The shift to companionate marriage in South Asia and elsewhere is widely read as a move from ‘tradition’ to ‘modernity’ resulting in an expansion of individual agency, especially for women. This paper critically examines the narratives of urban middle-class women in Sri Lanka spanning three generations to illustrate that rather than indicating a radical shift in the way they negotiated between individual desires and social norms, the emphasis on ‘choice’ signals a shift in the narrative devices used in the (...) presentation of the ‘self’. The paper illustrates how young women's narratives about marriage appear to suggest ‘modernity’ as inevitable—that its processes are reconstituting the person who, less constrained by ‘tradition’ and collective expectations, is now experiencing greater freedom in the domain of marriage. However, it also shows how urban middle-class families in Sri Lanka have collectively invested in the narrative of choice through which ‘a choosing person’ is consciously created as a mark of the family's modernity and progress. Rather than signalling freedom, these narratives about choice reveal how women are often burdened with the risks and responsibility of agency. The paper illustrates that the ‘choosing person’ is produced through narratives that emphasise agency as a responsibility that must be exercised with caution because women are expected by and obligated to their families to make the ‘right’ choices. Hence, a closer look at the individualised ‘choosing person’ reveals a less unitary, relational self with permeable boundaries embedded within and accountable to family and kinship. (shrink)

Ruth Jonathan; Right and Choices: Illusory Freedoms, Journal of Philosophy of Education, Volume 31, Issue 1, 16 December 2002, Pages 83–107, https://doi.org/10.

Disabled women were absent for many years from the discipline that has become known as women and gender studies. This field of study had its origins in the late 1970s following the second wave of feminism. In the latter decades of the twentieth century, disabled women and their allies introduced the necessary task of exploring disabled women's embodiment to the wider feminist community. A wealth of research now exists that incorporates disabled women's bodies into a range of disciplines: from literature, (...) film, art, social sciences, geography, and the environment to many other areas of scholarship. Indeed, many of the themes covered in this special issue have been addressed in different contexts in the disciplines .. (shrink)

Present arrangements for the control and administration of schools in Sweden foster freedom of choice and the interests of different value communities more than ideals such as democratic deliberation. I argue that children and young people should be given the opportunity to deliberate in ‘discourse ethics’ terms during their compulsory schooling, and I suggest that their right to engage in such deliberation is contained in the national curriculum. A discourse ethics approach to democratic deliberation pays attention to whether, (...) and to what extent, individuals are free and able to participate in joint democratic deliberation. (shrink)

The regulation of innovation reflects a specific imaginary of the role of governance that makes it external to the field it governs. It is argued that this decision and rule-based view of regulation is insufficient to deal with the inescapable uncertainties that are produced by innovation. In particular, relying on risk-based knowledge as the basis of regulation fails to deal sufficiently both with the problem that innovation ensures the future will not resemble the past, and with the problem that the (...) social priorities that underlie innovation often remain unquestioned. Recently, rights-based frameworks have been defended as principle-based approaches to innovation governance that address the gaps which trouble an understanding of regulation as guided by risk-based decision procedures. An alternative view of governance is defended, based on a concept of care drawn from feminist ethics and other traditions. Care aims, not at justifying punctual decisions, but at transforming institutions and practices, with the goal of creating specific institutional ‘virtues’, and requires the broad and deep participation of publics in shaping innovation. In this way, governance is made internal to innovation. (shrink)

Normal agents in the actual world are limited: they cannot think about all the options that are available to them—or even about all options that are available to them according to their evidence. Moreover, agents cannot choose an option unless they have thought about that option. Such agents can be irrational in two ways: either by making their choice too quickly, without canvassing enough options, or by wasting time canvassing ever more options when they have already thought of enough (...) options. This chapter proposes an account of this kind of rationality for limited agents. To be rational, such agents need a kind of background sensitivity to whether or not continuing to search for more options has greater expected value than deciding right away. According to this proposal, it is the unavoidable predicament of choice that all rational decision-making depends on the unconscious operation of mental dispositions. (shrink)

Since its inception, donor conception practices have been a reproductive choice for the infertile. Past and current practices have the potential to cause significant and lifelong harm to the offspring through loss of kinship, heritage, identity, and family health history, and possibly through introducing physical problems. Legislation and regulation in Australia that specifies that the welfare of the child born as a consequence of donor conception is paramount may therefore be in conflict with the outcomes. Altering the paradigm to (...) a child-centric model, however, impinges on reproductive choice and rights of adults involved in the process. With some lobby groups pushing for increased reproductive choice while others emphasise offspring rights there is a dichotomy of interests that society and legislators need to address. Concepts pertaining to a shift toward a child-centric paradigm are discussed. (shrink)

