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141. Social Philosophy Today: Volume > 23
Edmund F. Byrne Can Arms Be Sold Responsibly in the Global Market?
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Corporate social responsibility (CSR) research has ignored the arms industry, in large part because of political assumptions that tie this industry to nation-state sovereignty. Bypassing this obsolescent Westphalian world-view, I examine the US arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find the arms industry fails each of these four CSR requirements. In response to the assertion that the arms industry should not be subject to CSR requirements because it is crucial to national defense, I point out that many arms manufacturers are post-Westphalian entities more powerful in their own right than many nation-states. So they should be held responsible for the foreseeable consequences that flow from use of their products, both under civil law and, where applicable, under international human rights standards.
142. Social Philosophy Today: Volume > 23
Cheryl Hughes Defining and Prosecuting International Crimes: Commentary for Larry May, Crimes Against Humanity: A Normative Account
143. Social Philosophy Today: Volume > 23
Sharon Anderson-Gold Human Rights, Cultural Identity, and Democracy: The Case for Multicultural Citizenship
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This paper traces the evolution of the international concept of a human right to culture from a general and individual right of participation in the public life of a state (1966, Article 27 of the IC of Civil and Political Rights), to a group right to a cultural identity (1992 Declaration on the rights of persons belonging to national or ethnic, religious or linguistic minorities). I argue that the original generic formulation of the human right to culture reflected the nineteenth-century ideal of one-nation, one culture which had proved inadequate from the beginning even in Europe and wrecked havoc upon newly evolving nations in previously colonized territories. International Human Rights doctrine has had to evolve in response to the confl icts that have erupted within multi-ethnic states. In this paper I will consider and defend the argument of William Kymlicka that culture is a necessary context for the exercise of meaningful choices and therefore, within limits, deserves protection within liberal regimes. I argue that providing political support for cultural identities in the form of group rights need not imply a right of secession and can support a robust conception of multicultural citizenship. I analyze the philosophical significance of cultural identity for human dignity and democratic participation in multicultural contexts and conclude that group rights are neither “collectivist” nor “individualist” but a necessary and significant byproduct of the fundamental human right to free association.
144. Social Philosophy Today: Volume > 23
Jan Sutherland, Elaine Gibson Cosmopolitanism and Global Public Health
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In this paper we examine a nation’s obligations to report infectious diseases under the World Health Organization’s new International Health Regulations. We argue that acceptance of the Regulations signals a concrete turn to cosmopolitan citizenship in the area of health. But we also show that the new global health regime and its economic consequences raise ethical tensions for both the conceptualization and practice of cosmopolitanism. Specifically: 1) using global public heath as a lens makes visible how current conceptions of cosmopolitan theory are not truly in conversation with those who are the subject of their concern; and, 2) focusing on global public health illustrates the limits of present cosmopolitan citizenship. In matters of virulent pathogens, nations are required to be good global citizens by protecting citizens of other states in the absence of a framework by which other states bear some of the costs that such global citizenship demands.
145. Social Philosophy Today: Volume > 23
Marilyn Fischer Reflections on Larry May’s Crimes Against Humanity
146. Social Philosophy Today: Volume > 23
Alex Sager Culture and Immigration: A Case for Exclusion?
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A number of prominent political philosophers, including Will Kymlicka and Joseph Carens, have suggested that one reason for limiting immigration is to protect culture, particularly what Kymlicka calls “societal culture”: “a territorially-concentrated culture, centered on a shared language which is used in a wide range of societal institutions, in both public and private life (schools, media, law, economy, government, etc.).” I situate this claim in the context of liberal nation-building and suggest that the arguments for the protection of culture are often vague, confused or tend to conflict with liberal commitments. When clear, they gain their plausibility from other concerns (e.g., self-defense), not cultural protection. Finally, given plausible empirical assumptions, the dangers to societal culture are considerably exaggerated and provide little reason for preventing immigration. I then briefl y consider the case of general culture and whether there are some grounds to limit immigration to protect it, using the example of Iceland and aboriginal cultures to situate my arguments. Once again, I conclude that the appeal to culture to limit immigration is weak and philosophers searching for arguments against open borders should turn elsewhere.
