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This article considers John Harris’ work on autonomy, specifically reproductive autonomy, outlined in The Value of Life and developed throughout his career. Harris often used the concept of reproductive autonomy to make the case for liberal approaches to developments in reproductive and genetic technologies. Harris argued that reproductive autonomy should be highly valued, and therefore we need compelling arguments to justify limiting it in anyway. When discussing reproductive autonomy, Harris focused mainly on restrictions on the potential users of reproductive technologies autonomy, that is, prospective parents. This article extends the discussion of autonomy and the appropriate limits to individuals exercising their autonomy to medical professionals working in this area. Given reproductive technologies have become part of routine medical practice, this article considers whether the current restrictions on both patients and clinicians, as imposed by regulators and professional guidelines, remain ethically justified.
From 1860 to 1900, a modern system of property rights emerged in the International Settlement in Shanghai. This paper examines the largely overlooked process by which the Shanghai Municipal Council (SMC) brought about a system of well-functioning property rights through land surveys, mapping, and assessments. These methods worked hand-in-hand with road planning and construction in facilitating the expansion of the International Settlement to the Chinese-controlled area. Colonial officials, merchants, and Chinese intellectuals worked collectively and sometimes separately to generate knowledge about land and property by translating terms in the Chinese tradition. It argues that the efforts in institution-building and translation helped normalize the definition of property rights as things exclusively owned, strengthening the SMC's control over the land in Shanghai. These processes illuminate the relationship between empire-making and property rights by showing how property rights emerged and functioned in a semi-colonial context where multiple foreign authorities coexisted with the local government. The relatively secure system of property rights, which both foreign and Chinese merchants exploited, formed the foundation of a prosperous Shanghai in the twentieth century.
Jennifer Blumenthal-Barby (2024) has called for bioethics to end talk about personhood, asserting that such talk has the tendency to confuse and offend. It will be argued that this has only limited application for (largely) private settings. However, in other settings, theorizing about personhood leaves a gap in which there is the risk that the offending concept will get uptake elsewhere, and so the problem Blumenthal-Barby nominates may not be completely avoided. In response to this risk, an argument is presented in support of the idea that the role of philosophers and bioethicists, far from ending talk of personhood, ought to be to clarify the concept, and to do so in nuanced ways, given its application for specific kinds of impairments. The case of dementia is used to illustrate this in the context of person-centered care. Ironically, given the stigma attached to dementia, far from the need to end talk of personhood, bioethicists are needed to rescue the concept and clarify its role.
Of all the principles in classical Jewish law that stand out from a comparative legal perspective perhaps none is more notable than the ban on self-incrimination in criminal procedures. Contrary to the most basic evidentiary assumptions of other ancient legal systems, this principle differs fundamentally from the right to remain silent that is part of both early modern and modern legal systems. Only rabbinic jurisprudence incorporates an outright exclusion of criminal confessions. Despite receiving much scholarly attention over the centuries, this principle’s fundamental justification relating to the rule of law and the public pursuit of justice has gone unnoticed. This article explores this salient jurisprudential perspective, and sheds new light on this principle by contrasting the Jewish legal approach with the primary modes of criminal adjudication that were adopted in the West. What emerges from this comparative analysis is that this seemingly anomalous principle actually reveals much about the core commitments and values of Jewish law. These, in turn, have substantial implications for certain contemporary legal practices and dilemmas.
This article examines the business strategies employed by early twentieth-century Bombay mill owners in work organization and wage differentiation. The traditionally highly segmented and fluctuating domestic textile markets in India were further complicated by colonial free trade policies, making them highly competitive. This prompted Bombay mills to adopt various strategies, including maintaining a flexible workforce, product diversification, tailoring sales strategies to the Indian market, and increasing labour inputs, related to their heavy reliance on short-stapled Indian raw cotton. Using detailed and disaggregated data reported by textile mills in Bombay during the 1920s and 1930s, this article investigates how employers adopted these strategies in tandem with distinct wage-setting systems as management tools to depress the wage bill. By analysing the motivations behind the adoption of or resistance to these tools across different operations within the production process – such as weaving, spinning, reeling, and winding – the article reveals how gendered and social-class stratifications shaped these strategies and led to wage disparities across the industry. Ultimately, these labour-intensive strategies, conditioned by the broader colonial context in which India's textile industry developed, were at the root of the lower productivity of Indian workers, with long-run adverse consequences for India's general industrial development.
