scholarly journals The Nature and Limits of the Duty of Rescue

2020 ◽  
Vol 17 (3) ◽  
pp. 320-341
Author(s):  
David Miller

Virtually everyone believes that we have a duty to rescue fellow human-beings from serious danger when we can do so at small cost to ourselves – and this often forms the starting point for arguments in moral and political philosophy on topics such as global poverty, state legitimacy, refugees, and the donation of body parts. But how are we to explain this duty, and within what limits does it apply? It cannot be subsumed under a wider consequentialist requirement to prevent harm. Nor can it be understood as a duty of social justice that citizens owe to one another under a social contract for mutual protection. Instead it is a sui generis duty of justice that arises from the direct physical encounter between rescuer and victim, and is accordingly limited in scope. However the simplicity of the duty evaporates when multiple potential rescuers are present. Here responsibility lies with the collective as a whole until it is assigned by a fair procedure to individual members. Each individual is required as a matter of justice to discharge that share, but not more, though in the case that others do not comply, he will have a reason, and sometimes a humanitarian duty, to take up the slack.

2019 ◽  
pp. 1-22
Author(s):  
David Miller

Virtually everyone believes that we have a duty to rescue fellow human-beings from serious danger when we can do so at small cost to ourselves – and this often forms the starting point for arguments in moral and political philosophy on topics such as global poverty, state legitimacy, refugees, and the donation of body parts. But how are we to explain this duty, and within what limits does it apply? It cannot be subsumed under a wider consequentialist requirement to prevent harm. Nor can it be understood as a duty of social justice that citizens owe to one another under a social contract for mutual protection. Instead it is a sui generis duty of justice that arises from the direct physical encounter between rescuer and victim, and is accordingly limited in scope. However the simplicity of the duty evaporates when multiple potential rescuers are present. Here responsibility lies with the collective as a whole until it is assigned by a fair procedure to individual members. Each individual is required as a matter of justice to discharge that share, but not more, though in the case that others do not comply, he will have a reason, and sometimes a humanitarian duty, to take up the slack.


2010 ◽  
Vol 15 (1) ◽  
pp. 57-87 ◽  
Author(s):  
Louis-Philippe Hodgson

The central claim of Kant's political philosophy is that rational agents sharing a territory can justifiably be forced to live under a state; they have, in Kant's words, a duty of right to leave the state of nature. Perhaps something along these lines is entailed by any theory of state legitimacy, but the point raises special difficulties for Kant. He believes that rational agents have a right to freedom; that is, he believes that a rational agent's external freedom - her ability to set and pursue ends for herself without being subject to the choices of others - can justifiably be restricted only for the sake of external freedom itself. To establish that human beings can be forced to join a civil condition, it will therefore not do to show that the state promotes security, prosperity or any other such value: Kant has to show that human beings living side by side need a state to be free.


Politics ◽  
2018 ◽  
Author(s):  
Peter Ferdinand ◽  
Robert Garner ◽  
Stephanie Lawson

This chapter examines the basics of political philosophy, focusing in particular on what makes the state legitimate, or what is the ideal state we should be striving for. It first considers the use of normative analysis by political philosophers — that is, they are concerned with asking how the state ought to be organized and how much freedom ought individuals be granted. It then discusses the issues of consent and democracy, social contract, and the general will, along with utilitarianism as an account of state legitimacy. It also explores liberalism and liberty in relation to the state, Marxism and communitarianism, the idea of a just state, and how the traditional state focus of political theory has been challenged by globalization. Finally, it describes the influence of anarchism on modern politics and the position of anarchists with respect to the ideal state.