Next SectionMonicelli's suicide has reawakened a political and legal dispute about the medical role in end-of-life decisions, allowing us to discuss medical, ethical, legal, religious and political debate in various paradigmatic conscious and unconscious cases of end-of-life decision. We analyse the uncertainty about the ‘a priori’ choice between different specific legislative systems, highlighting the need for a unifying model, dictated by the existing trust in the critical relationship between patient and doctor, whose primary mission should be not only ‘to (...) cure’ but also ‘to care’. (shrink)

Simply put, charter schools have not lived up to their advocates’ promise of equity. Using examples of tangible civil rights gains of the twentieth century and extending feminist theories of invisible labor to include the labor of democracy, the authors argue that the charter movement renders invisible the labor that secured civil protections for historically marginalized groups. The charter movement hangs a quality public education—previously recognized as a universal guarantee—on the education consumer’s ability to navigate a marketplace. The authors conclude (...) that the neoliberal agenda of positioning choice as the best mechanism for securing an education rolls back the rights that were already secured through the labor of democracy. (shrink)

The importance of economic freedom for economic development can no longer be denied. What is often denied, however, is respect for individuals’ rights and personal choices. The role of individual choice is often dismissed or set aside by the development community. In this essay, I argue that inherent to economic freedom’s economic success is the promotion and acceptance of individual choice. Development theory should include recognition of and respect for personal choices, a theory I call “Catfish Man of (...) the Woods” theory of development. (shrink)

In this article it is argued that Jhering’s conception of legal formality, which became notorious for being the most extreme expression of conceptualism, makes sense if it is recast as a theory of rights. It is from this vantage point that Jhering’s later methodological self‐critique becomes intelligible in which he mitigated the strains of conceptual constructivism by reflecting on the value of choice granted by a system of rights.

(2013). Review of Peter Ubel, Critical Decisions: How You and Your Doctor Can Make the Right Medical Choices Together. The American Journal of Bioethics: Vol. 13, No. 4, pp. 53-54. doi: 10.1080/15265161.2013.768866.

This essay examines the right of health care freedom of choice contained in some state constitutions. It explores how courts have, and could, use this constitutional health care right as a basis for recognizing or reinforcing a fundamental right to choose an abortion.

Making decisions when caring for children and young people involves a delicate balancing of the child’s rights and needs as well as the rights of the parents. Those who look to the law for guidance will find that it is often unclear. The courts have asserted the parents’ rights to make decisions concerning the child’s treatment, in so far as these accord with the child’s welfare. Children have the right to be consulted about decisions concerning their welfare. Some people (...) see an anomaly in relation to treatment in that, while a court has overruled in the case of a competent child’s right to refuse treatment, a child considered competent may initiate consultation and consent to treatment without their parents’ knowledge or consent. The child’s right to confidentiality appears to override the parent’s right to the information parents need if they are to be aware of, let …. (shrink)

The present book, “Rights of Depressed Classes: A Constitutional Approach “is the fourth e-book of the Centre which includes the essence of the occasional papers presented in several seminars. Human Rights is one of the majors subjects for discussion in academics as well as in social sector and has an international approach to social issues and problems. The struggle to promote, protect and preserve human rights changes and holds continuity in every generation in our society. The concept and practice of (...) human rights is the hallmark of any modern society. Marginalized Groups of India includes SCs/STs, Women and Children etc. The Constitution of India provides equal rights to all its citizens’ right to live with equality, honour and dignity. But the caste system and untouchability somehow and others are still playing negative roles from different parts of the society. Talhan, Meham, Dulina, Gohana, Saalwan, Chakwada, Khairlanji, Khandamal and Mirchpur are some of the recent instances of atrocities against Dalits in India. Atrocities against Dalits thus continue to exist even today, despite constitutional safeguards, and various legislative measures. Empowerment is the process of increasing the capacity of individuals or groups to make choices and to transform those choices into desires actions and outcomes. (shrink)

