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This article introduces a novel way in which human rights due diligence can be ‘enhanced’ to respond to business and human rights challenges specific to conflict affected areas. It makes two key arguments. First, it claims that a crucial and often neglected factor for understanding human rights risks in conflict affected areas is that businesses face escalating and largely unpredictable human rights risks once they become involved in conflict. Second, the article shows how integrating aspects of the well-established method of conflict sensitive business practice into human rights due diligence can help companies address this challenge. For instance, companies should include a conflict analysis in human rights impact assessments and systematically identify and address their actual or potential impacts on conflict. This article provides support to a UN Working Group proposal for the integration of conflict sensitive business practices into human rights due diligence.
Does doing good in itself make one a better person? This idea is intuitive yet its precise formulation underexplored. This article first shows that it is not the case that a person is good to the extent that her existence brings about good or to the extent that her actions do good. A proportional principle that evaluates a person according to the expected goodness of her actual course of action relative to the expected goodness of other available courses is shown to be the most plausible candidate. However, such a principle can only be a pro tanto principle of what makes persons good. To account for other relevant intuitions – such as that a person's motives matter for how good she is – we need further principles. This article ends with a few practical implications about how to be a better person according to the principle defended here.
In this essay, analyzing the “daughter track” of daughter-provided elder care, through feminist philosopher Lisa Tessman's “burdened virtues” framework, I examine the ethical questions surrounding gender, sacrifice, and elder care on the daughter track, particularly concerning contexts of virtue and necessity. Second, I examine how Tessman's “burdened virtues” framework applies to the “daughter track” situation, particularly regarding virtues born of necessity. Third, I examine some wider legal and social justice issues that remain unresolved in eldercare provision by daughters. Finally, I conclude with some reflections on the “daughter track” as a law and religion issue and how law, in particular, might better support women in being not only “dutiful daughters,” but “graceful pillars,” in the care of their elders.
This paper develops a novel competition criterion for evaluating institutional schemes. Roughly, this criterion says that one institutional scheme is normatively superior to another to the extent that the former engenders more widespread political competition than the latter. I show that this criterion should be endorsed by both global egalitarians and their statist rivals, as it follows from their common commitment to the moral equality of all persons. I illustrate the normative import of the competition criterion by exploring its potential implications for the scope of egalitarian principles of distributive justice. In particular, I highlight the challenges it raises for global egalitarians’ efforts to justify extending the scope of egalitarian justice beyond the state.
Transparency is fundamental to environmental governance. It promotes public trust, goodwill, and credibility in environmental decision making. It also ensures that monitoring and enforcement of emissions reduction targets are efficient and effective. As the impacts of climate change increase, it is urgent that scholars and policy makers develop and test criteria for transparency in both the calculation of emissions reductions and the public reporting of emissions. This article highlights basic principles of transparency that should inform such criteria and that may be applied on a transnational basis. We also examine China’s recently implemented pilot emissions trading schemes and find that the approach in China does not yet comply with our suggested principles. Nevertheless, the positive direction of environmental governance in this region is encouraging.
Singer has argued against the permissibility of killing people (and certain animals) on the grounds of the distinction between conscious and self-conscious animals. Unlike conscious animals, which can be replaced without a loss of overall welfare, there can be no substitution for self-conscious animals. In this article, I show that Singer's argument is untenable, in the cases both of the preference-based account of utilitarianism and of objective hedonism, to which he has recently turned. In the first case, Singer cannot theoretically exclude that a self-conscious being's stronger preferences may only be satisfied by killing another self-conscious being. In the second case, he fails to demonstrate that the rules of ordinary morality, demanding that killing be strictly forbidden, could not frequently be overruled by the principles of esoteric morality. In both cases, his theory cannot solve the classical utilitarian problem of prohibiting the killing of people in secret.
Speaking at the Travancore legislative assembly on February 2, 1938, Sir C.P. Ramaswamy Aiyar said: “The federation contemplated in the Government of India Act (1935) was founded on the recognition of the fundamental idea that the Ruler alone represents his state and that the Ruler is the government of the state.” Travancore was one of the oldest princely states in India, which antedated the British occupation and claimed a dynastic rule uninterrupted by any foreign or domestic powers. Its history of constitutional reforms and economic advancement enabled it to occupy a pivotal position in colonial India. As the Dewan (prime minister) of Travancore, Sir C.P. played a crucial role in the constitutional debates on the political form of postcolonial India, especially federation, in the last two decades of the British Empire in India. He argued that Indian states were inherently sovereign, and that the only locus of sovereignty in the states was their rulers. In doing so, he imagined a future Indian federation predicated on the idea of divisible sovereignty, which was given constitutional effect by the Government of India (GOI) Act (1935). Sir C.P.'s expositions on the sovereignty of the states and Travancore's constitutionalism offer analytical lenses to recuperate a history of imperial constitutionalism and the grand political project it enabled: Indian federation.
This article offers an analysis of present perfect (PP) use in Nigerian English (NigE), based on the Nigerian component of the International Corpus of English (ICE). First, we analyze variable contexts with the Simple Past (PT; determined by temporally specified contexts) as one of the main competitors of the PP, and thus assess the PP-friendliness of NigE in contrast to other varieties. We further provide an alternative measure of PP-friendliness and test register effects in terms of normalized and relative PP and PT frequencies. Our results indicate an overall reduced PP-friendliness of NigE and show internal variability in terms of PP frequencies in different variable contexts. As regards register effects, NigE does not show less variability of PP frequencies compared to British English (BrE). However, the distribution of the PP across registers in NigE does not follow the British pattern where certain registers are particularly PP-friendly. We discuss potential determining factors of the low frequency of the PP in NigE, and conclude that neither substrate influence nor general learning mechanisms on their own can comprehensively account for it. Instead, we suggest that historical influence from Irish and perhaps (at a later point) American English, in conjunction with general learning mechanisms, may be responsible.
Researchers in the mind sciences often look to the production and analysis of drawings to reveal the mental processes of their subjects. This essay presents three episodes that trace the emergence of drawing as an instrumental practice in the study of the mind. Between 1880 and 1930, drawings gained currency as a form of scientific evidence – as stable, reproducible signals from a hidden interior. I begin with the use of drawings as data in the child study movement, move to the telepathic transmission of drawings in psychical research and conclude with the development of drawing as an experimental and diagnostic tool for studying neurological impairment. Despite significant shifts in the theoretical and disciplinary organisation of the mind sciences in the early twentieth century, researchers attempted to stabilise the use of subject-generated drawings as evidence by controlling the contexts in which drawings were produced and reproduced, and crafting subjects whose interiority could be effectively circumscribed. While movements such as psychoanalysis and art therapy would embrace the narrative interpretation of patient art, neuropsychology continued to utilise drawings as material traces of cognitive functions.