, are obviously, taken as such, remarkable achievements, but in their impact on our lives they are not so much companions enabling us to be “in harmony with things at the right moment” (see the Chinese shih, Larre 1976) as they are hostile guardians “watching our steps.”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:China and Contemporary Millenarianism—Something New under the SunBenjamin I. SchwartzOne of the most obvious remarks one can make about contemporary China is that China has no reason to be excited about contemporary Western millenarianism. If by "millenarianism" one refers to an apocalyptic transformation of the entire human condition based on the Christian calendar, then there is no reason for Chinese, Jews, and Moslems, who have their own historic (...) visions, to find any significance in the history of the last millennium. At the end of the first millennium or the beginning of the second, China was at a high point in its civilization. To the extent that apocalyptic tendencies could be found in either its high or its popular culture, these tendencies were the focus of Buddhism or religious Daoism. They were not tied to specific calendars, and in an Indian spirit they spoke in terms of "kalpas," which might last for hundreds of millions of years—or might occur next week.In addition, it should be noted—as has been pointed out by Professor Landes and others—that the notion that there was an all-consuming preoccupation with an impending apocalypse in the year A.D. 1000 is highly debatable. Among the more scholarly members of the clergy in medieval times there were already modes of thinking that, under the influence of Islamic and Jewish philosophers, were pointing in the direction of a non-apocalyptic scholastic philosophy.In all cultures down through the ages, an apocalyptic vision of deliverance has promised relief from the vast burden of human suffering and despair—a vision that would be recognized as such even by those who sought no apocalyptic solutions and who continued to believe that our this-worldly life still promised compensatory satisfactions, limited as these might be. They would not accept the Theravada/ Hinayana Buddhist belief that even what we call our individual pleasures are a function of our individual sufferings. According to that belief, our love of our children or our wives is poisoned by our acute awareness of the transient nature of their existence. Release from the world of samsara can be attained only by escaping the world of individuated samsara into the ineffable world of Nirvana.Turning to the book of Ecclesiastes in the Old Testament, we find that the author, who represents an amalgam of Greek and Hebrew wisdom, is not an apocalyptist and still hopes that we will garner certain satisfactions from our lives as individuals in this mundane existence. Yet his disappointment, suffering, and exasperation over human vanities and duplicities often correspond to the catalogue of sufferings in the Theravada scriptures. But, like the Theravada Buddhists, he believes that in this world of ignorance (avidya) there is also "nothing new under the sun." In the endless generations of individual human lives, every mode of human ignorance and suffering has certainly existed in the endless cycle of samsara. It is nevertheless true that in the total attention on every aspect of human life from the techno-economic side, [End Page 193] we find a totally new way of neutralizing the age-old causes of human suffering. Gautama Buddha regarded our ordinary individual pleasures as poisoned by suffering, by the realization that individual pleasures soon fade away. Yet Prozac seems to continue to work without producing anxiety. Here, indeed, we have something new under the sun!In fact, the new technological-economic millenarianism does indeed represent something different from the nineteenth- and twentieth-century technological and economic transformations that seemed to offer the possibility of a steady amelioration of the human condition. Nineteenth-century technological and economic meliorism could be related to older forms of what might be called "materialistic" improvement. Yet nineteenth-century materialistic progressivism continued to be linked to other ethical concerns not only by Christian beliefs but also by many of the secular ideologies of nineteenth-century Europe. There were entire ideologies of socialism, liberalism, anarchism, romanticism, nationalism, et cetera, which continued to be deeply distressed by the non-"materialistic," ethical consequences of techno-economic progress. Techno-economic progress has not, after all, prevented the Holocaust, the Gulag, and the horrors of two world wars. On the contrary, it has raised... (shrink)

