Rarely do labour law theories draw on disability studies. However, with the growing acceptance that both disability and labour are human rights issues that are concerned with dignity and equality, and that both fields of study tempt to address the social context of disadvantage, an opportunity emerges to bring the two discourses together. In this chapter, I take advantage of this opportunity to discuss the right to work. The interest lies in the new and crucially important direction that Article 27 of the Convention on the Rights of Persons with Disabilities (hereafter the CRPD or the Convention) has taken. Article 27, the latest international human rights instrument that has been adopted regarding the right to work, offers what I consider to be an innovative and welcome approach towards this right, while addressing some of the main concerns that were raised in the literature regarding the right to work as adopted in other international human rights documents and implemented in practice.
Making a Living: The Human Right to Livelihood
In this chapter I argue that we have a human right to livelihood. Although some economic rights have been defended under a human rights framework, such as freedom of occupation and the right to an adequate standard of living, the right to livelihood requires a separate defense. We have a livelihood when we are able to exercise some control over how we generate income and accumulate wealth. I argue that this control is good in itself, and that it leads to two further goods, social contribution esteem and a sense of self-provision. Beyond its being a right per se, having a livelihood also fulfills Joseph Raz’s conditions for being a constitutional right, insofar as it is a right that can be fairly and effectively protected through legal mechanisms, and for being a human right, insofar as it a right that can be suitably enforced through a system of international law.
Meaningful Work
This book examines the importance of work in human well-being, addressing several related philosophical questions about work and arguing on the whole that meaningful work is central in human flourishing. Work impacts flourishing not only in developing and exercising human capabilities but also in instilling and reflecting virtues such as honor, pride, dignity, self-discipline, and self-respect. Work also attaches to a sense of purposefulness and personal identity, and meaningful work can promote both personal autonomy and a sense of personal satisfaction that issues from making oneself useful. Further still, work bears a formative influence on character and intelligence and provides a primary avenue for exercising complex skills and garnering esteem and recognition from others. The author defends a pluralistic account of meaningful work, identifying four primary dimension of meaningful work: (1) developing or exercising the worker’s capabilities, especially insofar as this expression meets with recognition and esteem; (2) supporting virtues; (3) providing a purpose, and especially producing something of enduring value; and (4) integrating elements of a worker’s life. In light of the impact that work has on flourishing, the author argues that well-ordered societies provide opportunities for meaningful work and that the philosophical view of value pluralism, which casts work as having no special significance in an individual’s life, is false. The book also addresses oppressive work that undermines human flourishing, examining potential solutions to minimize the impact of bad work on those who perform it.
Reclaiming the System: Moral Responsibility, Divided Labour, and the Role of Organizations in Society
The world of wage labour seems to have become a soulless machine, an engine of social and environmental destruction. Employees seem to be nothing but ‘cogs’ in this system—but is this true? Located at the intersection of political theory, moral philosophy, and business ethics, this book questions the picture of the world of work as a ‘system’. Hierarchical organizations, both in the public and in the private sphere, have specific features of their own. This does not mean, however, that they cannot leave room for moral responsibility, and maybe even human flourishing. Drawing on detailed empirical case studies, Lisa Herzog analyses the nature of organizations from a normative perspective: their rule-bound character, the ways in which they deal with divided knowledge, and organizational cultures and their relation to morality. She asks how individual agency and organizational structures would have to mesh to avoid common moral pitfalls. She develops the notion of ‘transformational agency’, which refers to a critical, creative way of engaging with one’s organizational role while remaining committed to basic moral norms. The last part zooms out to the political and institutional changes that would be required to re-embed organizations into a just society. Whether we submit to ‘the system’ or try to reclaim it, Herzog argues, is a question of eminent political importance in our globalized world.
A Critique of the Cultural Defense of Animal Cruelty
I argue that cultural practices that harm animals are not morally defensible: Tradition cannot justify cruelty. My conclusion applies to all such practices, including ones that are long-standing, firmly entrenched, or held sacred by their practitioners. Following Mary Midgley, I argue that cultural practices are open to moral scrutiny, even from outsiders. Because animals have moral status, they may not be harmed without good reason. I argue that the importance of religious or cultural rituals to adherents does not count as a sufficiently good reason to harm or kill animals, since rituals are inherently symbolic, and cultures are able to adapt and change, making adherence to cruel traditions unnecessary.
An Intersectional Feminist Theory of Moral Responsibility
This book develops an intersectional feminist approach to moral responsibility. It accomplisheses four main goals. First, it outlines a concise list of the main principles of intersectional feminism. Second, it uses these principles to critique prevailing philosophical theories of moral responsibility. Third, it offers an account of moral responsibility that is compatible with the ethos of intersectional feminism. And fourth, it uses intersectional feminist principles to critique culturally normative responsibility practices.
