On Language Rights

In social and political philosophy, linguistic differences are usually seen as one item in the long and indefinite list of Cultural Differences; consequently, language rights are discussed and criticized together with other cultural rights. In this essay, it is argued that a right to use one's own language can be justified by appeal to the practical role of language in human life. The ability to communicate effectively is essential for human autonomy and well-being; thus there is no need to argue that linguistic groups, as groups, are entitled to special treatment, or that language rights are group rights. Because learning a new language is invariably a costly matter, by recognizing some languages as official languages the state (re)distributes burdens and benefits among its citizens. The task of language rights is to guarantee that these burdens are not distributed in a too unequal way.     

Makers' Rights

This paper examines the thesis that human labor creates property rights in or from previously unowned objects by virtue of labor's power to make new things. This thesis is considered for two possible roles: first, as a thesis to which John Locke might have been committed in his writings on property; and second, as a thesis of independent plausibility that could serve as part of a defensible contemporary theory of property rights. Understanding Locke as committed to the thesis of makers' rights has seemed to many of the best known recent Locke scholars to explain and unify Locke's various claims about property in a way that more traditional labor-mixing interpretations cannot. This paper argues that there is in fact no convincing evidence in Locke's texts to suggest any commitment to the thesis of makers' rights for humans. Further, not only does a version of the traditional labor-mixing argument yield a much superior interpretation of Locke's writings, it is an argument that is far more convincing than makers' rights arguments, quite independent of its usefulness in the interpretation of Locke's theory.     

International Law and Morality in the Theory of Secession

In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to resolve the issue of secession. It would give territorial political societies a legally recognized liberty to conduct a plebiscite on secession, and, assuming such a plebiscite is won by the secessionist side, a qualified right in international law to create a state without interference. Alan Buchanan has argued that proposals of this sort would create perverse incentives. I argue that there is no good reason to believe this. The point is to allow the legal regulation of secession in cases where there are active secessionist movements with legitimate moral claims, and to attempt to dampen the desire for secession in cases where secessionist sentiment is not well grounded in social and geographic reality.     

What is chronic pain?

Chronic pain leads to individual suffering and to major costs for all developed countries. Previous studies suggest that both the incidence of disabling chronic pain and the amount of health care consumption due to chronic pain are rapidly increasing. Western medicine is not only often ineffective but may be one of the causes of this epidemic. This article will address the issue of chronic pain of unknown etiology and has the goals of: (1) identifying the factors which have led to our confusion about this topic, and (2) proposing alternative ways of conceptualizing chronic pain and its ensuing behaviors and social consequences. It is concluded that it is essential to discriminate between tissue damage, pain, suffering, pain behaviors, health care consumption, impairment and disability if one is to develop a meaningful conceptualization of the medical, social, economic and political problems of chronic pain. Successful treatment must be defined in behavioral terms such as restoration of normal activities. Disabling chronic pain is often a sign of overwhelming stress engendered by the individual's failure to cope with the demands of industrialized society.     

Analysis of activity preferences as a function of differential consequences

Individuals who do not possess the verbal skills to express meaningful choice in the absence of its consequences may have difficulty indicating their preference for protracted activities that are unavailable until some time in the future (e.g., taking a walk, riding a bike). When we examined the preferences of 4 individuals with developmental disabilities by showing them pictorial representations of various activities, their initial choices showed no clear preferences. In a subsequent condition, selecting a photograph resulted in brief access to the depicted activity. When selections produced differential consequences (i.e., access to the activity), clear preferences emerged. In addition, 3 individuals' preferences were later shifted to an initially less preferred but more socially desirable option by superimposing additional reinforcement contingencies for engaging in the less preferred activity. Results are discussed in terms of the conditions under which choice functions as an indicator of preference and how those conditions may be altered to improve the quality of choice making without limiting access to preferred options.     

Relativist ethics, scientific objectivity, and concern for human rights

This paper comments on the conflict between ethical relativism and anthropologists’ concerns with rights, and tries to show that neither scientific objectivity nor respect for cultural diversity require denying an extracultural stance for ethical judgments. An earlier version of this paper was presented at a symposium entitled “Ethics in Science: Special Problems in Anthropology and Archaeology” held at the 1998 Annual Meeting of the American Association for the Advancement of Science (AAAS), Philadelphia, PA, 15 February, 1998.     

Spirituality in Disability and Illness

Spirituality appears with increasing frequency in the research literature, and a paradigm involving mind-body-spirit interaction is emerging. The relationship of spirituality to disability and illness is at the center of a growing body of knowledge. A comprehensive literature review supported spirituality as coping method among individuals experiencing a variety of illnesses including hypertension, pulmonary disease, diabetes, chronic renal failure, surgery, rheumatoid arthritis, multiple sclerosis, HIV/AIDS, polio and addictive illnesses. Additionally, spirituality is a resource when dealing with critical illness as well as terminal illness and end of life issues, and it is utilized by both patients, and family members. Discussion of research findings, implications for health care practice and future research is also presented.     

Group Therapy with Individuals and Families Coping with Illness or Disability in Israel

This paper illustrates a group intervention with individuals and family caregivers coping with illness/disability, and focuses on the relationship between the process of group development and the process of coping with the illness/disability. People experiencing illness/disability cope with a great deal of pressure and stress that stem from the illness's biopsychosocial demands. A group can provide encouragement and support and reduce helplessness, isolation, and despair through cooperation and use of mutual resources. The design of the intervention was based on our clinical experience with numerous groups for ill/disabled individuals or their family. The process is described and analyzed using examples from three documented groups, and is presented in terms of four variables: group process, group atmosphere, group content, and group intervention.     

Equality of Education and Citizenship: Challenges of European Integration

What kind of equality among Europeans does equal citizenship require, especially regarding education? In particular, is there good reason to insist of equality of education among Europeans—and if so, equality of what? To what extent should the same knowledge base and citizenship norms be taught across state borders and religious and other normative divides? At least three philosophical issues merit attention: (a) The requirements of multiple democratic citizenships beyond the nation state; (b) how to respect diversity while securing such equality and inculcating commitments to justice and norms of citizenship, and (c) The multiple reasons for equality of various kinds among political equals living in a Union as compared to a unitary state. The article responds on the basis of several arguments in favour of certain kinds of equality. All Union citizens must enjoy a high minimum level of education, and all pupils must be informed concerning the various ways of life prevalent in Europe. Furthermore, there must be standards for securing equality of opportunity across the EU, though it is difficult to measure under multiculturalism. Citizens must also be socialised to certain ‘citizenship norms’. This shared basis to be taught in schools should avoid contested religious or philosophical premises as far as possible. Yet the school system should socialise pupils to three commitments: to the just domestic and European institutions and hence the legislation they engender, to principles that justify these institutions; and to a political theory that grounds these principles in a conception of the proper role of individuals, of member states and of the Union. I also argue that equality of result is not a plausible normative requirement among Europeans, while equality of opportunity is. The paper concludes with some comments on the lessons to be drawn for ‘Global’ citizenship.     

Children’s spiritual development in forced displacement: a human rights perspective

This article provides a synthesis of current research and theories of spiritual development in forced displacement from a human rights perspective. Spirituality, understood as a cognitive‐cultural construct, has shown positive impact on children’s development through both collective and individual processes and across ecological domains of the physical world, the community and the individual child. Findings support a human rights framework of spiritual development that privileges the child’s and the community’s own understandings of human development, and this framework may further serve as an important resource for scaffolding refugee children’s development. The study of spiritual development will enable more effective human rights protection of child development in situations of war and forced displacement.