One of the areas of study of tafsīr is the stories in the Qur’ān. In the stories of the Qur’ān, generally creation, man, the nature of man and different societies that lived in history are mentioned. Although the main theme in the stories is belief and disbelief, social structures and cultural features are explicitly and indirectly mentioned as well. But the mufassirs approached the stories mainly from the point of view of belief and disbelief. They did not declare an opinion (...) on cultural studies. Positive science applies the culture, science and technology that humanity has, only to the will and labour of man. However, when we look at the sacred texts, humanity has not only realized its development in the field of culture, science and technology, but also evolved by the presence of divine grace as well as the mind. In this evolution, the prophets were given a special task. This study covers the prophets and some inventions and professions attributed to them. The examination of the influence of divine grace and the Prophet’s fatānah (outstanding reasoning power) in the development of culture, science and technology is among the importance of the study. Because when scientific determinations are examined, it is seen that the first cultural events and civil developments occurred in the geography of the Prophets. Again, it can be seen that the explanation of culture and cultural developments with a positivist perspective and an empirical paradigm has some shortcomings. For this reason, the article aims to explain how cultural developments are formed based on sacred information data. In the study, the qualitative method was selected and the document examination technique was applied. Along with cultural activities, the prophets and their works were discussed; classical and modern tafsīr sources, as well as historical books, akhīlik (a guild system) works and futuwwatnāmas (rules and regulations of the guild) were addressed. Man was created by Almighty Allah with different and superior equipment than other beings. He has been taught all names. Names mean having the ability to recognize-classify-name the creature, to reason, to transform the nature and to transfer the culture. The meaning of the verse “he taught him all the names” is to teach the Prophet Adam the knowledge of things and the general knowledge of civilized life. The general knowledge was developed by people and various and different objects were produced; science and technique were constantly developed. Especially the prophets made a great contribution to these scientific and technological developments. Thus, the prophets guided people in the spiritual sphere such as faith, worship and morality, as well as in the scientific and material sphere. Throughout the history, the prophets have shed light on scientific developments directly or indirectly, showing the limits of the level of science that humanity can reach through their miracles. According to Islāmic Sciences, the process of domesticating seeds and taming animals began during the reign of the Prophet Adam. He produced dresses for himself and his wife. As a prophet, a religion and belief system was formed during his time. Along with Prophet Idrīs, more beautiful dresses began to be knitted and sewn, writing with pencil. In the era of Prophet Noah, besides agriculture, art was also developed; sculptures and ships were made. During Prophet Hoad period, there was progress in agriculture as well as urbanization activities, and villages and towns began to form. During the reign of Ṣāleḥ, cities were founded in a serious sense. For this reason, in Prophet Ṣāleḥ’s stories, emphasis is placed on the words dār and diyār, which means house or houses, and in particular the word medīna (city) is used. The inscription, which began to be mentioned with Prophet Idris in Islāmic Sciences, also began to be used in the Qur’ān along with Prophet Abraham/Ibrāhīm, and during the reign of Prophet Moses/Mūsā, it was referred to as the book. During the reign of Prophet Joseph, money was invented and the clock and calendar were used. Again, Islāmic sources also contain the information that Prophet Joseph/Yūsuf invented paper for the first time. During the period of Prophet Shu‘ayb, the knowledge of account, measurement and weighing were developed, and they began to be used extensively in trade. During the reign of Prophet David/Dāwūd, iron was very widely used, and Prophet David, made household items out of iron, as well as war tools and equipment. Prophet Solomon/Sulaymān, on the other hand, expanded the processing of iron further, making it widely in all areas of life. During the reign of Prophet Jesus/ʿĪsā and Luqmān, medicine also made progress; Prophet Jesus developed and treated methods of treatment for crippled patients. Along with Islām, this information has been included and developed in the most detailed way in the Qur’ān, the personality of Prophet Muhammad (PBUH) and the Hadīth. (shrink)