Conviction Narrative Theory (CNT) is a theory of choice underradical uncertainty– situations where outcomes cannot be enumerated and probabilities cannot be assigned. Whereas most theories of choice assume that people rely on (potentially biased) probabilistic judgments, such theories cannot account for adaptive decision-making when probabilities cannot be assigned. CNT proposes that people usenarratives– structured representations of causal, temporal, analogical, and valence relationships – rather than probabilities, as the currency of thought that unifies our sense-making and decision-making faculties. According (...) to CNT, narratives arise from the interplay between individual cognition and the social environment, with reasoners adopting a narrative that feels “right” to explain the available data; using that narrative to imagine plausible futures; and affectively evaluating those imagined futures to make a choice. Evidence from many areas of the cognitive, behavioral, and social sciences supports this basic model, including lab experiments, interview studies, and econometric analyses. We identify 12 propositions to explain how the mental representations (narratives) interact with four inter-related processes (explanation, simulation, affective evaluation, and communication), examining the theoretical and empirical basis for each. We conclude by discussing how CNT can provide a common vocabulary for researchers studying everyday choices across areas of the decision sciences. (shrink)

Many writers argue that future persons cannot have rights because they do not exist now. Therefore, they cannot be our equals. Derek Parfit argues that future persons cannot claim that past persons have violated their rights. If actions of past persons alter the genetic identity of future persons, then they would not exist at all. It is argued that Parfit's view is incorrect. In such cases it is our duty to reason as if there is some real person or other (...) at some temporal distance from us whom we must take precautions not to harm. Moreover, future persons are real, determinate persons. It would be as wrong to discriminate against them as it would be to discriminate against those at spatial distance. ;In accord with Joel Feinberg, rights are interpreted as valid claims to have our interests fulfilled. If it is known in advance that all of a particular future person's basic interests have been destroyed before he or she is born, then that person has a right not to be born. With respect to genetic heritage, some inherited conditions, notably anencephaly, Tay-Sachs syndrome, and Lesch-Nyhan syndrome, do destroy all the basic interests of a person before he or she is born. Such individuals have rights not to be born. Other genetic conditions harm a child and may be a wrong her if such a condition could have been prevented by parents or others responsible for her conception or birth. ;The limitations of predictions in human genetics are reviewed, and a brief history of the misuses of information in genetics to support public policy in eugenics is given. It is argued that no wholescale public program in eugenics should be supported. But, individuals need to make responsible reproductive choices. Lineal descendants have rights not to be harmed by severely debilitating genetic conditions. Moreover, every immature person has rights to be nurtured, and parents have duties to care for children born to them. They have duties not to conceive or in some cases not to give birth to children who would be harmed by genetic diseases. (shrink)

Consistency with the formal Church’s thesis, for short CT, and the axiom of choice, for short AC, was one of the requirements asked to be satisfied by the intensional level of a two-level foundation for constructive mathematics as proposed by Maietti and Sambin From sets and types to topology and analysis: practicable foundations for constructive mathematics, Oxford University Press, Oxford, 2005). Here we show that this is the case for the intensional level of the two-level Minimalist Foundation, for short (...) MF, completed in 2009 by the second author. The intensional level of MF consists of an intensional type theory à la Martin-Löf, called mTT. The consistency of mTT with CT and AC is obtained by showing the consistency with the formal Church’s thesis of a fragment of intensional Martin-Löf’s type theory, called \, where mTT can be easily interpreted. Then to show the consistency of \ with CT we interpret it within Feferman’s predicative theory of non-iterative fixpoints \ by extending the well known Kleene’s realizability semantics of intuitionistic arithmetics so that CT is trivially validated. More in detail the fragment \ we interpret consists of first order intensional Martin-Löf’s type theory with one universe and with explicit substitution rules in place of usual equality rules preserving type constructors -rule which is not valid in our realizability semantics). A key difficulty encountered in our interpretation was to use the right interpretation of lambda abstraction in the applicative structure of natural numbers in order to model all the equality rules of \ correctly. In particular the universe of \ is modelled by means of \-fixpoints following a technique due first to Aczel and used by Feferman and Beeson. (shrink)

Post–World War II developments concerning citizenship and access as one of the dimensions of citizenship are examined through the prism of noncitizenship and rights, using the drafting of the asylum paragraph of the 1949 Grundgesetz of the Federal Republic of Germany as a specific case study. The aim of this article is to look into the creation of the right to asylum in West Germany, to examine its political history by exploring its development and by searching for its conceptual, (...) political, and rhetorical origins. The article investigates the birth of the unique conceptualization of asylum in the debates of the Parliamentary Council, the constitutional and quasi-parliamentary assembly responsible for the writing of the postwar Basic Law, and examines the political choices, motivations, and compromises behind its creation. To connect the matter of asylum to a wider problematic related to noncitizens and rights, the article benefits from the political philosophy of Hannah Arendt, with reference to her writings on human rights and refugees in the immediate post–World War II period. (shrink)

This paper takes some steps toward defending the idea that justified choice always depends on the comparability of the alternatives. If the arguments are right, there can be no justified choice among incomparable alternatives.

