Category: Old Blog Page 2 of 5
Image by Giorgi Balakhadze, Wikimedia Commons (I have no rights to this image) |
- Constitutional rights can be applied to non-governmental organisations, as the laws of some countries show. For instance, German and Austrian law describes the model of a so-called “thirdparty effect of constitutional rights”. The effect comes into play when the people involved have possess “very unequal economic and social power”, e.g. in the relationship between employers and employees. Analogously one could argue that the power gap between companies such as google or facebook and their users is large enough to warrant the consideration that users can evoke their constitutional rights
- Since facebook has an enormous bearing on the public debate of political and social issues, it should be subject to media laws and political scrutiny. In analogy to the google case, rights to privacy, to inform themselves freely or not to be harassed need to be respected. Some of them are already part of facebook’s “community standards”, but facebook is the only that monitors their enforcement.
- Facebooks own standards formulate obligations to their users. Facebook promises to leave the rights to content in the user’s hand, whenever standards are not violated. If not, they promise to notify the user (s. point 4 below). It should be made sure that facebook adheres to its own standards.
- Transparency presents a prominent principle in procedural justice. People have a right to be informed about the matters that concern them, especially in public interaction and deliberation. If facebook is editing content silently, it clearly violates this right.
P.S. I admit to being a frequent facebook user to gather information and keep in contact with people I do not see on a regular basis. Interestingly, my post linking to an article about Gideon Levy and his reports from Gaza is still up, while it disappeared from other walls. Not sure what that means.
At the British Medical Association’s (BMA) annual representatives meeting this week, doctors voted overwhelmingly to push for a permanent ban on the sale of cigarettes to those born after 2000.* What are the different reasons that might motivate, and potentially justify, the state intervening in citizens’ smoking behaviour? Broadly speaking, the main distinctions are those drawn between: (1) welfare- (both individual and collective) and autonomy-based reasons; (2) ‘harm to self’ and ‘harm to others’, that is, for the sake of smokers versus for the sake of non-smokers generally; and, relatedly, (3) an aim to increase tobacco use cessation (i.e., stop smokers smoking) versus an aim to reduce tobacco use initiation (stop people from starting to smoke in the first place). Accordingly, an initial taxonomy of reasons might have the following six cells:
Welfare-based reasons
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Autonomy-based reasons
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Smokers
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Welfare of smokers
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Autonomy of smokers
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Non-smokers
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Welfare of non-smokers
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Autonomy of non-smokers
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Potential smokers
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Welfare of potential smokers
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Autonomy of potential smokers
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Photo by Goska Smierzchalska / CC BY-NC 2.0 |
Content note: this post contains a discussion of sexual violence and rape.
Perhaps some of the hostility to content notes/trigger warnings comes from a lack of knowledge about how they could work. People seem to imagine them as these big intrusive and ugly warnings. I think an actual example of a content note shows us how far from the truth this is:
Course Content Note: At times this semester we will be discussing historical events that may be disturbing, even traumatizing, to some students. If you ever feel the need to step outside during one of these discussions, either for a short time or for the rest of the class session, you may always do so without academic penalty. (You will, however, be responsible for any material you miss. If you do leave the room for a significant time, please make arrangements to get notes from another student or see me individually.)
If you ever wish to discuss your personal reactions to this material, either with the class or with me afterwards, I welcome such discussion as an appropriate part of our coursework.
Though much of the online discussion has focused on syllabuses and student seminars, I think it is important to recognise that the same arguments also apply to seminars among professional academics. I think we academics sometimes falsely assume that the standards and principles we apply to student and non-academic discussions do not apply to our own professional practices. An academic giving a paper or a lecture which includes discussions that are potentially triggering should give attendees advance notice of this. This allows people to prepare themselves and not have it sprung upon them, and even the opportunity to avoid coming at all if they feel they are not able to cope with the discussion that day. Of course this does not address what is said during the ensuing question period. It does not stop another academic from insensitively using an example of rape or sexual violence when they respond to the speaker. Content notes and trigger warnings cannot (and are not supposed) to cover every possibility. To address that we could start by educating academics about what its like to be a victim of rape and hear examples of rape used casually in philosophy seminars.