On the 3rd of March 380, Theodosius, moved by the qualitas (pro reverentia religionis) of the pre-paschal period, a special time of preparation for Easter,mandates the suspension during Christian Lent of all penal trials which normally resulted in torture (Cod. Theod. 9,35,4 = Cod. Iust. 3,12,5). Lent is a specifically Christian time which developed to a large degree in the course of the fourth century, but which varied in duration and organization in the various churches. The law adapts the judicial (...) calendar for the administration of justice to the rhythms of Christian liturgy. Theodosius in 389 (Cod. Theod. 9,35,5; 9,35,7) decrees that during Lent supplicia corporis could not take place, due to the sacredness of those days intended as a salutary penance which culminates in Easter reconciliation. Since the duration of Lent varied within the various churches, civil authorities of the provinces were to be informed by local Christians of the beginning and end of Lent. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Dr. Ambedkar and Untouchability: Fighting the Indian Caste SystemChristopher S. QueenDr. Ambedkar and Untouchability: Fighting the Indian Caste System. By Christophe Jaffrelot. New York: Columbia University Press, 2005. xiii + 205 pp.Outside of India, Bhimrao Ramji Ambedkar remains virtually unknown. Everyone knows that Mahatma Gandhi led the fight for Indian independence and that his nonviolent marches inspired Dr. King and the American civil rights movement. Most educated (...) men and women have heard of Nehru and some of the political and literary figures that India has produced in modern times. But few know of the first Untouchable to attend college, who went on to earn advanced degrees in the social sciences and law at Columbia University, the London School of Economics, and Grays Inn, who returned to India in the 1920s to launch a civil rights movement for Untouchables, [End Page 168] who drafted the constitution for the Republic of India as its first law minister, and who led a mass conversion to Buddhism weeks before this death.Dr. B. R. Ambedkar (1891–1956) is venerated by millions of Buddhist and low-caste followers in India today, and at the same time feared by politicians determined to preserve the Hindu caste system he vowed to destroy. Admirers call him Babasaheb Ambedkar or simply Baba, using a traditional term of respect for a guiding elder, and many use the greeting Jai Bhim (“Victory to Bhimrao”) within the Untouchable communities. Ambedkar is portrayed on ubiquitous wall calendars, public statues, and home altars alongside that of the Buddha, wearing a Western suit and tie, with the horn-rimmed glasses and pocket pens of a scholar and diplomat. Although widely regarded as a bodhisattva or Buddhist saint, he is never pictured in the robes of a holy man or entreated in prayer by his devotees. And while most of his campaigns for Untouchable human rights were driven back by the Hindu nationalists, many of the provisions of his path-breaking legislation were eventually adopted after his death. In the intervening decades, amid deepening polarization over his legacy, the state government of Maharashtra has published eighteen volumes of Ambedkar’s collected works and the government of India has bestowed on him its highest civilian honor, the Bharat Ratna.Given the dearth of Western scholarship on Ambedkar’s place in the history of modern India and the emergence of socially engaged Buddhism, I welcome Chris-tophe Jaffrelot’s Dr. Ambedkar and Untouchability: Fighting the Indian Caste System. As a social scientist and director of the Centre d’Études et de Recherches Internatio-nales (CERI) who has published more than a dozen books on South Asian politics, Jaffrelot is well qualified to assess Ambedkar’s life and thought. Drawing on a wide range of materials on the social reform movements of the nineteenth and twentieth centuries and Ambedkar’s contributions to sociology and politics, the author aims to redress Ambedkar’s neglect by Indian scholars before the 1990s, when the low-caste movement began finally to gain traction. However, he does not address the anomaly of Ambedkar’s neglect by all but a small circle of Western authors.1The strength of Dr. Ambedkar and Untouchability is its concise analysis of the geographical, political, and social context of Ambedkar’s career. Jaffrelot shows how British recruitment of the Mahars, members of Ambedkar’s lowly but numerous caste, for service in the colonial army resulted in disproportionate levels of literacy. Ambedkar was the fourteenth child in such a military family, whose father held the rank of major and served as a school master for the barracks. Both parents and all of Bhimrao’s uncles could read and write, compared to less than one percent of Mahars in village life. Moreover, in spite of his brilliance and determination, Ambedkar could not have continued his education without the financial support of Maratha maharajahs who opposed the Brahmins’ monopoly in education. “Ambedkar was the heir to a regional tradition; his struggle harked back to the anti-Brahmin movements which emerged in western Maharashtra from the mid-nineteenth century onward, a precocity that only the Dravidian South—the other key area of anti-Brahmin mobilization—could match.”Jaffrelot presents... (shrink)

La 4e de couverture indique : "Dans cet ouvrage de référence consacré à une analyse approfondie du thème du consentement aux soins dans la pratique médicale, M.-F. Civil porte son regard de médecin et de philosophe sur les comportements de bon nombre de praticiens à l'heure actuelle plus ou moins soumis à la « mathématisation » de la médecine. Loin de se contenter d'un état des lieux complet de la question, il nous conduit pas à pas sur les chemins (...) d'une « éthique existentielle » tout à fait singulière, renvoyant à des situations pratiques de soins où délibérer avant d'agir et réfléchir à l'action déjà prise permet aux patients d'exprimer le sens donné à leur vécu dans le cadre de leur projet de vie immédiate ou future. Son approche très phénoménologique, aux côtés notamment de Heidegger et Husserl, ouvre la porte à un vaste chantier de réflexion pour tous ceux qui envisagent de se pencher sur la manière concrète d'être-au-monde en médecine comme souci pour soi et pour les autres. Ainsi ce livre interpelle les étudiants, les chercheurs, les professionnels de santé, mais également tous ceux qui ont été, ou seront, tôt ou tard, confrontés au problème du consentement.". (shrink)

Writing in 1978, on the eve of Thatcherism’s political triumph, the cultural theorist Stuart Hall (Hall et al., 2013, p. 193) claimed Britain was experiencing a ‘crisis of hegemony’; a political, e...