Genetic intervention is on the near horizon for the treatment of substance abu se. Genetic intervention involves a reprogramming of a person’s own genetic instructions so that that person will no longer have the physical craving for the drug of choice. Unlike pharmacologic intervention, genetic intervention will change the genetic identity of the person, albeit slightly. The legal issue is whether one has a fundamental right to this medical procedure. A fundamental right is one that the government (...) cannot deny without a compelling interest. The case law indicates that the right o f medical necessity applies when the person’s affliction is serious, there are no reasonable or effective alternatives, the person did not intentionally cause the condition, and the treatment is effective for the long term. Unlike the medical marijuana ph enomenon, genetic intervention is per se anti - drug, unrelated to illegal, recreational drug use, and on its face has a medical use. Legal doctrines to date though not directly on point are conceptually compatible with the existence of a fundamental right of medical necessity for genetic intervention. (shrink)

Women’s right to exercise choice has been one of feminism’s central political claims. Where second wave feminism focused on the constraints women faced in making free choices, choice feminism more recently reorients feminist politics with a call for recognition of the choices women are actually making. From this perspective the role of feminism is to validate women’s choices without passing judgement. This article analyses this shift in orientation by locating women’s choices within a late modern gender order (...) in which the ideal of choice has increasingly been associated with a new form of femininity characterized as self-determining, individuated and ‘empowered’. Instead of offering an effective analysis of the changing social conditions within which the relationship between feminism, femininity and individual choice has become increasingly complicated, choice feminism directs criticism at feminist perspectives characterized as overly prescriptive. This critique fails to appreciate how feminist ideals have been recuperated in the service of late capitalism and neoliberal forms of governance. By failing to engage critically with processes currently impacting on the social organization of gender choice feminism aids in the constitution of an individuated neoliberal feminist subject which performs cultural work vital to the reproduction of neoliberal governmentality. (shrink)

James E. Bruce explores the relationship between morality and God’s free choices in the thought of Francis Turretin. The first book-length treatment of Turretin’s natural law theory, Rights in the Law provides an important theological backdrop to Early Modern moral and political philosophy. Turretin affirms Thomas Aquinas’s approach to the natural law, calling it the common opinion of the Reformed orthodox, but he develops it, too, by introducing a threefold scheme of right —divine, natural, and positive—to explain how change (...) within the law is possible. For example, God can change the specific day for Sabbath observance from Saturday to Sunday—from positive right—without changing the natural law precept that finite creatures ought to rest. Yet even with respect to the natural law God is still free. God can make a world in which there is no such thing as murder: he can choose not to make a world that contains such a thing as man. What God cannot do is make a murderable man. So God’s free choices determine the natural law insofar as the natural law is constituted by the nature of the things that God has chosen to create. (shrink)

This article is another unapologetic contribution to ‘the gentle art of rational choice bashing’. The debate over rational choice theory (RCT) may appear to have tired out; yet RCT is as dominant in political sciences as ever. The reason is that critics typically take aim at the symptoms of RCT’s failings, rather than their root cause: RCT’s very ambition of being the ‘science of choice’. In this article I argue that RCT fails twice, first as a science (...) of choice and then as a science of choice. Both failures suggest that political sciences need an epistemologic (re)conversion away from the Platonic ideal of a deductive and universal science of choice toward a more inductive and pluralist paradigm. While advocates of RCT rightly insist that ‘you can’t beat something with nothing’, I take their advice, with a grain of salt: in order for alternatives to appear, the frame of references needs to be modified. I draw a few perspectives for the political sciences. (shrink)

Loose, unconnected, free-floating, mobile: this is the modern individual, at least in comparison with the immediate past.

In this paper, I develop two philosophically suggestive arguments that the late Justice Stevens made in Citizens United against the idea that business corporations have free speech rights. First, (1) while business corporations conceived as real entities are capable of a thin agency conceptually sufficient for moral rights, I argue that they fail to clear important justificatory hurdles imposed by interest or choice theories of rights. Business corporations conceived as real entities lack an interest in their personal security; moreover, (...) they are incapable of exercising innate powers of choice. Second, (2) I argue that the structure and functionally individualized purpose of a business corporation—to increase value for its shareholders—undermines the implicit joint commitment necessary to derive corporate rights of free speech from non-operative shareholder-member rights. Since one cannot transfer innate moral rights such as free speech, any exercise of this right on behalf of another must be limited in scope. (shrink)

ICRC has coordinated relief for victims who are ignored by the world, in more places than all the UN agencies combined. When law is silent, as often during war time it is, human rights policies must be built on ethical choice.

