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This paper discusses the relationship between justice and identity. While it is widely agreed that justice requires us to go beyond loyalty to our simplest identity – being just oneself – there is less common ground on how far we must go beyond self-centredness. How relevant are group identities to the requirements of justice, or must we transcend those too? The author draws attention to the trap of confinement to nationality and citizenship in determining the requirements of justice, particularly under the social-contract approach, and also to the danger of exclusive concentration on some other identity such as religion and race. He concludes that it is critically important to pay attention to every human being's multiple identities related to the different groups to which a person belongs; the priorities have to be chosen by reason, rather than any single identity being imposed on a person on grounds of some extrinsic precedence. Justice is closely linked with the pursuit of impartiality, but that pursuit has to be open rather than closed, resisting closure through nationality or ethnicity or any other allegedly all-conquering single identity. Christian List
A capability approach prescribes paternalist government actions to the extent that it requires the promotion of specific functionings, instead of the corresponding capabilities. Capability theorists have argued that their theories do not have much of these paternalist implications, since promoting capabilities will be the rule, promoting functionings the exception. This paper critically surveys that claim. From a close investigation of Nussbaum's statements about these exceptions, it derives a framework of five categories of functionings promotion that are more or less unavoidable in a capability theory. It argues that some of these categories may have an expansionary dynamic; they may give rise to widespread functionings promotion, which would defeat the capabilitarian promise that paternalist interventions will be exceptions to the rule of a focus on capabilities. Finally, the paper discusses three further theoretical issues that will be decisive in holding this paternalist tendency in check: how high one sets threshold levels of capability protection, how lengthy one's list of basic capabilities is, and how one deals with individual responsibility for choices resulting in a loss of one's capabilities.
In criticizing communitarian views of justice, Amartya Sen argues that identity is not merely a matter of discovery but an object of reasoned choice subject to constraints. Distinguishing three notions of identity – self-perception, perceived identity and social affiliation – I claim that the relevant constraints implied by this argument are minimal. Some of Sen's arguments about perceived identity and social context do not establish any further constraints. Sen also argues that a model of multiculturalism and some forms of education can restrict, or fail to promote, reasoned and informed identity choice. This argument is better understood in the light of Sen's work on capability and justice, notably his concern with ways in which underdogs can adapt and his emphasis on public reasoning. It highlights limitations on information and opportunities for reasoning. I suggest that these lead to genuine constraints on (reasoned and informed) identity choice. The paper focuses on Sen's work, though its claims are also relevant to George Akerlof and Rachel Kranton's analysis of identity.
Capability theorists have suggested different, sometimes incompatible, ways in which their approach takes account of the value of freedom, each of which implies a different kind of normative relation between functionings and capabilities. This paper examines three possible accounts of the normative relation between functionings and capabilities, and the implications of each of these accounts in terms of degrees of paternalism. The way in which capability theorists apparently oscillate between these different accounts is shown to rest on an apparent tension between anti-paternalism (which favours an emphasis on capabilities) and anti-fetishism (which favours an emphasis on functionings). The paper then advances a fourth account, which incorporates a concern with the content-independent or ‘non-specific’ value of freedom. Only the fourth account would remove all traces of paternalism from the capability approach. Whatever reasons advocates of the capability approach might have had for rejecting this fourth account, those reasons are not internal to the capability approach itself.
This commentary details the United States’ progress in advancing climate change law since President Barrack Obama’s re-election in 2012, in spite of congressional dysfunction and opposition. It describes how the Obama administration is building upon earlier regulatory efforts by using existing statutory authority to regulate greenhouse gas emissions from both new and existing power plants. It also explains the important role the judiciary has played in facilitating more robust executive actions, while at the same time courts have rejected citizen efforts to force judicial remedies for the problem of climate change. Finally, it suggests some reasons why climate change has gained more prominence in the Obama administration’s second term agenda and considers how domestic actions help the United States to reposition itself in international climate diplomacy.