147. Social Philosophy Today: Volume > 23
Matthew R. Silliman, David Kenneth Johnson Tortured Ethics
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This dialogue discusses a proposal for the legalization of torture under specific circumstances and contrasts it with arguments for a total ban on torture. We consider three types of objection: first, that the difficulty of having adequate knowledge renders the stock “ticking bomb” scenario such a low-probability hypothetical as to present no realistic threat to a policy banning all torture; second, that empirically the information gleaned from torture is so unlikely to be reliable that it could not justify the moral risk; and third, that sanctioning torture, even if only under the most extreme circumstances, would generate a ‘culture of torture,’ hence undermining fragile advances in international human rights rooted in unwavering commitment to human dignity. Compelling as these arguments appear, not all the conversants are wholly convinced by them; to this extent the dialogue ends aporetically.
148. Social Philosophy Today: Volume > 23
Will Kymlicka Minority Rights and the New International Politics of Diversity
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This paper address the challenges that have emerged in the attempt to codify and enforce international standards of minority rights. Without offering any magic solutions for overcoming all of these difficulties, my aim is to more clearly identify the challenges they raise and the pitfalls ahead of us if we ignore them. These include conceptual confusions, moral dilemmas, unintended consequences, legal inconsistencies and political manipulation. The paper concludes with some ideas about how international minority rights might be institutionalized more successfully.
149. Social Philosophy Today: Volume > 23
Larry May The Moral Foundations of International Criminal Law: Response to Three Critics
150. Social Philosophy Today: Volume > 23
Lisa H. Schwartzman Can Liberalism Account for Women’s “Adaptive Preferences”?
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Feminist philosophers have questioned whether liberal theory can account for the phenomenon of adaptive preferences, specifically women’s preferences that are formed under conditions of sexist oppression. In this paper, I examine the argument of one feminist who addresses the problem of women’s “deformed desires” by relying on a liberal framework. Assessing her argument, I conclude that liberalism provides inadequate resources for responding to this issue since it errs in understanding adaptive preferences as exceptional, provides little explanation of how changes in individual preferences are motivated, and often fails to identify the adaptive nature of such preferences. I illustrate my arguments through a brief discussion of women’s choices around motherhood and sexuality, and I conclude by offering several suggestions of how an alternative theory might better address the problems raised by preference adaptation in the context of oppression.
151. Social Philosophy Today: Volume > 23
John Rowan Preface
152. Social Philosophy Today: Volume > 23
P. J. Lomelino Individuals and Relational Beings: Expanding the Universal Human Rights Model
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Currently, the universal human rights model relies on the notion of individual human rights. According to Michael Ignatieff, this is based on the fact that universal human rights are necessarily individual rights. However, there are cultures in which persons define themselves as relational beings (firmly believing that the foundation of their value as persons rests in their being an integral part of a larger whole rather than their being identified as an individual self). Thus, the problem arises as to whether universal human rights can apply to such persons. In this paper, I will argue that Ignatieff is mistaken; there can be (both theoretically and practically) collective human rights. Moreover, respect for human agency requires us to incorporate collective human rights into the universal human rights model so as to make these rights applicable to all human beings—individuals and relational beings.
153. Social Philosophy Today: Volume > 26
Will Kymlicka In Memory of G. A “Jerry” Cohen (1941–2009)
154. Social Philosophy Today: Volume > 26
Jari Niemi Do Arguments Against Self-Ownership Imply Anything Regarding the Equalisandum Debate?