In this essay, I provide evidence that a new generation of prochoice advocates wishes to move away from defending abortion rights via the view that fetal life has little or no value and toward a more complex view of abortion rights. This newer view simultaneously grants that fetuses are more than simply “clumps of cells,” that they are, to some extent, entities that possess some degree of value, and also that women still have the right to decide whether they (...) wish to continue a pregnancy. Prima facie, this may sound like an impossible task—an instance of “having your cake and eating it too”—but I will show throughout my paper that, and how, such a task can indeed be accomplished. (shrink)

Exploring the peculiar nature of future generations and concluding that types of future people is the most promising object on which to project our concern for future generations the article poses two main questions: “Can future people have rights?” and, if so, “Do they in fact have any rights?” The article first explains why the non-existence of future people raises doubts whether future generations can have rights. Within the philosophical literature, the leading approach explaining how future people can, nevertheless, have (...) rights argues that they have rights as tokens of types of people. After presenting this account of the rights of future people and couching it in a jurisprudential context, this Article points out a possible deficiency in the approach’s metaphysical underpinnings. Assuming that future people can have rights the article goes on to explain that there is reason to doubt whether any such rights actually exist, which derive from the doubt whether future people will be harmed by most actions and choices in their prenatal past. According to what has come to be known as the “nonidentity argument,” actions and choices that are necessary parts of the causal chain leading up to the existence of a person cannot harm that person - had the act or choice not occurred that person would have never existed, and one is better off existing than not. Under the two prevalent theories of rights, the Will Theory and the Interest Theory, the nonidentity argument seemingly entails that future people have no rights. After exploring how this is the case, the conception of harm underlying the nonidentity argument is analyzed. Two types of interests future people may have in prenatal identity-determinative events (constitutive interests and threshold interests) are explored as possible sources of certain rights future people may have - the nonidentity argument notwithstanding. The article then elaborates and assesses the merits of these approaches. (shrink)

Political theorists advocating the abolition of instrumental uses of groups of animals are divided with respect to how they evaluate welfare reforms. Radical abolitionists maintain that welfare reforms are only dubiously described as moral improvements while pragmatic abolitionists maintain that welfare reforms are moral improvements, even if the conditions they permit are unjust. This article examines Wyckoff’s interest model against the case of a Cincinnati coalition’s efforts to reform the local food chain. This article argues that the coalition’s program of (...) choice is a welfare reform and that the interest model must evaluate the program as a moral improvement. This article concludes that if the interest model is the most appropriate political theory of animal rights, pragmatic abolitionism is philosophically more appropriate than radical abolitionism. (shrink)

Our ability to make choices is fundamental to our sense of ourselves as human beings, and essential to the political values of freedom-protecting nations. Whom we love; where we work; how we spend our time; what we buy; such choices define us in the eyes of ourselves and others, and much blood and ink has been spilt to establish and protect our rights to make them freely. Choice can also be a burden. Our cognitive capacity to research and make (...) the best decisions is limited, so every active choice comes at a cost. In modern life the requirement to make active choices can often be overwhelming. So, across broad areas of our lives, from health plans to energy suppliers, many of us choose not to choose. By following our default options, we save ourselves the costs of making active choices. By setting those options, governments and corporations dictate the outcomes for when we decide by default. This is among the most significant ways in which they effect social change, yet we are just beginning to understand the power and impact of default rules. Many central questions remain unanswered: When should governments set such defaults, and when should they insist on active choices? How should such defaults be made? What makes some defaults successful while others fail? Cass R. Sunstein has long been at the forefront of developing public policy and regulation to use government power to encourage people to make better decisions. In this major new book, Choosing Not to Choose, he presents his most complete argument yet for how we should understand the value of choice, and when and how we should enable people to choose not to choose. The onset of big data gives corporations and governments the power to make ever more sophisticated decisions on our behalf, defaulting us to buy the goods we predictably want, or vote for the parties and policies we predictably support. As consumers we are starting to embrace the benefits this can bring. But should we? What will be the long-term effects of limiting our active choices on our agency? And can such personalized defaults be imported from the marketplace to politics and the law? Confronting the challenging future of data-driven decision-making, Sunstein presents a manifesto for how personalized defaults should be used to enhance, rather than restrict, our freedom and well-being. (shrink)

