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1 – 10 of 380This chapter addresses the alienability or inalienability of the bodily self by looking at continuing legal, economic, and cultural issues surrounding three case studies: the…
Abstract
This chapter addresses the alienability or inalienability of the bodily self by looking at continuing legal, economic, and cultural issues surrounding three case studies: the growth of cell lines, live organ transfer, and the practices of “forced prostitution” as a contemporary form of slavery. The essay contends that it is, ironically, Locke and Hegel's shared hyperliberal notion of the self as inalienable property that sustains a potential basis, in law and in culture, for troubling cases of self-alienation which persist in the case studies offered.
Nancy MacLean’s book, Democracy in Chains, raised questions about James M. Buchanan’s commitment to democracy. This chapter investigates the relationship of classical liberalism…
Abstract
Nancy MacLean’s book, Democracy in Chains, raised questions about James M. Buchanan’s commitment to democracy. This chapter investigates the relationship of classical liberalism in general and of Buchanan in particular to democratic theory. Contrary to the simplistic classical liberal juxtaposition of “coercion vs. consent,” there have been from Antiquity onward voluntary contractarian defenses of non-democratic government and even slavery – all little noticed by classical liberal scholars who prefer to think of democracy as just “government by the consent of the governed” and slavery as being inherently coercive. Historically, democratic theory had to go beyond that simplistic notion of democracy to develop a critique of consent-based non-democratic government, for example, the Hobbesian pactum subjectionis. That critique was based firstly on the distinction between contracts or constitutions of alienation (translatio) versus delegation (concessio). Then, the contracts of alienation were ruled out based on the theory of inalienable rights that descends from the reformation doctrine of inalienability of conscience down through the Enlightenment to modern times in the abolitionist and democratic movements. While he developed no theory of inalienability, the mature Buchanan explicitly allowed only a constitution of delegation, contrary to many modern classical liberals or libertarians who consider the choice between consent-based democratic or non-democratic governments (e.g., private cities or shareholder states) to be a pragmatic one. But Buchanan seems to not even realize that his at-most delegation dictum would also rule out the employer–employee or human rental contract which is a contract of alienation “within the scope of the employment.”
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Florence Gwendolyn Rose and Tony Leiba
Mental health is an underdeveloped service to the population generally and to African-Caribbean in particular. There is a need for more sensitive diagnosing, treatment and care…
Abstract
Mental health is an underdeveloped service to the population generally and to African-Caribbean in particular. There is a need for more sensitive diagnosing, treatment and care. African-Caribbean people are asking for a more culturally competent mental healthcare system.
This chapter aims to address the following issues: how African-Caribbean people reflect on mental health and mental ill health. Their reflections are drawn from interviews done with African-Caribbean people who are involved with Hagar, a mental health charity in Lewisham, London. Mental health and mental illnesses will be examined, followed by the Psychiatrists’ use of the diagnostic tools that do a disservice to Black people. The Trans-Atlantic slave trade and its contribution to the mental ill health of Black people will be addressed, thus providing a historical underpinning for much of Black people’s struggle with mental ill health. Racism and its contribution to mental health issues will be presented. The views of the Black Psychiatrist Franz Fanon will be argued as a way of understanding oppression, alienation and mental ill health in Black people, and going on to open up ways of providing treatment and care. Finally suggestions will be made about how to provide a culturally competent mental health service to African Heritage peoples.
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Stephane Trudel and Stephane Martineau
In a context that is directly linked to the interest movement that was borrowed by institutions of higher education, authors such as Michel Freitag (1995, 2002, 2008, 2011), Bill…
Abstract
In a context that is directly linked to the interest movement that was borrowed by institutions of higher education, authors such as Michel Freitag (1995, 2002, 2008, 2011), Bill Readings (1997) or Michel Seymour (2013) focused on the misappropriation of the foundations of education, in favor of the economic needs of the new corporatist society.
Through his work on the idea of recognition, Axel Honneth (1996, 2007a, 2007b, 2010, 2014) has managed to draw an interesting critique of contemporary Western society and the “use” it makes of individuals. With the publication of Disrespect: The Normative Foundation of Critical Theory (Honneth, 2007b) and Reification: A Recognition Theoretical View (Honneth, 2007a), Honneth sets the tone for the demanding character of his critique, which calls for a reconsideration of the intrinsic value of subjects, with regard to their own needs, their freedom and their identity.
Considering that higher education institutions tend to focus more and more on private interests, for example, by considerably diminishing professors’ academic freedom over the years, it seems imperative to question these power relations between them and civil society (which, of course, is not homogeneous). This will be the subject of our chapter, which will be based on works from both philosophy and sociology.
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Today, there is the real possibility that self-management and workplace democracy will follow socialism into the dustbin of history. But the connection of self-management to…
Abstract
Today, there is the real possibility that self-management and workplace democracy will follow socialism into the dustbin of history. But the connection of self-management to socialism was misconceived from the beginning. Workplace democracy has its own roots in the historical struggle against slavery and against autocracy. The paper reviews the history of the theory of inalienable rights that applies not only against the self-sale contract and the political contract of subjection but also against of the self-rental or employment contract, today's contract of subjection for the workplace. The paper concludes with the current debate about corporate governance.
The paper frames modern slavery as a global wicked problem and aims to provide a set of international business (IB) policy recommendations for taming it. The outlined approach can…
Abstract
Purpose
The paper frames modern slavery as a global wicked problem and aims to provide a set of international business (IB) policy recommendations for taming it. The outlined approach can also guide IB policymaking to address other kinds of wicked problems.