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In this paper I pursue a possibility that some versions of arguments addressed against the libertarian notion of self-ownership have some definitive implications regarding the equalisandum debate carried out by egalitarians. I have in mind specifically the kind of approach that challenges self-ownership as a morally fundamental value through some inventive counterexamples. So, while I shall argue that the negative arguments against self-ownership are conclusive, my primary attempt is to demonstrate that such arguments can be employed to say something interesting about the equalisandum debate itself; namely, that resources cannot function as the desirable equalisandum, and that there are some reasons for preferring capabilities over welfare as the desired currency for egalitarianism.
155. Social Philosophy Today: Volume > 26
Jordy Rocheleau Combatant Responsibility for Fighting in Unjust Wars: A Defense of a Limited Moral Equality of Soldiers
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Just war theory has traditionally presupposed what Michael Walzer calls the moral equality of soldiers: that combatants on all sides have an equal right to kill, such that the soldier is not blameworthy for fighting for an unjust cause. The theory of moral equality has come under increasing attack by Jeff McMahan and others who argue that soldiers are responsible for killing for an unjust cause. I agree with McMahan that soldiers cannot be justified in serving injustice, such that there is no full moral equality. Moreover, the common excuses of ignorance and duress cannot exculpate many soldiers. However, I argue that when one considers the force of legal authority and the bonds of patriotism, combined with ignorance and duress, most soldiers are excused. Because of the rarity of exceptions and the consequences of holding soldiers accountable, I conclude that we should presuppose the equal blamelessness of combatants.
156. Social Philosophy Today: Volume > 26
John Rowan Introduction
157. Social Philosophy Today: Volume > 26
Brook J. Sadler Public or Private Good? The Contested Meaning of Marriage
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Addressing controversy over same-sex marriage, I defend the privatization response: disestablish civil marriage, leaving the question of same-sex marriage to private organizations; detach civil rights from erotic affiliation; and grant legal equality through the mechanism of civil unions. However, the privatization response does not fully address one key conservative argument to the effect that (heterosexual) marriage constitutes a public good of such importance that civil society has a sustaining interest in it. I acknowledge the legitimate, even profound, values or goods that marriage promotes, but contend that they are compatible withhomosexuality. Further, I argue that marriage is neither necessary nor sufficient for sustaining the goods that inhere in modern marriage. Thus, it is not clear that marriage is the best way for the state to promote these goods. Finally, I suggest that the core goods of marital commitment are moral and are not the proper subject of state regulation.
158. Social Philosophy Today: Volume > 26
Jean Harvey Authentic Social Justice and the Far Reaches of “The Private Sphere”
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The one sphere of life where a claimed right to privacy is most sympathetically received is in the inner realm of the mind. I will look briefly at Joseph Tussman’s claim that a government is not only entitled but morally required to be concerned with and involved in the minds of the nation’s citizens. I then further explore reasons why the realm of the mind matters not only morally but politically. There are consequentialist reasons, but more interestingly there are non-consequentialist reasons on the basis of which I introduce the concept of “authentic social justice.” In particular, there are relevant insights to be gainedby reflecting on forms of oppression that are subtle but serious in nature, forms that involve neither violence nor the use of law.
159. Social Philosophy Today: Volume > 26
Joseph A. Stramondo How an Ideology of Pity Is a Social Harm to People with Disabilities
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In academic philosophy and popular culture alike, pity is often framed as a virtue or the emotional underpinnings of virtue. Yet, people who are the most marginalized and, hence, most often on the receiving end of pity, assert that it is anything but an altruism. How can we explain this disconnect between an understanding of pity as a virtuous emotion versus a social harm? My paper answers this question by showing how pity is not only an emotion, but also a power relation. Using the ideas of Sartre’s Anti-Semite and Jew, I explain how pity is understood as harmful by the one pitied because he is acutely aware of how it obscures his unequal power relation to the pitier and denies the pitier’s role in creating this domination. This is all done with an eye toward what I see as the quintessential class of people who are harmed by pity: people with disabilities.
160. Social Philosophy Today: Volume > 26
Helga Varden Rescuing Justice and Equality—A Critical Engagement