This paper investigates what choices teachers made and what rationales they offered related to the inclusion and exclusion of primary source photographs for a hypothetical unit about the U.S. Civil Rights Movement in order to better understand teachers’ curricular decision-making as it relates to representing the histories of oppressed people. Elementary and secondary social studies/history teachers from three different in-service and pre-service cohorts ( n=62) selected and discarded images from a bank of 25 famous and lesser-known photographs. Their decisions and (...) explanations were coded for emergent themes. Findings reveal that these teachers tended to be guided by criteria both technical (how they might teach using a particular photograph) and philosophical (why they might teach about a particular photograph), with narrow definitions of what they deemed relevant and appropriate for their students. Their choices constructed a sanitized narrative of the Civil Rights Movement that largely avoided a discussion of racism. (shrink)

This article considers the implications of luck egalitarianism for a range of issues relating to international, South-North migration. More specifically, the implications of luck egalitarianism for the question of whether receiving societies are justified in extending to immigrants a less comprehensive set of rights than that enjoyed by other members of society are considered. First, are voluntary migrants responsible for their migration in such a way that receiving societies are justified in extending to them a less comprehensive set of rights (...) than if, say, they had been involuntary migrants, or citizens of the destination country? Since luck egalitarianism aims to redistribute only for inequalities for which individuals are not responsible, there is an issue of whether it will hold individuals responsible for their choice of migration in such a way that it may justify asymmetrical sets of rights between voluntary immigrants and other members of society. Second, it may be possible to allow access for a higher number of disadvantaged migrants if they are granted access to a less extensive package of rights when they reach the destination country than if they are granted access to a more extensive such package. If so, may not the less extensive package of rights turn out to have a greater positive impact on global equality? Both these arguments are critically discussed and it is concluded that neither justifies extending to immigrants a less comprehensive set of rights. (shrink)

The Ford Pinto’s fuel tank was prone to rupture in collisions above 20 mph, sometimes resulting in burn deaths. An infamous Ford memo estimated the cost of a shield correcting the problem at $11. Should Ford have installed the shield, holding public safety paramount, or, respecting consumer autonomy, have made the shield an option? Answering this question requires distinguishing between three kinds of autonomy: merechoice autonomy (deciding something for oneself, regardless of the content of the choice), proclamative autonomy (making (...) a choice that holds up a value or standard, commitment to which is partly definitive of who one is), and high-impact autonomy (making a choice that profoundly affects one’s ability to make proclamative choices). (This is not a formal distinction, that is, a distinction meant be to be clear, rigorous, and neutral). Autonomy is thus asymmetric: choosing to do x may be highly proclamative while choosing not to do x is not. In the Pinto case, not giving consumers the option of declining the shield undercuts only mere-choice autonomy. Several arguments are provided (including an argument based on the nature of moral agency) that proclamative autonomy (and, derivatively, high-impact autonomy), rather than mere-choice autonomy, has significant positive value. More precisely, it is argued that, as a rule, the more proclamative a choice is, other things being equal, the more weight autonomy claims about that choice possess. The paper concludes that common sense is correct about the Pinto case. In some instances, consumer choice may legitimately count more than the engineer’s commitment to public safety (particularly when proclamative choice is involved). However, losing the opportunity to save $11 is not too large a price to pay in order to counter market pressures against safety by inducing in engineers a professional commitment to put safety first. (shrink)

The concept of right or fit is an important element entailed, but not fully articulated, in the concept of action or practice in Aristotle's theory of virtue; which, however, turns to be of the utmost importance in later Western ethics. Right is concerned with both feelings and actions, and is not the same for all individuals. It lies in between the two extremes of the spectrum of practical affairs, yet by no means equidistant from them. This account of (...) the concept of fitness or right is derived from the categories of quantity, relationship, and quality rather than from that of substance. Thus, it seems that virtue is relative to vice or error within a continuous existence. If, however, the right of passion and action is environmental and concrete, is it multiple and not singular? To this question, Aristotle gives his reply on two levels: On the level of concrete practitioners, what is right and fit to one man might not be so to another man, and hence the right of practice is not singular but multiple; whereas on the level concerned with the only right choice compared with the two extremes or errors, the right of practice will always be singular. /// "正确"是隐含于亚里士多德的德性学说中的一个重要而未充分展开的，在 后来的西方伦理学中却变成极为重要的关于行为或实践的概念。"正确"与感情和 行为都相关。"正确"并不是对所有人同样的。它是两端间的那个中间，但井不始 终与两端距离相等。对适度或正确的这种说明基本上是从数量、关系与性质范畴引 出，而不是从实体范畴引出的述说。所以，德性似乎始终是在一种有连续性的存在 中相对于恶或错误而言的。感情与行为的正确如果是环境的、具体的，它是否是多 而不是一?亚里士多德在两个层面上回答这个问题。在相对于具体实践者的层面， 对我而言的适度或正确很可能不同于对你而言的，实践的正确不是一而是多:在相 对于两端或错误唯有一个正确的选择而言，实践的正确始终只是一。. (shrink)