Kant’s theory of citizenship replaces the French revolutionary triptych of liberty, equality and fraternity with freedom (Freiheit), equality (Gleichheit) and civil self-sufficiency (Selbständigkeit). The interpretative question is what the third attribute adds to the first two: what does self-sufficiency add to free consent by juridical equals? This article argues that Selbständigkeit adds the idea of interdependent independence: the independent possession and use of citizens’ interdependent rightful powers. Kant thinks of the modern state as an organism whose members are agents (...) possessed of rightful (productive) powers, whose interdependent mode of exercise independently of unilateral permission matters for right. The empirical form of that ideal, according to Kant, is a republic of independent commodity producers. I will show that this reading of Selbständigkeit can consistently explain Kant’s disenfranchisement of women, wage labourers and landless farmers; that it offers a robust alternative to influential republican, libertarian and proprietarian interpretations of the Kantian state; and that it can buttress an original account of community as productive interdependence. (shrink)

This article traces the moral economy of provincial elites who contributed to economic societies that were active in eighteenth- and early nineteenth-century Northern Europe. Such societies aimed at improving economic conditions in their respective cities, regions, or countries by advocating progressive methods of agriculture, manufacturing, and commerce. The commitment of members of these societies was not explicitly motivated by economic gains, but by a more complex system of beliefs fueled by the love of their country and the promotion of the (...) common good. The unselfish exploration of new means of production and commercial activity was at the heart of forming a moral economy of trust that guided cooperation within the societies. This moral economy was not subordinate to market rationality, but served as a foundation upon which trust between members was based. Especially in times of crises, as illustrated by the case of Carl Christian Böcker, secretary of the Finnish Economic Society, members could fall.. (shrink)

Three claims are defended. (1) There is a conception of moral autonomy in Confucian ethics that to a degree can support toleration and freedom. However, (2) Confucian moral autonomy is different from personal autonomy, and the latter gives a stronger justification for civil and personal liberties than does the former. (3) The contemporary appeal of Confucianism would be strengthened by including personal autonomy, and this need not be seen as forsaking Confucian ethics but rather as an internal revision in (...) response to new social circumstances. From this inclusion emerges a new theory of liberties that recognizes the value of personal autonomy and the importance of the ethical good that liberties instrumentally serve to promote. (shrink)

Many legal jurisdictions permit victims of targeted hate speech to sue for damages in civil courts. In the US plaintiffs may sue for damages using the tort of intentional infliction of emotional distress. Indeed, back in 1982 Richard Delgado proposed the introduction of a new tort of racial insult to handle such cases. In South Africa plaintiffs can use the delict of injuria. Although there have been some successful lawsuits, the tort of intentional infliction of emotional distress has been (...) an unreliable means of recovering damages for psychological harms caused by targeted hate speech. One major obstacle to recovery in the US has been the tendency of courts to view the use of racial insults, for instance, as too ordinary or commonplace to count as ‘extreme and outrageous conduct’. Even Delgado’s tort of racial insult would not recognise as a cause of action the mere use of a racial insult; the insult must demean. But once again this opens up significant leeway for courts to treat many commonplace racial insults as non-demeaning. In South Africa the courts have interpreted the delict of injuria using the abstract test of whether the speech ‘impaired the plaintiff’s dignity’. The open-textured nature of this test has led courts to diverge in their understanding of the dignitary threat posed by almost identical forms of hate speech. In this article I argue that these two torts and one delict should be comprehensively rethought. At the level of theory, we should think of them as protecting people’s fundamental rights to human dignity and the expression of human dignity as well as people’s fundamental rights to civic dignity and confidence in their civic dignity. And, at the level of practice, courts should adopt what I am proposing as two new legal tests for degradation and humiliation as a way of interpreting and operationalising these two torts and one delict in cases of targeted hate speech. (shrink)