2016 ◽  
Vol 7 (3) ◽  
pp. 397-422
Author(s):  
Chaya Halberstam

This article aims to read closely the tannaitic material pertaining to judicial discretion and legal justice with the understanding that the rabbis are not simply clarifying certain specialized questions about courtroom procedure but are seriously engaging a core facet of Roman imperial and Hellenistic ideology: the benefits and deficits of the rule of law. It has been noted that as opposed to later, talmudic rabbis, the Tanaaim are particularly strict with regard to personal, judicial discretion – in other words, that rather than strike a balance between law and wisdom, they allow only for rule-based decision making. This article suggests that the Tanaaim not only opt for rule-bound decision making, but that they do so with a full awareness of what is lost from broader ideals of social justice when judges are required to abide, almost mechanically, by the rules. The Tanaaim thereby contributed to contemporary questions in political philosophy from the point of view of disempowered Roman provincials for whom the rule of law meant less as political propaganda and more as a measure of stability in uncertain times.


Author(s):  
Volker Scheid

This chapter explores the articulations that have emerged over the last half century between various types of holism, Chinese medicine and systems biology. Given the discipline’s historical attachments to a definition of ‘medicine’ that rather narrowly refers to biomedicine as developed in Europe and the US from the eighteenth century onwards, the medical humanities are not the most obvious starting point for such an inquiry. At the same time, they do offer one advantage over neighbouring disciplines like medical history, anthropology or science and technology studies for someone like myself, a clinician as well as a historian and anthropologist: their strong commitment to the objective of facilitating better medical practice. This promise furthermore links to the wider project of critique, which, in Max Horkheimer’s definition of the term, aims at change and emancipation in order ‘to liberate human beings from the circumstances that enslave them’. If we take the critical medical humanities as explicitly affirming this shared objective and responsibility, extending the discipline’s traditional gaze is not a burden but becomes, in fact, an obligation.


Author(s):  
David Estlund

Throughout the history of political philosophy and politics, there has been continual debate about the roles of idealism versus realism. For contemporary political philosophy, this debate manifests in notions of ideal theory versus nonideal theory. Nonideal thinkers shift their focus from theorizing about full social justice, asking instead which feasible institutional and political changes would make a society more just. Ideal thinkers, on the other hand, question whether full justice is a standard that any society is likely ever to satisfy. And, if social justice is unrealistic, are attempts to understand it without value or importance, and merely utopian? This book argues against thinking that justice must be realistic, or that understanding justice is only valuable if it can be realized. The book does not offer a particular theory of justice, nor does it assert that justice is indeed unrealizable—only that it could be, and this possibility upsets common ways of proceeding in political thought. The book's author engages critically with important strands in traditional and contemporary political philosophy that assume a sound theory of justice has the overriding, defining task of contributing practical guidance toward greater social justice. Along the way, it counters several tempting perspectives, including the view that inquiry in political philosophy could have significant value only as a guide to practical political action, and that understanding true justice would necessarily have practical value, at least as an ideal arrangement to be approximated. Demonstrating that unrealistic standards of justice can be both sound and valuable to understand, the book stands as a trenchant defense of ideal theory in political philosophy.


1970 ◽  
Vol 6 (1) ◽  
Author(s):  
Muskinul Fuad

The education system in Indonesia emphasize on academic intelligence, whichincludes only two or three aspects, more than on the other aspects of intelligence. For thatreason, many children who are not good at academic intelligence, but have good potentials inother aspects of intelligence, do not develop optimally. They are often considered and labeledas "stupid children" by the existing system. This phenomenon is on the contrary to the theoryof multiple intelligences proposed by Howard Gardner, who argues that intelligence is theability to solve various problems in life and produce products or services that are useful invarious aspects of life.Human intelligence is a combination of various general and specific abilities. Thistheory is different from the concept of IQ (intelligence quotient) that involves only languageskills, mathematical, and spatial logics. According to Gardner, there are nine aspects ofintelligence and its potential indicators to be developed by each child born without a braindefect. What Gardner suggested can be considered as a starting point to a perspective thatevery child has a unique individual intelligence. Parents have to treat and educate theirchildren proportionally and equitably. This treatment will lead to a pattern of education that isfriendly to the brain and to the plurality of children’s potential.More than the above points, the notion that multiple intelligences do not just comefrom the brain needs to be followed. Humans actually have different immaterial (spiritual)aspects that do not refer to brain functions. The belief in spiritual aspects and its potentialsmeans that human beings have various capacities and they differ from physical capacities.This is what needs to be addressed from the perspective of education today. The philosophyand perspective on education of the educators, education stakeholders, and especially parents,are the first major issue to be addressed. With this step, every educational activity andcommunication within the family is expected to develop every aspect of children'sintelligence, especially the spiritual intelligence.