During the course of life, it is common to make some decisions that prove to be correct. Some of these choices are made without a specific reason, but only out of habit or intuitively, while others are based on judgments and motivations. However, when we claim that a decision is “right”, what kind of judgment are we referring to? On the one hand, the term “right” (or “wrong”) often refers to abstract norms. Usually, truth and falsehood serve as (...) criteria in these cases. In such situations, judgments about what is “right” or “wrong” depend strictly on an accurate rational evaluation, which is instrumental in guiding individuals to undertake or avoid certain actions. On the other hand, there is a sense of justice that concerns ethics and values. In these circumstances, a decision is generally considered “right” if it is based on a criterion of judgment that allows individuals to make a decision freely, without being bound by an abstract norm, but rather by elaborating the choice as the realization of what they consider good and just. In this paper will examine and redefine the concept of “right choice”, acknowledging the above mentioned dual nature of its meaning. It will be argued there is a link between what abstract norms dictate to do, in order to reach a formally correct decision, and what, instead, depends on merely reasons and attitudes. This connection is indeed ensured by wise decisions. (shrink)

The UN Convention on the Rights of Persons with Disabilities (CRPD) was passed in 2006 and came into force in 2008. It sets out a number of core values, including dignity, individual autonomy, non-discrimination, participation and community inclusion. Although the CRPD has been recognised as an important step forward by many disabled people and their supporters and provides the foundation for building a good life, the author argues that it does not necessarily equate with it. The underpinning Western values of (...) choice, independence and control are important, but leave out groups of marginalised people for whom these goals may not be achievable. They also present challenges and dilemmas for those involved in supporting/caring roles. In this paper, the author reflects on the implications of the CRPD for the lives of people with learning disabilities, in particular those with profound needs and explores whether it provides a genuinely coherent framework for an inclusive society. (shrink)

In this paper I put forward an ethical argument for the provision of extensive patient choice by the British National Health Service. I base this argument on traditional liberal rights to freedom of choice, on a welfare right to health care, and on a view of health as values-based. I argue that choice, to be ethically sustainable on this basis, must be values-based and rational. I also consider whether the British taxpayer may be persuadable with regard (...) to the moral acceptability of patient choice, making use of Rawls’ theory of political liberalism in this context. I identify issues that present problems in terms of public acceptance of choice, and also identify a boundary issue with regard to public health choices as against individual choices. (shrink)

When subject to the choice-blindness effect, an agent gives reasons for making choice B, moments after making the alternative choice A. Choice blindness has been studied in a variety of contexts, from consumer choice and aesthetic judgement to moral and political attitudes. The pervasiveness and robustness of the effect is regarded as powerful evidence of self-ignorance. Here we compare two interpretations of choice blindness. On the choice error interpretation, when the agent gives reasons (...) she is in fact wrong about what her choice is. On the choice change interpretation, when the agent gives reasons she is right about what her choice is, but she does not realise that her choice has changed. In this paper, we spell out the implications of the two interpretations of the choice-blindness effect for self-ignorance claims and offer some reasons to prefer choice change to choice error. (shrink)

Property rights are the rules governing ownership in society. This Element offers an analytical framework to understand the origins and consequences of property rights. It conceptualizes of the political economy of property rights as a concern with the follow questions: What explains the origins of economic and legal property rights? What are the consequences of different property rights institutions for wealth creation, conservation, and political order? Why do property institutions change? Why do legal reforms relating to property rights such as (...) land redistribution and legal titling improve livelihoods in some contexts but not others? In analyzing property rights, the authors emphasize the complementarity of insights from a diversity of disciplinary perspectives, including Austrian economics, public choice, and institutional economics, including the Bloomington School of institutional analysis and political economy. (shrink)