This essay explores some of the conceptual and moral issues raised by illegal actions in health care. The author first identifies several types of illegal action, concentrating on civil disobedience, conscientious objection or refusal, and evasive noncompliance. Then he sketches a framework for the moral justification of these types of illegal action. Finally, he applies the conceptual and normative frameworks to several major cases of illegal action in health care, such as "mercy killing" and some decisions not to treat (...) incompetent patients. Keywords: illegal actions, mercy killing, non-treatment of incompetent patients, civil disobedience, conscientious objection, evasive non-compliance, moral justification and disobedience, dissent in health care CiteULike Connotea Del.icio.us What's this? (shrink)

Though all of the principal features of Rawls's definition of civil disobedience are in varying degrees unacceptable, one of these consists of the fertile but unargued suggestion that civil disobedience is a mode of address. The first half of the paper tests this by construing civil disobedience as a vehicle of non?natural meaning (but not necessarily of linguistic non?natural meaning) and so as operating the Gricean mechanism of a hierarchy of intentions and beliefs. This feature is absent (...) from other definitions but is essential if other kinds of conscientious illegality are to be contrasted. In the second half a definition is arrived at through rejections or modifications of the other Rawlsian conditions and by reference to some recent accounts of force and violence. It is hoped that the definition has the double advantage of being broadly congruent with our intuitions and of supplying a theoretical underpinning for what it includes and excludes. (shrink)

Ethics limits the behavior of individuals in social life within the framework of right-wrong, good-bad. In this context, the peace of the whole society must develop behaviors by ethical principles by individuals in social life. There are mechanisms for auditing unethical behaviors before the public and private sector institutions and organizations. In addition to all these mechanisms, there is a civilian area that exists independently of the private sector and the state. As a third sector, non-governmental organizations, which are an (...) element of this civil field, have a structure that includes individuals from all segments of society voluntarily. They aim to contribute to the increase in the quality of life of people in society with their work and to develop respect for ethical factors and Values. Non-governmental organizations, which also have an audit role for the public and private sectors, are in a voice against ethical violations in social life. With the formation of awareness against ethical violations and the dissemination of ethical behaviors throughout the society, individuals culturally internalize ethical behaviors are realized through non-governmental organizations. In this context, the aim of this study is to examine the role of civil society in the formation of ethical culture. In the study, firstly the concept of ethical and ethical culture, then civil society and non-governmental organizations, and finally the role of civil society in the development of ethical culture were discussed through the literature. In the evaluations made, it was seen that the civil society area, which is defined as a third sector independent from the public and private sectors, acts as a barrier against ethical violations that occur in the general society and plays an active role in the creation of an ethical culture. As a result, it can be said that the transformative role of non-governmental organizations on society plays an important role in bringing their ethical behaviors to individuals in social life. (shrink)

Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support (...) this claim, I defend an account of political obligation framed in terms of respect for (rather than mere obedience to) the law, and argue that the mere illegality of civil disobedience does not suffice to establish wrongdoing. I then discuss and reject three objections to my argument. (shrink)

Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless crimes. Here Robert P. George defends the traditional justification of morals legislation against criticisms advanced by leading liberal theorists. He argues that such legislation can play a legitimate role in maintaining a moral environment conducive to virtue and inhospitable to at least some forms of vice. Among the liberal critics of morals legislation whose views George considers are Ronald Dworkin, Jeremy Waldron, (...) David A.J. Richards, and Joseph Raz. He also considers the influential modern justification for morals legislation offered by Patrick Devlin as an alternative to the traditional approach. George closes with a sketch of a "pluralistic perfectionist" theory of civil liberties and public morality, showing that it is fully compatible with a defense of morals legislation. Making Men Moral will interest legal scholars and political theorists as well as theologians and philosophers focusing on questions of social justice and political morality. (shrink)

In her book, Conscience and Conviction, Kimberley Brownlee argues that there is nothing undemocratic about the robust, primary right to civil disobedience that she devotes most of her argument to defending. To the contrary, she holds that there is nothing paternalistic about civil disobedients opposing the will of democratic majorities, because, inter alia, democratic majorities cannot claim particular epistemic superiority, and because there are flaws inherent to democratic procedures that civil disobedience addresses. I hold that Brownlee’s arguments (...) fail. In particular, her argument fails because it does not properly construe the nature of the epistemic claim that can be made either by democratic procedures or by civil disobedients, and because it illegitimately conflates the concern about permanent minorities that has been a constant thorn in the side of democratic theorists, with a concern with all outvoted minorities, whether permanent minorities or not. (shrink)

Acknowledgments -- Introduction -- A composite definition -- Agreeing to differ -- Sympathy and deception -- How best to rule -- Entry and exit -- Intelligence in states -- Enemies -- Down with authenticity -- The disenchantment of the intellectuals -- The problem with communism -- The destruction of trust -- Imperialism, the perversion of nationalism -- Conclusion -- Index.