This is the first book to provide an explicitly intersectional feminist approach to moral responsibility. After identifying the five principles central to intersectional feminism, the author demonstrates how influential theories of responsibility are incompatible with these principles. She argues that a normatively adequate theory of blame should not be preoccupied with the agency or traits of wrongdoers; it should instead underscore, and seek to ameliorate, oppression and adversity as experienced by the marginalized. Apt blame and praise, according to her intersectional feminist account, is both communicative and functionalist. The book concludes with an extensive discussion of culturally embedded responsibility practices, including asymmetrically structured conversations and gender- and racially biased social spaces.
An Intersectional Feminist Approach to Moral Responsibility presents a sophisticated and original philosophical account of moral responsibility. It will be of interest to philosophers working at the crossroads of moral responsibility, feminist philosophy, critical race theory, queer theory, critical disability studies, and intersectionality theory.
Banal Skepticism and the Errors of Doubt: On Ephecticism about Rape Accusations
Ephecticism is the tendency towards suspension of belief. Epistemology often focuses on the error of believing when one ought to doubt. The converse error—doubting when one ought to believe—is relatively underexplored. This essay examines the errors of undue doubt.
I draw on the relevant alternatives framework to diagnose and remedy undue doubts about rape accusations. Doubters tend to invoke standards for belief that are too demanding, for example, and underestimate how farfetched uneliminated error possibilities are. They mistake seeing how incriminating evidence is compatible with innocence for a reason to withhold judgement.
Rape accusations help illuminate the causes and normativity of doubt. I propose a novel kind of epistemic injustice, for example, wherein patterns of unwarranted attention to farfetched error possibilities can cause those error possibilities to become relevant. Widespread unreasonable doubt thus renders doubt reasonable and makes it harder to know rape accusations. Finally, I emphasise that doubt is often a conservative force and I argue that the relevant alternatives framework helps defend against pernicious doubt-mongers.
Asia as Method: Toward Deimperialization
Centering his analysis in the dynamic forces of modern East Asian history, Kuan-Hsing Chen recasts cultural studies as a politically urgent global endeavor. He argues that the intellectual and subjective work of decolonization begun across East Asia after the Second World War was stalled by the cold war. At the same time, the work of deimperialization became impossible to imagine in imperial centers such as Japan and the United States. Chen contends that it is now necessary to resume those tasks, and that decolonization, deimperialization, and an intellectual undoing of the cold war must proceed simultaneously. Combining postcolonial studies, globalization studies, and the emerging field of “Asian studies in Asia,” he insists that those on both sides of the imperial divide must assess the conduct, motives, and consequences of imperial histories.
Chen is one of the most important intellectuals working in East Asia today; his writing has been influential in Taiwan, South Korea, Hong Kong, Japan, Singapore, and mainland China for the past fifteen years. As a founding member of the Inter-Asia Cultural Studies Society and its journal, he has helped to initiate change in the dynamics and intellectual orientation of the region, building a network that has facilitated inter-Asian connections. Asia as Method encapsulates Chen’s vision and activities within the increasingly “inter-referencing” East Asian intellectual community and charts necessary new directions for cultural studies.
The Re-Enchantment of Humanism: An Interview with Sylvia Wynter
Sylvia Wynter is a radical Jamaican theorist influenced, among others, by Frantz Fanon. This well known interview is often considered to be the best introduction to her thinking about the question of human in the aftermath of 1492 and the consequent racialisation of humanity.
Wynter rethinks dominant concepts of being human, arguing that they are based on a colonial and racialized model that divides the world into asymmetric categories such as “the selected and the dysselected”, center and periphery, or colonizers and colonized. Against this Wynter proposes a new humanism. According to Katherine McKittrick Wynter develops a “counterhumanism”, that breaks from the classification of humans in static, asymmetric categories.
Provincializing Europe: Postcolonial Thought and Historical Difference
First published in 2000, Dipesh Chakrabarty’s influential Provincializing Europe addresses the mythical figure of Europe that is often taken to be the original site of modernity in many histories of capitalist transition in non-Western countries. This imaginary Europe, Dipesh Chakrabarty argues, is built into the social sciences. The very idea of historicizing carries with it some peculiarly European assumptions about disenchanted space, secular time, and sovereignty. Measured against such mythical standards, capitalist transition in the third world has often seemed either incomplete or lacking. Provincializing Europe proposes that every case of transition to capitalism is a case of translation as well – a translation of existing worlds and their thought-categories into the categories and self-understandings of capitalist modernity. Now featuring a new preface in which Chakrabarty responds to his critics, this book globalizes European thought by exploring how it may be renewed both for and from the margins.