Design/methodology/approach
This is a conceptual paper that reviews existing literature on wicked problems and integrates it with an IB policy double helix framework. The paper focuseses on the role multinational enterprises (MNEs) play in moderl slavery globally, either through global value chains or within global factory modes of operation.
Findings
As a global wicked problem, modern slavery will never be solved, but it can be re-solved time and time over. Understanding the social reproduction of modern slavery can help shift the focus from labor governance and a narrow supply chain focus toward the role of transnational governance and the need to address institutional, market and organizational failures.
Originality/value
The paper contributes to the gap in an overarching theory of modern slavery and systematically applies the concept of wicked problems and wickedness theory to modern slavery. Drawing on an IB policy double helix framework, the paper addresses the governance nexus between modern slavery, IB and policymaking which can in turn advance IB policy research and theory.
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The abolition of slavery in the British Empire demanded a complete transformation of the global legal and political order. Focusing on British India, this chapter argues that this…
Abstract
The abolition of slavery in the British Empire demanded a complete transformation of the global legal and political order. Focusing on British India, this chapter argues that this restructuring was, in and of itself, a vital racial project that played out on a global stage. Examining these dynamics over the nineteenth century, I trace how this project unfolded from the vantage point of the Bombay Presidency and the western coast of India, tightly integrated into Indian Ocean networks trading goods, ideas, and, of course, peoples. I show how Shidis – African origin groups in South Asia and across the Middle East – were almost the sole subjects of British antislavery interventions in India after abolition. This association was intensified over the nineteenth century as Indian slavery was simultaneously reconfigured to recede from view. This chapter establishes these dynamics empirically by examining a dataset of encounters at borders, ports, and transit hubs, showing how the legal and political regime that emerged after abolition forged novel configurations around “race” and “slavery.” Documenting these “benign” encounters shifts attention to the racializing dimensions of imperial abolition, rather than enslavement. Once “freed,” the administrative and bureaucratic apparatus that monitored and managed Shidis inscribed this identity into the knowledge regime of the colonial state resulting in the long-term racialization of Shidis in South Asia, the effects of which are still present today.
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The purpose of this article is expository in the main; critical to a lesser degree. It will attempt to show how Karl Marx, enraged by the imperfections and inhumanity of the…
Abstract
The purpose of this article is expository in the main; critical to a lesser degree. It will attempt to show how Karl Marx, enraged by the imperfections and inhumanity of the capitalist society, “fought” for its supersession by the communist society on which he dwelt so fondly, that society which would emerge from the womb of a dying capitalism. It asks such questions as these: Is it possible to create the truly human society envisaged by Marx? Is perfection of man and society a mere will‐o'‐the‐wisp? A brief analysis, therefore, of the imperfections of capitalism is undertaken for the purpose of revealing the evils which Marx sought to eliminate by revolution of the most violent sort. In this sense, the nature of man under capitalism is analysed. Marx found the breed wanting, in a word, dehumanised. An attempt is, therefore, made to discuss the new man of Marxism, man's own creation, and the traits of that new man, one freed at last from the alienating effects of private property, division of labour, money, and religion. Another question that springs to mind is this: how does Marx propose to transcend alienation?
The purpose of this study was to examine the support available from identification through to recovery for survivors of modern slavery and human trafficking in the United Kingdom…
Abstract
Purpose
The purpose of this study was to examine the support available from identification through to recovery for survivors of modern slavery and human trafficking in the United Kingdom (UK) following the introduction of the Modern Slavery Act in 2015.
Design/methodology/approach
Twenty-nine semi-structured individual and group interviews were conducted with non-governmental organisations (NGOs) providing direct support to survivors and law enforcement engaged in initial identification, rescue and support.
Findings
Thematic analysis identified that survivors' experiences of support and negotiation of state processes is challenging, requiring lengthy periods of waiting. This experience is often compounded by variations in knowledge of processes and systems by front line staff, resulting in negative impacts on outcomes for survivors.
Research limitations/implications
The small number of research participants could be regarded as a limitation but is common in qualitative, exploratory studies. A larger study should be conducted to test these initial findings. The implications propose a revision of policy especially for asylum-seeking survivors.
Originality/value
The study was conducted two years after the introduction of the Modern Slavery Act, 2015, during a period in which gaps in processes and support for survivors were beginning to emerge. This study offers a timely assessment of these gaps and argues for a review of policy and its implementation.
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The purpose of writing this paper is to defend the doctrine of commodification, or alienability: that there are no exceptions to the principle that all things that are owned may…
Abstract
Purpose
The purpose of writing this paper is to defend the doctrine of commodification, or alienability: that there are no exceptions to the principle that all things that are owned may be legally sold.
Design/methodology/approach
The approach of this paper is to consider arguments to the contrary, mainly those, in this case, furnished by Kuflik, and then to refute these arguments.
Findings
The conclusion of this paper is that socialism, the view that purchases and sales, markets, free enterprise, is unjustified, is mistaken. Non‐alienability is part and parcel of the critique of markets. To the extent it is countered, markets are strengthened.
Research limitations/implications
Future research would probe more deeply into anti‐market arguments.
Practical implications
The practical implications is that the law should legalize markets in body parts, and, more radically, should recognize voluntary slave contracts.
Originality/value
This is virtually an entirely original paper, in that there are only a very few publications that defend complete alienability, such as does this one.
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