Author(s):  
Marika Cifor ◽  
Jamie A. Lee

Neoliberalism, as economic doctrine, as political practice, and even as a "governing rationality" of contemporary life and work, has been encroaching on the library and information studies (LIS) field for decades. The shift towards a conscious grappling with social justice and human rights debates and concerns in archival studies scholarship and practice since the 1990s opens the possibility for addressing neoliberalism and its elusive presence. Despite its far-reaching influence, neoliberalism has yet to be substantively addressed in archival discourse. In this article, we propose a set of questions for archival practitioners and scholars to reflect on and consider through their own hands-on practices, research, and productions with records, records creators, and distinct archival communities in order to develop an ongoing archival critique. The goal of this critique is to move towards "an ethical practice of community, as an important mode of participation." This article marks a starting point for critically engaging the archival studies discipline along with the LIS field more broadly by interrogating the discursive and material evidences and implications of neoliberalism.


This volume features ten papers in political philosophy, addressing a range of central topics and represent cutting-edge work in the field. Papers in the first part look at equality and justice: Keith Hyams examines the contribution of ex ante equality to ex post fairness; Elizabeth Anderson looks at equality from a political economy perspective; Serena Olsaretti’s paper studies liberal equality and the moral status of parent–child relationships; and George Sher investigates doing justice to desert. In the second part, papers address questions of state legitimacy: Ralf Bader explores counterfactual justifications of the state; David Enoch examines political philosophy and epistemology; and Seth Lazar and Laura Valentini look at proxy battles in just war theory. The final three papers cover social issues that are not easily understood in terms of personal morality, yet which need not centrally involve the state: the moral neglect of negligence (Seana Valentine Shiffrin), the case for collective pensions (Michael Otsuka); and authority and harm (Jonathan Parry).


2020 ◽  
Vol 9 ◽  
pp. 216495612097363
Author(s):  
Ricardo R Bartelme

Introduction Anthroposophic medicine is a form of integrative medicine that originated in Europe but is not well known in the US. It is comprehensive and heterogenous in scope and remains provocative and controversial in many academic circles. Assessment of the nature and potential contribution of anthroposophic medicine to whole person care and global health seems appropriate. Methods Because of the heterogenous and multifaceted character of anthroposophic medicine, a narrative review format was chosen. A Health Technology Assessment of anthroposophic medicine in 2006 was reviewed and used as a starting point. A Medline search from 2006 to July 2020 was performed using various search terms and restricted to English. Books, articles, reviews and websites were assessed for clinical relevance and interest to the general reader. Abstracts of German language articles were reviewed when available. Reference lists of articles and the author’s personal references were also consulted. Results The literature on anthroposophic medicine is vast, providing new ways of thinking, a holistic view of the world, and many integrating concepts useful in medicine. In the last ∼20 years there has been a growing research base and implementation of many anthroposophical concepts in the integrated care of patients. Books and articles relevant to describing the foundations, scientific status, safety, effectiveness and criticisms of anthroposophic medicine are discussed. Discussion An objective and comprehensive analysis of anthroposophic medicine finds it provocative, stimulating and potentially fruitful as an integrative system for whole person care, including under-recognized life processes and psychospiritual aspects of human beings. It has a legitimate, new type of scientific status as well as documented safety and effectiveness in some areas of its multimodal approach. Criticisms and controversies of anthroposophic medicine are often a result of lack of familiarity with its methods and approach and/or come from historically fixed ideas of what constitutes legitimate science.


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