An oil spill that occurred on 21 August 1944 near the Inupiat village of Barrow on Alaska's North Slope provides the focus for a brief history of activity in the face of extreme conditions and the evolving relationship of US Navy personnel and Inupiat natives of the region. The emotional recollections of an Inupiat elder are contrasted with the growing respect of the navy personnel for the Inupiat. The economic and social effects of oil explorations towards the end of World War II and the early post-war years are briefly discussed. These events form a part of the socio-economic background of current and proposed arctic oil development.
Taking as its point of departure Rushdie’s use of Burton’s Nights and South Asian travelogues in Shame and The Satanic Verses, this paper reads Burton and Rushdie against their cultural moments and their variant understandings of cosmopolitanism. Contra Appiah’s deployment of Burton in his seminal study of cosmopolitanism, it suggests that Burton’s prejudices were not as Appiah ventures “counter-cosmopolitan” but (because they were often acquired abroad) integral to his cosmopolitanism. In his fiction Rushdie repeatedly deploys the image of a boy’s discovery of Burton’s Nights in a patriarch’s library as emblematic of a neglected cosmopolitanism. Yet he may also be invoking Burton to critique the prejudices of Burton’s cosmopolitan personae in commenting on South Asia and the Nights. In engaging the legacy of Burton’s Nights, Rushdie’s narrators appear most certain of the dangers of neglecting the inheritance of a cosmopolitan tradition than of the virtues of embracing it.
Despite his demanding religious responsibilities, Paolo Sarpi maintained an active involvement in science between 1578 and 1598 – as his Pensieri reveal. They show that from 1585 onwards he studied the Copernican theory and recorded arguments in its favour. The fact that for 1595 they include an outline of a Copernican tidal theory resembling Galileo's Dialogue theory is well known. But examined closely, Sarpi's theory is found to be different from that of the Dialogue in several important respects. That Sarpi was a Copernican by 1592 is revealed by other of his pensieri, whereas at that time we know that Galileo was not. The examination of Sarpi's tidal theory and of the work of Galileo in this period indicates that the theory Sarpi recorded in 1595 was of his own creation. The appreciation that the theory was Sarpi's and that Galileo subsequently came to change his views on the Copernican theory and adopted the tidal theory has major implications for our understanding of the significance of Sarpi's contribution to the Scientific Revolution. Moreover, it appears that several of the most significant theoretical features of the tidal theory published by Galileo in the Dialogue – and which proved of lasting value – were in reality Sarpi's.
When John Leland toured England in the 1540s, he observed water conduits in several towns, including a number of smaller urban centres. Subsequent historians and archaeologists, however, have seriously understated the number and importance of piped water systems in English towns. This article uses studies of individual towns, together with civic records and Leland's Itinerary, to examine the sources and technologies of urban water supplies, the origins of civic piped water systems, their relationships to other local systems, finance, management and oversight. It will argue that the growth in piped supplies by civic bodies in the later Middle Ages reflects the importance of charitable provision and the efforts of civic authorities to establish, maintain and regulate them. An appendix lists medieval English towns known to have provided public access to piped water supplies by c. 1550.
Formal models of syntax typically accord the structural position external to the verb's domain a privileged status in the overall syntactic makeup of a language, either by assuming that external arguments are always S or A, or by linking external argument position to syntactic pivothood. This paper demonstrates that the Oceanic language Äiwoo has an ergative verb phrase – i.e. A as the VP-internal argument and S/O as external arguments – but no corresponding S/O pivot. That is, the ergative structure of the verb phrase in Äiwoo does not entail any syntactically privileged status of the VP-external arguments; rather, it is simply a by-product of various diachronic developments. This situation shows that what has traditionally been perceived as fundamental differences in grammatical organisation – the difference between an accusative and an ergative pattern of VP structure – need not in fact be associated with any broader differences in syntactic or pragmatic structure. More importantly, it goes against the assumption that it is possible to assign universal functions to syntactic configurations. Instead, it can be seen as providing support for the view argued for by Evans & Levinson (2009: 444) that ‘most linguistic diversity is the product of historical cultural evolution operating on relatively independent traits’.