Mohandas Gandhi is civil disobedience’s most original theorist and most influential mythmaker. As a newspaper editor in South Africa, he chronicled his experiments with satyagraha by drawing parallels to ennobling historical precedents. Most enduring of these were Socrates and Henry David Thoreau. The genealogy Gandhi invented in these years has become a cornerstone of contemporary liberal narratives of civil disobedience as a continuous tradition of conscientious appeal ranging from Socrates to King to Rawls. One consequence of this contemporary (...) canonization of Gandhi’s narrative, however, has been to obscure the radical critique of violence that originally motivated it. This essay draws on Edward Said’s account of travelling theory to unsettle the myth of doctrine that has formed around civil disobedience. By placing Gandhi’s genealogy in the context of his critique of modern civilization, as well as his formative but often-overlooked encounter with the British women’s suffrage movement, it reconstructs Gandhi’s paradoxical notion that sacrificial political action is the fullest expression of self-rule. For Gandhi, Socrates and Thoreau exemplify civil disobedience as a fearless practice of fidelity to truth profoundly at odds with liberal conceptions of disobedience as fidelity to law. (shrink)

In his 1963 response to an open letter from eight white religious leaders chastising his involvement in Birmingham, Martin Luther King, Jr. explained that civil rights activists’ blatant breaking of some laws while obeying others was the result of two types of laws: just laws and unjust laws. Civil rights activists believed they had a legal responsibility to obey just laws and a moral responsibility to disobey unjust laws. Today, new civil rights struggles continue to challenge unjust (...) laws that shred the fabric of democracy that America espouses. Drawing upon both the Civil Rights Movement and the contemporary Movement for Black Lives, this article argues that unjust laws and practices must be broken and challenged before a just society is established. It identifies four ethical strategies for social activism: collective work and responsibility, strategic timing and economic disconnection, political mobilization, and faithful perseverance. (shrink)

Resumen: En su libro Whose Body is it Anyway? Justice and the Integrity of the Person, Cécile Fabre defiende que, en nombre de la justicia, los recursos de una sociedad deben redistribuirse entre los necesitados y que, entre esos recursos, está incluida la sangre humana, para cuya provisión propone la creación de un servicio civil obligatorio de donación de sangre. Lo que se hace aquí es examinar si, a pesar de lo paradójica que pueda resultar, cabría desarrollar su propuesta (...) en nuestro país. Abstract: In her book Whose Body is it Anyway? Justice and the Integrity of the Person, Cécile Fabre argues that, on behalf of justice, resources of a society should be redistributed to the needy and that, among those resources, human blood is included. For the provision of this material, she proposes the creation of a mandatory civilian service of blood donation. What we propose here is to check if, despite the paradox of his proposal, it could be developed a civilian service of blood donation in our country. (shrink)

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet (...) ultimately different, modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

For the past half a century, Latin American scholars have been pointing toward the emergence of new social actors as agents of social and political democratization. The first wave of actors was characterized by the emergence of novel agents—mainly, new popular movements—of social transformation. At first, the second wave, epitomized by nongovernmental organizations, was celebrated as the upsurge of a new civil society, but later on, it was the target of harsh criticism. The literature often portrays this development in (...) Latin American civil society as a displacement trend of actors of the first wave by the second wave—“NGOization”—and even denounces new civil society as rootless, depoliticized, and functional to retrenchment. Thus, supposedly, NGOization encumbers social change. The authors argue that NGOization diagnosis is a flawed depiction of change within civil society. Rather than NGOization related to the depoliticization and neoliberalization of civil society, in Mexico City and São Paulo, there has been modernization of organizational ecologies, changes in the functional status of civil society, and interestingly, specialization aimed at shaping public agenda. The authors argue that such specialization, instead of encumbering social change, brings about different repertoires of strategies and skills purposively developed for influencing policy and politics. Their argument relies on comparative systematic evidence. Through network analysis, they examine the organizational ecology of civil society in Mexico City and São Paulo. (shrink)