Global debates in approaches to HIV/AIDS control have recently moved away from a uniformly strong human rights-based focus. Public health utilitarianism has become increasingly important in shaping national and international policies. However, potentially contradictory imperatives may require reconciliation of individual reproductive and other human rights with public health objectives. Current reproductive health guidelines remain largely nonprescriptive on the advisability of pregnancy amongst HIV-positive couples, mainly relying on effective counselling to enable autonomous decision-making by clients. Yet, health care provider values and (...) attitudes may substantially impact on the effectiveness of nonprescriptive guidelines, particularly where social norms and stereotypes regarding childbearing are powerful, and where providers are subjected to dual loyalty pressures, with potentially adverse impacts on rights of service users. Data from a study of user experiences and perceptions of reproductive and HIV/AIDS services are used to illustrate a rights analysis of how reproductive health policy should integrate a rights perspective into the way services engage with HIV-positive persons and their reproductive choices. The analysis draws on recognised tools developed to evaluate health policies for their human rights impacts and on a model developed for health equity research in South Africa to argue for greater recognition of agency on the part of persons affected by HIV/AIDS in the development and content of policies on reproductive choices. We conclude by proposing strategies that are based upon a synergy between human rights and public health approaches to policy on reproductive health choices for persons with HIV/AIDS. (shrink)

The concept of right or fit is an important element entailed, but not fully articulated, in the concept of action or practice in Aristotle’s theory of virtue; which, however, turns to be of the utmost importance in later Western ethics. Right is concerned with both feelings and actions, and is not the same for all individuals. It lies in between the two extremes of the spectrum of practical affairs, yet by no means equidistant from them. This account of (...) the concept of fitness or right is derived from the categories of quantity, relationship, and quality rather than from that of substance. Thus, it seems that virtue is relative to vice or error within a continuous existence. If, however, the right of passion and action is environmental and concrete, is it multiple and not singular? To this question, Aristotle gives his reply on two levels: On the level of concrete practitioners, what is right and fit to one man might not be so to another man, and hence the right of practice is not singular but multiple; whereas on the level concerned with the only right choice compared with the two extremes or errors, the right of practice will always be singular. (shrink)

The defense of necessity, also known as the “choice of evils,” reflects popular moral intuitions and common sense: sometimes, breaking the rules is the right—indeed, the only—thing to do in order to avoid a greater evil. Citing a classic example, mountain climbers may break into a cabin to wait out a deadly snow storm and appropriate the owner’s provisions because their property violations are a lesser evil compared to the loss of life. At the same time, this defense (...) contradicts the fundamental principles of criminal responsibility in that it authorizes violation of rights of innocent bystanders. By allowing the mountain climbers to override the property rights of the cabin owner, the defense effectively forbids the cabin owner to use force in response—a different rule would perpetuate violence. This outcome is at odds with the basic criminal law doctrines. There is no general duty to rescue in Anglo-American law. Yet, by forbidding the cabin owner to use force, the defense of necessity essentially imposes on him the duty to forego his interests in favor of those of the mountain climbers. The paper explores the origins and boundaries of the defense of necessity. It argues that the existing public and private theories of necessity are unsatisfactory and concludes that a viable theory of necessity should be able to explain why it is sometimes permissible to override individual rights of citizens without their consent or fault. (shrink)

On the face of it, the perspective that Casper puts forward in his paper (Chap. 2) and the one I offer in mine (Chap. 4)are completely at odds with each other. He sees the current diversity of explanations, theories and methods in embodied cognitive science as problematic and calling for some kind of integration, whereas I defend an extreme pluralist stance and don’t see the diversity as a problem. Not only that, but while he argues for coordination between the disparate (...) approaches, I propose that expecting such coordination is in many cases unrealistic and moreover that, even when it’s possible, it might be counterproductive. The straightforward thing to do now would be for me to double down and use this space to try to show why I’m right and Casper is wrong. But I don’t think he’s wrong. He and I do disagree, but I don’t think it’s that sort of disagreement where only one side can be right and the other must be wrong. In particular, I don’t think that focusing on the different conclusions he and I draw in our respective chapters is a fruitful way to understand the nature of our disagreement. My goal in this commentary will be to explain why. I don’t know if Casper will agree with my assessment or not, but I won’t be surprised if he doesn’t—in fact, as I will suggest, this would make perfect sense given what I propose in my chapter. Still, my hope is that, by clarifying how (from my perspective) our different views relate to each other, I can help some readers better appreciate both his proposal and mine. (shrink)