Some have argued that “life doesn’t come with a trigger warning” and tried to suggest that using them in any situation is therefore pointless. While we may not be able to change everything, seminars are a small sphere of life that we have the power to make less hostile and more welcoming.
1 Content notes and trigger warnings are frequently confused. The difference is that “Trigger warnings are about attempting to identify common triggers for panic attacks and related experiences and tagging media for the benefit of people who find it helpful to be warned when media contains this material. Content notes are simply flags with information about content, to be used at the discretion of the person who encounters them.”↩
There are several sets of considerations that count in favour of the proposal. Let me briefly mention three. First, the proposal would benefit those on the receiving end of the nursing and social care provided. The work provided by these citizens is not well provided by the market and so, in the absence of the introduction of this proposal, many more citizens are left vulnerable and in need of vital nursing and social care.
Second, the proposal would benefit the citizens who perform the civilian service. The point is not that they are likely to enjoy the work. Perhaps they will not; after all, there is often a reason for why these jobs are not provided by the market. The point is that the experience is likely to broaden their horizons, teach them various important life skills, and is likely later to be regarded as a positive, meaningful experience. In short, the experience may end up being liberating and autonomy-enhancing.
Third, the rest of society is likely to benefit from proposal also. The hope is that a compulsory national civilian service will produce better, more civically-engaged citizens who will live in a way that is sensitive to the vulnerabilities and needs of others. Part of the problem with current society is that too many people, and often those with power, have no experience of what it means to be vulnerable. The proposal under consideration would have the effect of attending to this fact. (Similar arguments are made about military service.)
There are several types of objection that could be levelled in response. Let me briefly mention two. The first concedes that the proposal would be beneficial in all the ways described, but it claims that we should resist it on the grounds that it involves the violation of citizens’ rights. In particular, perhaps the proposal amounts to a violation of citizens’ right to free occupational choice?
This does not strike me as a very promising line of reasoning given that it involves only a one-year restriction on citizens’ occupational choice. The restriction on occupational choice sanctioned by this proposal is surely no greater than the restriction on the many citizens facing frequent unemployment or only dull, meaningless work.
The second objection argues that the proposal will fail to meet the ends that it sets itself. There are three versions of this objection, corresponding to the three benefits that the proposal hopes to bring about. The strongest version of this objection claims that the proposal will not benefit those on the receiving end of the nursing and social care provided. This is because those performing the work may be unfit to carry out the work.
This point is valid but it simply forces us to take care when implementing the proposal. In particular, it draws our attention to the need to provide proper training, and to select work that can appropriately be carried out by those on civilian service. There are many other complications that must be taken into account, but none of these challenge the attractiveness of the idea of a compulsory national civilian service as such. They are problems that we must attend to when it comes to implementation.
Why should these actors pay for others to learn? To the extent that what is provided is a public good, I see no problem with it being government subsidised. Revenue from students is more difficult, but (a) students would continue to receive distinctive returns for their payment (such as library access and tutorials) and (b) the issue, anyway, casts as much question on whether university education should be student or government financed as on the proposal above.
Are not the courses the intellectual property of the lecturers and, thus, within their right to disseminate as they choose (including, if they wish, only for a fee)? I have some doubts about whether university courses, especially those publically funded, can be deemed individual intellectual property, but, even if so, lecturers would not need to exercise this right and the case here would imply that they should not do so.
Would it impact badly on student attendance? Might it even, as some lecturers have worried, undermine the viability of some universities and cost jobs if students can study by watching online lectures posted by other institutions? I doubt either of these effects: evidence shows access to online material typically does not decrease attendance and, as noted above, universities will continue to attract numbers and attendance based on the other, more site-specific components of their teaching profile.