The procreation asymmetry is a widely held view in ethics, claiming that one should make existing people happy but has no reason to make happy people. Here, I shall present a new objection demonstrating from modest premises that one has a reason to take a sequence of actions that simply creates a happy person; yet this judgment in combination with plausible principles about sequences of actions entails that one has some reason to simply create a happy person. Additionally, I will argue that one's reasons to create a happy person are quite strong.
During the ill-fated 1897 Andrée balloon expedition, Nils Strindberg allegedly dropped a small tin containing a last message for his fiancée onto the island Fuglesongen in northwestern Svalbard, as the expedition crew passed over it in their hydrogen balloon, Örnen. Despite at least one lengthy search on Fuglesongen, the tin has never been found. This paper investigates the hypothesis that the tin was accidentally dropped onto Klovningen, a neighbouring island similar in size and shape, situated approximately 2.4 km east of Fuglesongen. A re-analysis of Strindberg’s original handwritten notes from the balloon flight, along with other primary sources and meteorological analyses, suggests that a targeted search for the tin on Klovningen could be a promising next step in solving this enduring mystery.
During the French Revolution, thousands of revolutionaries and royalists fled the turmoil in French islands. Many went to nearby islands, from which they could observe events. Situated between Martinique and Guadeloupe, Dominica had a majority French population and a long history of connection with its French neighbors. This article uses the case of Dominica to explore the effects of the French Revolution on a non-French island in the Eastern Caribbean. From the start, its proximity to the French islands led to its entanglement in revolutionary politics. It was the first British island to receive refugees, and the influx of people of all racial, social, and political backgrounds into Dominica posed challenges for island officials. Officials had to determine on what terms to admit emigrants, whether they posed a threat to the colony, and how to feed and house them. They also worried about the influences of foreigners and revolutionary ideas on their own disaffected free and enslaved populations. This article argues that Dominica's location, heterogeneous population, and internal instability allowed it to become a node for regional migration and information networks that embroiled it in the turmoil that engulfed its neighbors and ultimately threatened British control of the island.
I formulate a compatibilism that is distinctively responsive to skeptical worries about the justification of punishment and other moral responsibility practices. I begin with an evolutionary story explaining why backward-looking reactive attitudes are “given” in human society. Cooperative society plausibly could not be sustained without such practices. The necessary accountability practices have complex internal standards. These internal standards may fully ground the appropriateness of reactive attitudes. Following a recent analogy, we can similarly hold that there are no external standards for what is funny; the norms of comedy are complex, but funny is funny. However, this is compatible with moral reasons to change the practices themselves, and therefore change what is fitting within them: in the first instance, a moralistic “that's not funny” is ill-fitting, but “that shouldn't be funny” can be apt. The analogous reformist position prescribes practices constituting the minimal responsibility norms necessary for cooperative society.
What are the legal and political criteria that distinguish between ‘correct’ and ‘unacceptable’ legal mobilisation? How does populism facilitate legal mobilisation? The questions of the workshop organizers led us back in Hungary to the democratic transition from socialism to liberal democracy in 1989, when legal mobilisation for the rule of law, democracy and human rights was led first and primarily by non-state actors (National Round Table). Participants of the democratic transition prepared the complete revision of the 1949 Constitution, which was an emblematic element in addition to the many legislative drafts of the transitory nature of the creation of the new system. In 2010, after the successful political mobilisation, the populist party coalition (lead by Viktor Orban) gained a two-thirds constitution-making majority in Parliament (in the absence of two opposition parties), and the Parliament adopted the new Fundamental Law (new constitution). This was also an emblematic element of the new legal mobilisation conducted by the two-thirds populist Government majority. This article will describe how populism – through the instrumentalisation of the law (disregarding the inherent values in/of law based on value choice) and the destruction of institutional checks and balances – facilitated new legal mobilisation. Based on this experience of the outcome of the equally strong and effective legal mobilisation in Hungary of the liberal and the illiberal (democratic and autocratic, respectively) transitions, in this article we aim to make valid theoretical propositions on how to assess ‘correct’ and ‘incorrect’ legal mobilisation and what influences the relevance of non-state actors in populism.